Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

Courts

PDF

Journal

2015

Articles 1 - 11 of 11

Full-Text Articles in Jurisprudence

Unfair Trade Practices In Imports - Section 337 Of The Tariff Act Of 1930 And The Meaning Of "Domestic Industry", Kathy Bond Dec 2015

Unfair Trade Practices In Imports - Section 337 Of The Tariff Act Of 1930 And The Meaning Of "Domestic Industry", Kathy Bond

Georgia Journal of International & Comparative Law

No abstract provided.


A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr. Nov 2015

A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Standing Of The Public Interest, Amitai Etzioni Sep 2015

The Standing Of The Public Interest, Amitai Etzioni

Barry Law Review

No abstract provided.


The Demise Of Habeas Corpus And The Rise Of Qualified Immunity: The Court's Ever Increasing Limitations On The Development And Enforcement Of Constitutional Rights And Some Particularly Unfortunate Consequences, Stephen R. Reinhardt May 2015

The Demise Of Habeas Corpus And The Rise Of Qualified Immunity: The Court's Ever Increasing Limitations On The Development And Enforcement Of Constitutional Rights And Some Particularly Unfortunate Consequences, Stephen R. Reinhardt

Michigan Law Review

The collapse of habeas corpus as a remedy for even the most glaring of constitutional violations ranks among the greater wrongs of our legal era. Once hailed as the Great Writ, and still feted with all the standard rhetorical flourishes, habeas corpus has been transformed over the past two decades from a vital guarantor of liberty into an instrument for ratifying the power of state courts to disregard the protections of the Constitution. Along with so many other judicial tools meant to safeguard the powerless, enforce constitutional rights, and hold the government accountable, habeas has been slowly eroded by a …


"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer Apr 2015

"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer

Seattle University Law Review

This Article focuses on the tension between the late-nineteenth century “Dillon’s Rule” limiting city powers, and the “home rule” approach that gained traction in the early and mid-twentieth century. Washington’s constitution allows cities to exercise all the police powers possessed by the state government, so long as local regulations do not conflict with general laws. The constitution also vests charter cities with control over their form of government. But all city powers are subject to “general laws” adopted by the legislature. Further, judicial rulings on city powers to provide public services have fluctuated, ranging from decisions citing the “Dillon’s Rule” …


The Roberts Court And Penumbral Federalism, Edward Cantu Apr 2015

The Roberts Court And Penumbral Federalism, Edward Cantu

Catholic University Law Review

For several decades the Court has invoked “state dignity” to animate federalism reasoning in isolated doctrinal contexts. Recent Roberts Court decisions suggest that a focus on state dignity, prestige, status, and similar ethereal concepts—which derive from a “penumbral” reading of the Tenth Amendment—represent the budding of a different doctrinal approach to federalism generally. This article terms this new approach “penumbral federalism,” an approach less concerned with delineating state from federal regulatory turf, and more concerned with maintaining the states as viable competitors for the respect and loyalty of the citizenry.

After fleshing out what “penumbral federalism” is and its …


From The Shoals Of Ras Kaboudia To The Shores Of Tripoli: The Tunisia/Libya Continental Shelf Boundary Delimitation, Donna R. Christie Mar 2015

From The Shoals Of Ras Kaboudia To The Shores Of Tripoli: The Tunisia/Libya Continental Shelf Boundary Delimitation, Donna R. Christie

Georgia Journal of International & Comparative Law

No abstract provided.


Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen Feb 2015

Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen

Georgia Journal of International & Comparative Law

No abstract provided.


Realism About Judges, Richard A. Posner Jan 2015

Realism About Judges, Richard A. Posner

Northwestern University Law Review

No abstract provided.


Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline T. Kim Jan 2015

Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline T. Kim

Northwestern University Law Review

No abstract provided.


A Typology Of Judging Styles, Corey Rayburn Yung Jan 2015

A Typology Of Judging Styles, Corey Rayburn Yung

Northwestern University Law Review

This Article calls into question the fundamental premises of models of judicial decisionmaking utilized by legal and political science scholars. In the place of the predominant theories, I offer a new approach to understanding judicial behavior which recognizes judicial heterogeneity, multidimensional behavior, and interconnectedness among judges at different levels within the judiciary. The study utilizes a unique dataset of over 30,000 judicial votes from eleven courts of appeals in 2008, yielding statistically independent measures for judicial activism, ideology, independence, and partisanship. Based upon those four metrics, statistical cluster analysis is used to identify nine statistically distinct judging styles: Trailblazing, Consensus …