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Articles 61 - 90 of 299
Full-Text Articles in Judges
Admiralty - Torts - In Noncollision Cases Contribution Will Lie Where No Countervailing Considerations Detract From The Maritime Rule Allowing Contribution Between Joint Tortfeasors, Richard H. Siegel, Stephen O. Spinks
Admiralty - Torts - In Noncollision Cases Contribution Will Lie Where No Countervailing Considerations Detract From The Maritime Rule Allowing Contribution Between Joint Tortfeasors, Richard H. Siegel, Stephen O. Spinks
Georgia Journal of International & Comparative Law
No abstract provided.
Aviation Law - Insurance - Neither “War Risk” Nor Other Standard Terms Denoting Civil Disturbance Within The Exclusionary Clauses Of All Risks Policies Encompass The Destruction Of An Aircraft By Hijackers, Kathy D. Izell
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt
Georgia Journal of International & Comparative Law
No abstract provided.
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Georgia Journal of International & Comparative Law
No abstract provided.
The Icelandic Fisheries Dispute: A Decision Is Finally Rendered, Roger A. Briney
The Icelandic Fisheries Dispute: A Decision Is Finally Rendered, Roger A. Briney
Georgia Journal of International & Comparative Law
No abstract provided.
Newsroom: Kuckes On Legal Fees Ruling 7/20/2016, Sheri Qualters, Roger Williams University School Of Law
Newsroom: Kuckes On Legal Fees Ruling 7/20/2016, Sheri Qualters, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Trending @ Rwu Law: Judge Netti Vogel's Post: Women, The Legal Profession, And How Far We've Come 7-19-16, Netti Vogel
Trending @ Rwu Law: Judge Netti Vogel's Post: Women, The Legal Profession, And How Far We've Come 7-19-16, Netti Vogel
Law School Blogs
No abstract provided.
Law, Politics, And Legacy Building At The Mclachlin Court In 2014, Jamie Cameron
Law, Politics, And Legacy Building At The Mclachlin Court In 2014, Jamie Cameron
Jamie Cameron
This Article was written for Osgoode Hall Law School’s annual Constitutional Cases conference, and provides the keynote overview of the McLachlin Court’s 2014 constitutional jurisprudence. The Court’s 2014 constitutional decisions (Appointment and Senate References; Tsilqot’in Nation; Trial Lawyers) and restrictions on Mr. Big operations (Hart), in combination with a tsunami of Charter decisions early in 2015 (the 2015 Labour Trilogy; Carter v. Canada; R. v. Nur; and others), made this a legacy-building year. More than an overview, this Article probes the nature of the McLachlin Court’s legacy this year and the relationship between legal and political dynamics, to ask: in …
Congratulations To Judge Procter R. Hug, Jr., Barry G. Silverman
Congratulations To Judge Procter R. Hug, Jr., Barry G. Silverman
Barry G Silverman
No abstract provided.
Congratulations To Judge Procter R. Hug, Jr., Barry G. Silverman
Congratulations To Judge Procter R. Hug, Jr., Barry G. Silverman
Barry G Silverman
No abstract provided.
Newsroom: Yelnosky On Ginsburg's Trump Comments 7/14/2016, Edward Fitzpatrick, Roger Williams University School Of Law
Newsroom: Yelnosky On Ginsburg's Trump Comments 7/14/2016, Edward Fitzpatrick, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Seeking A Balance: Judicial Diversity In Ri 7/7/2016, Michael M. Bowden, Roger Williams University School Of Law
Newsroom: Seeking A Balance: Judicial Diversity In Ri 7/7/2016, Michael M. Bowden, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Book Review Of Constitutional Personae, Michael N. Umberger
Book Review Of Constitutional Personae, Michael N. Umberger
Library Staff Publications
No abstract provided.
Justice, Justice Shall Ye Pursue, Honorable Jonathan Lippman
Justice, Justice Shall Ye Pursue, Honorable Jonathan Lippman
Wilf Impact Center for Public Interest Law
No abstract provided.
Access To Justice In Buffalo And Beyond: Making The Justice System More Welcoming For Refugees, Fidèle Menavanza, Ms, Llb
Access To Justice In Buffalo And Beyond: Making The Justice System More Welcoming For Refugees, Fidèle Menavanza, Ms, Llb
Wilf Impact Center for Public Interest Law
No abstract provided.
Why A Right: The Right To Counsel And The Ecology Of Housing Justice, Andrew Scherer
Why A Right: The Right To Counsel And The Ecology Of Housing Justice, Andrew Scherer
Wilf Impact Center for Public Interest Law
No abstract provided.
The Fight For Justice In Housing Court: From The Bronx To A Right To Counsel For All New York City Tenants, Susanna Blankley
The Fight For Justice In Housing Court: From The Bronx To A Right To Counsel For All New York City Tenants, Susanna Blankley
Wilf Impact Center for Public Interest Law
No abstract provided.
Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh
Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh
Faculty Scholarship
This Article begins, in Part I, with an overview of magistrate judges’ history and role generally, including a discussion of the mechanism of “blind consent” that must be undertaken before a magistrate judge may conduct a trial. Part I then turns to magistrate judges’ role in settlement and ADR, outlines the procedural and ethical rules governing judges’ role in settlement, and highlights research revealing lawyers’ concerns regarding judges’ role in settlement. In Part II, the Article provides a brief overview of mediation in the federal courts and considers the relationship between judge-hosted settlement sessions and mediation. With this background regarding …
Access To Justice?: A Study Of Access Restrictions On The Papers Of U.S. Supreme Court Justices, Susan David Demaine, Benjamin J. Keele
Access To Justice?: A Study Of Access Restrictions On The Papers Of U.S. Supreme Court Justices, Susan David Demaine, Benjamin J. Keele
Articles by Maurer Faculty
For scholars of law, history, and government—and the American public—the papers of all Supreme Court Justices are of vital importance. They contribute to biographies, histories, and legal critiques. Our understanding of the Court and its decisions is enriched by access to the thinking of the justices. In turn, this knowledge informs our views on our laws and social order and helps shape the future of our legal, political, and even moral culture. Despite the importance of these papers, many justices who have donated their papers in the past 75 years or so have placed restrictions on access to the collection. …
The Hughes Court Docket Books: The Early Terms, 1929-1933, Barry Cushman
The Hughes Court Docket Books: The Early Terms, 1929-1933, Barry Cushman
Barry Cushman
For many years, the docket books kept by a number of the Hughes Court Justices have been held by the Office of the Curator of the Supreme Court. Yet the existence of these docket books was not widely known, and access to them was highly restricted. In April of 2014, however, the Court adopted new guidelines designed to increase access to the docket books for researchers. This article offers a report and analysis based on a review of all of the docket books that the Curator’s Office holds for the early Hughes Court, comprising the 1929-1933 Terms. Only one of …
Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler
Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler
Georgia Journal of International & Comparative Law
No abstract provided.
Aviation Law - Personal Injury - The Warsaw Convention, As Modified By The Montreal Agreement, Acts To Establish The Air Carrier’S Strict Liability For A Passenger’S Personal Injury Incurred During An Aircraft Hijacking, Robert T. Bockman
Georgia Journal of International & Comparative Law
No abstract provided.
Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny
Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny
Georgia Journal of International & Comparative Law
No abstract provided.
The Scrivener’S Error, Ryan D. Doerfler
The Scrivener’S Error, Ryan D. Doerfler
Northwestern University Law Review
It is widely accepted that courts may correct legislative drafting mistakes, i.e., so-called scrivener’s errors, if and only if such mistakes are “absolutely clear.” The rationale is that if a court were to recognize a less clear error, it might be “rewriting” the statute rather than correcting a technical mistake.
This Article argues that the standard is much too strict. The current rationale ignores that courts can “rewrite,” i.e., misinterpret, a statute both by recognizing an error and by failing to do so. Accordingly, because the current doctrine is designed to protect against one type of mistake (false positives) but …
The Judge As Umpire: Ten Principles, Brett M. Kavanaugh
The Judge As Umpire: Ten Principles, Brett M. Kavanaugh
Catholic University Law Review
In his speech, Judge Kavanaugh discusses the notion of Judges as umpires and sets forth ten principles that are vital for an impartial judiciary dedicated to the rule of law in our separation of powers system. According to Judge Kavanaugh, Judges cannot act as partisans, must follow establish rules and principles, and must strive for consistency, not only in terms of respecting precedent, but from day to day, in how they decide cases, confront issues, interpret statutes and interpret the Constitution.
Judges must also understand that their role is to apply the rules rather than remake the rules according to …
Newsroom: Op-Ed: Yelnosky On Judicial Selection 6-17-2016, Michael J. Yelnosky, Providence Journal, Roger Williams University School Of Law
Newsroom: Op-Ed: Yelnosky On Judicial Selection 6-17-2016, Michael J. Yelnosky, Providence Journal, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Alj Central Panels: How Is It Going Out There?, W. Michael Gillette
Alj Central Panels: How Is It Going Out There?, W. Michael Gillette
Journal of the National Association of Administrative Law Judiciary
For over 40 years, administrative law mavens have touted the desirability of “central panels,” i.e., panels of administrative law judges who, instead of being attached to a single administrative agency, are assigned to a “central,” “independent” panel that supplies administrative law judges to conduct contested case hearings for a variety of agencies. More than half the states have listened to the siren call and have created such panels — the earliest (California’s) as far back as 1946. As one who at first opposed, but later supported the creation of such a panel in his home state, Oregon, the author now …
Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott
Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott
Georgia Journal of International & Comparative Law
No abstract provided.
“Criminal Records” - A Comparative Approach, Sigmund A. Cohn
“Criminal Records” - A Comparative Approach, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
Recent Decision: Constitutional Law - Restriction Of American Citizens’ Right Of Access To Information And Ideas In The Court Of Government Control Of Immigration Is Not Unconstitutional When Supported By A Facially Legitimate Reason, W. P. Bishop, Joseph C. Vanzant
Recent Decision: Constitutional Law - Restriction Of American Citizens’ Right Of Access To Information And Ideas In The Court Of Government Control Of Immigration Is Not Unconstitutional When Supported By A Facially Legitimate Reason, W. P. Bishop, Joseph C. Vanzant
Georgia Journal of International & Comparative Law
No abstract provided.