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Journal

2005

Discipline
Institution
Keyword
Publication

Articles 1 - 30 of 36

Full-Text Articles in Legal Writing and Research

Signatures Of Ideology: The Case Of The Supreme Court's Criminal Docket, Ward Farnsworth Oct 2005

Signatures Of Ideology: The Case Of The Supreme Court's Criminal Docket, Ward Farnsworth

Michigan Law Review

Everyone suspects that Supreme Court justices' own views of policy play a part in their decisions, but the size and nature of the part is a matter of vague impression and frequent dispute. Do their preferences exert some pressure at the margin or are they better viewed as the mainsprings of decision? The latter claim, identified with legal realism, has been lent some support by political scientists who point out that some justices regularly vote for or against certain kinds of claims (for example, under the Fourth Amendment), or that votes in some areas are broadly predictable according to a …


Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether Sep 2005

Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether

Washington and Lee Law Review

No abstract provided.


Fourth Circuit Publication Practices, Carl Tobias Sep 2005

Fourth Circuit Publication Practices, Carl Tobias

Washington and Lee Law Review

No abstract provided.


Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill Sep 2005

Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill

Washington and Lee Law Review

No abstract provided.


Much Ado About The Tip Of An Iceberg, William M. Richman Sep 2005

Much Ado About The Tip Of An Iceberg, William M. Richman

Washington and Lee Law Review

No abstract provided.


Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz Sep 2005

Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz

Washington and Lee Law Review

No abstract provided.


The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett Sep 2005

The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett

Washington and Lee Law Review

No abstract provided.


Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy Sep 2005

Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy

Washington and Lee Law Review

No abstract provided.


Publishing Dissent, Arthur J. Jacobson Sep 2005

Publishing Dissent, Arthur J. Jacobson

Washington and Lee Law Review

No abstract provided.


Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens Sep 2005

Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens

Washington and Lee Law Review

No abstract provided.


Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein Sep 2005

Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein

Washington and Lee Law Review

No abstract provided.


Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati Sep 2005

Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati

Washington and Lee Law Review

No abstract provided.


A Theory In Search Of A Court, And Itself: Judicial Minimalism At The Supreme Court Bar, Neil S. Siegel Aug 2005

A Theory In Search Of A Court, And Itself: Judicial Minimalism At The Supreme Court Bar, Neil S. Siegel

Michigan Law Review

According to the prevailing wisdom in academic public law, constitutional theory is a field that seeks to articulate and evaluate abstract accounts of the nature of the United States Constitution. Theorists offer those accounts as guides to subsequent judicial construction of constitutional provisions. As typically conceived, therefore, constitutional theory tends to proceed analytically from the general to the particular; its animating idea is that correct decisions in constitutional cases presuppose theoretical commitments to the methodological principles that should guide constitutional interpretation and the substantive values such interpretation should advance. In its enthusiasm for abstraction, constitutional theory has, at times, generated …


David E. Guinn On A Handbook Of International Human Rights Terminology (Second Edition) By H. Victor Condé. Lincoln, Nb: University Of Nebraska Press, 2004. 536pp., David E. Guinn Jun 2005

David E. Guinn On A Handbook Of International Human Rights Terminology (Second Edition) By H. Victor Condé. Lincoln, Nb: University Of Nebraska Press, 2004. 536pp., David E. Guinn

Human Rights & Human Welfare

A review of:

A Handbook of International Human Rights Terminology (Second Edition) by H. Victor Condé. Lincoln, NB: University of Nebraska Press, 2004. 536pp.


Gay Politics And Precedents, Frank B. Cross May 2005

Gay Politics And Precedents, Frank B. Cross

Michigan Law Review

One can find many analyses of the development of gay rights law in America but none are so illuminating as Daniel Pinello's in his book Gay Rights and American Law. More significantly, while it offers a superb understanding of the recent record of gay rights litigation, the book provides a fine-grained and sophisticated understanding of judicial decisionmaking in this important and developing area of the law. Indeed, the value of the book for students of judicial decisionmaking even transcends its value for students of gay rights jurisprudence. Quantitative empirical studies of judicial decisionmaking, well established in political science, have …


Caught In The Trap: Pricing Racial Housing Preferences, A. Mechele Dickerson May 2005

Caught In The Trap: Pricing Racial Housing Preferences, A. Mechele Dickerson

Michigan Law Review

In The Two-Income Trap, Harvard Law School Professor Elizabeth Warren and business consultant Amelia Warren Tyagi reach a startling conclusion: a two-income middle-class family faces greater financial risks today than a one-income family faced three decades ago. Middle-class families are caught in an "income trap" because they budget based on two incomes and face financial ruin if they lose an income or incur unexpected expenses. The authors suggest that most middle-class families cannot quickly adjust their budgets because their largest monthly expense is the fixed mortgage payment. The parents maintained that they had to allocate a significant portion of …


Legal Writing: Why Is A Legal Memorandum Like An Onion?-A Student's Guide To Reviewing And Editing, Terry Jean Seligmann Mar 2005

Legal Writing: Why Is A Legal Memorandum Like An Onion?-A Student's Guide To Reviewing And Editing, Terry Jean Seligmann

Mercer Law Review

If you are a student working on a legal memorandum, you may think the answer to the question posed by the title of this Article is that they can both make you cry. This Article may help you avoid tears by giving you a way to review your work. The legal memorandum is like an onion because it is a whole made up of many layers. These layers cover each other in levels that can be cross-sectioned and examined in place without losing the sense of the whole. The guidelines offered for that examination follow the priorities of your legal …


The Death Of The Living Will, Carl E. Schneider, Angela Fagerlin Jan 2005

The Death Of The Living Will, Carl E. Schneider, Angela Fagerlin

Law Quadrangle (formerly Law Quad Notes)

Enough. The living will has failed, and it is time to say so.

We should have known it would fail: A notable but neglected psychological literature always provided arresting reasons to expect the policy of living wills to misfire. Given their alluring potential, perhaps they were worth trying. But a crescendoing empirical literature and persistent clinical disappointments reveal that the rewards of the campaign to promote living wills do not justify its costs.


Events Jan 2005

Events

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.


2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 24 J. Marshall J. Computer & Info. L. 97 (2005), Allyson Bennett, Christina Dallen, David Kestenbaum Jan 2005

2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 24 J. Marshall J. Computer & Info. L. 97 (2005), Allyson Bennett, Christina Dallen, David Kestenbaum

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 69 (2005), Richard C. Balough, Pirya Krishnamoorthy Venkat, Douglas Maclean, Larisa V. Morgan, Michael Rogalski Jan 2005

2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 69 (2005), Richard C. Balough, Pirya Krishnamoorthy Venkat, Douglas Maclean, Larisa V. Morgan, Michael Rogalski

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 24 J. Marshall J. Computer & Info. L. 133 (2005), Cherish M. Keller, Elaine Wyder-Harshman Jan 2005

2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 24 J. Marshall J. Computer & Info. L. 133 (2005), Cherish M. Keller, Elaine Wyder-Harshman

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 23 J. Marshall J. Computer & Info. L. 633 (2005), Ashley S. Kamphaus, Michelle M. Prince, Jon Paul Carroll Jan 2005

2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 23 J. Marshall J. Computer & Info. L. 633 (2005), Ashley S. Kamphaus, Michelle M. Prince, Jon Paul Carroll

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 23 J. Marshall J. Computer & Info. L. 563 (2005), Patricia Gerdes, Tim Scahill, Otto Shragal, Richard C. Balough, Leslie Ann Reis Jan 2005

2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 23 J. Marshall J. Computer & Info. L. 563 (2005), Patricia Gerdes, Tim Scahill, Otto Shragal, Richard C. Balough, Leslie Ann Reis

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 23 J. Marshall J. Computer & Info. L. 587 (2005), Ryan Dry, Angela Hamilton, Jason Newman Jan 2005

2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 23 J. Marshall J. Computer & Info. L. 587 (2005), Ryan Dry, Angela Hamilton, Jason Newman

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod Jan 2005

The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod

NYLS Law Review

No abstract provided.


Process Reengineering And Legal Education: An Essay On Daring To Think Differently, Karen Gross Jan 2005

Process Reengineering And Legal Education: An Essay On Daring To Think Differently, Karen Gross

NYLS Law Review

No abstract provided.


Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman Jan 2005

Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman

NYLS Law Review

No abstract provided.


The Rise And Fall Of American Legal Education, Richard A. Matasar Jan 2005

The Rise And Fall Of American Legal Education, Richard A. Matasar

NYLS Law Review

No abstract provided.


In Re Adelphia Communications Corp. (Decided Dec. 5, 2003), Phillip Mahoney Jan 2005

In Re Adelphia Communications Corp. (Decided Dec. 5, 2003), Phillip Mahoney

NYLS Law Review

No abstract provided.