Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Chancery (2)
- English law (2)
- Exchequer (2)
- Federal courts (2)
- 1789 Judiciary Act (1)
-
- 1983 (1)
- ATS (1)
- Alien Tort Statute (1)
- Bivens (1)
- Citation of unpublished opinions (1)
- Civil rights (1)
- Constitutional (1)
- Court of Common Pleas (1)
- FRAP 32.1 (1)
- Federal Courts of Appeals (1)
- Federal Rule of Appellate Procedure 32.1 (1)
- Federal rules of appellate procedure (1)
- Human rights (1)
- International law (1)
- Justiciability (1)
- Law reports (1)
- Local rules (1)
- Middle Ages (1)
- Precedent (1)
- Qualified immunity (1)
- Realism (1)
- Subject matter jurisdiction (1)
- Unpublished (1)
Articles 1 - 8 of 8
Full-Text Articles in Jurisprudence
Let The Right Ones In: The Supreme Court's Changing Approach To Justiciability, Richard L. Heppner
Let The Right Ones In: The Supreme Court's Changing Approach To Justiciability, Richard L. Heppner
Law Faculty Publications
The power of federal courts to act is circumscribed not only by the limits of subject matter jurisdiction, but also by various justiciability doctrines. Article III of the Constitution vests the judicial power of the United States in the Supreme Court and such inferior courts as Congress creates. That power is limited to deciding cases and controversies. It does not permit federal courts to provide advisory opinions when there is not a real dispute between the parties. Based on that constitutional limit, and related prudential concerns, the Court has developed a variety of justiciability requirements limiting which cases can be …
James Ravenscroft's Reports Of Cases In The Court Of Common Pleas (1623-1633), William Hamilton Bryson
James Ravenscroft's Reports Of Cases In The Court Of Common Pleas (1623-1633), William Hamilton Bryson
Law Faculty Publications
James Ravenscroft was born in 1595, the son of Thomas Ravenscroft of Fould Park, Middlesex, and Bridget Powell. The Ravenscrofts were an ancient Flintshire family. (Thomas Ravenscroft (1563-1631) was a cousin of Lord Ellesmere's first wife, a member of Parliament in 1621, and a Cursitor in the Chancery.) James was admitted at Jesus College, Cambridge, in 1613, and received his B.A. degree in 1616. He was admitted to the Inner Temple on 29 May 1617, and he was called to the bar on 21 May 1626. James was married to Mary Peck; they resided in High Holborn, and had eleven …
Reports Of Cases In The Court Of Chancery In The Middle Ages, William Hamilton Bryson
Reports Of Cases In The Court Of Chancery In The Middle Ages, William Hamilton Bryson
Law Faculty Publications
If the history of the law is to be properly written, it must be based upon the primary legal sources. One of the primary source materials of the law is the reports of cases. These are particularly important because here is the best evidence of the judges’ legal reasoning. The court records kept by the clerks of the courts do not give this information as, indeed, it is not their purpose to do any more than record the results of a particular lawsuit for future use. They primarily serve the purpose of res judicata; their value as judicial precedent …
Reports Of Cases In The Court Of Exchequer From 1604 To 1648, William Hamilton Bryson
Reports Of Cases In The Court Of Exchequer From 1604 To 1648, William Hamilton Bryson
Law Faculty Publications
Before the year 2000, there were in print only two modest collections of reports of cases in the Court of Exchequer dating before the accession of King George I in 1714. These are the reports of Sir Richard Lane (d. 1650) and those of Thomas Hardres (d. 1681). Combined, they cover only 28 years, and the number of cases is quite minuscule compared to the other high courts of justice at Westminster. This extreme paucity of printed materials has given a false impression of unimportance of the Court of Exchequer. While it is certainly true that this court did not …
A Realist Defense Of The Alien Tort Statute, Robert Knowles
A Realist Defense Of The Alien Tort Statute, Robert Knowles
Law Faculty Publications
This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits victims of human rights violations anywhere in the world to sue tortfeasors in U.S. courts. The ATS, moribund for nearly 200 years, has recently emerged as an important but controversial tool for the enforcement of human rights norms. “Realist” critics contend that ATS litigation exasperates U.S. allies and rivals, weakens efforts to combat terrorism, and threatens U.S. sovereignty by importing into our jurisprudence undemocratic international law norms. Defenders of the statute, largely because they do not …
Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland
Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland
Law Faculty Publications
No abstract provided.
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
Law Faculty Publications
No abstract provided.
La Cour Constitutionnelle Roumaine. Premiers Pas. (The Romanian Constitutional Court. First Steps), Dana Neacsu
La Cour Constitutionnelle Roumaine. Premiers Pas. (The Romanian Constitutional Court. First Steps), Dana Neacsu
Law Faculty Publications
As a panel member, Constitutional Law Study and Research Group, University of Aix-Marseille III, France this Paper covered the early jurisprudence of the Romanian Constitutional Court (September 1993) (in French)