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The Pastor On The Witness Stand: Toward A Religious Privilege In The Courts, Michael Clay Smith 2017 St. John's University School of Law

The Pastor On The Witness Stand: Toward A Religious Privilege In The Courts, Michael Clay Smith

The Catholic Lawyer

No abstract provided.


Videoconferencing: Not A Foreign Language To International Courts, Riley A. Williams 2017 University of Oklahoma College of Law

Videoconferencing: Not A Foreign Language To International Courts, Riley A. Williams

Oklahoma Journal of Law and Technology

No abstract provided.


Resolving Economic Disputes In Russia's Market Economy, Karen Halverson 2017 John Marshall Law School

Resolving Economic Disputes In Russia's Market Economy, Karen Halverson

Karen Halverson Cross

The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.


Luther V. Borden: A Taney Court Mystery Solved, Louise Weinberg 2017 University of Texas Law School

Luther V. Borden: A Taney Court Mystery Solved, Louise Weinberg

Pace Law Review

It has not been generally remarked that Chief Justice Taney wrote surprisingly few of the Taney Court’s major opinions—those cases that tend to be anthologized and remembered by generalists. Those major cases which Taney did write are consistently about slavery (or states’ rights or state powers, which in Taney’s mind may have amounted to the same thing). There is a notable exception: Luther v. Borden—a case about the Guarantee Clause. This raises a question. Setting aside his opinions on slavery or states’ rights, what could have moved the author of Dred Scott, by consensus the worst ...


Newsroom: U.S. Supreme Court Justice Ruth Bader Ginsberg To Visit Rwu Law 08-31-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: U.S. Supreme Court Justice Ruth Bader Ginsberg To Visit Rwu Law 08-31-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Leach, Billy (Fa 1040), Manuscripts & Folklife Archives 2017 Western Kentucky University

Leach, Billy (Fa 1040), Manuscripts & Folklife Archives

FA Finding Aids

Finding aid only for Folklife Archives Project 1040. Paper titled "Folklore in the Kentucky Courtroom" in which Billy Leach challenges courtroom stereotypes by collecting anecdotal evidence from a local judge.


Chief Justice William Howard Taft's Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua E. Kastenberg 2017 University of New Mexico

Chief Justice William Howard Taft's Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua E. Kastenberg

Joshua E. Kastenberg

In 1927, Chief Justice William Howard Taft led a unanimous Court to determine that, at minimum, the right to an impartial and independent judiciary meant that the judge had to lack a personal interest in the outcome of the trial. While the decision, Tumey v. Ohio, was based on a judge’s pecuniary interest, it was also part of Taft’s efforts to ensure that the nation’s judges, from the municipal courts to the Supreme Court had the public’s confidence in their integrity. Tumey, therefore, is not simply a decision on pecuniary interests. It can, and should, be ...


The Hidden Costs Of Strategic Communications For The International Criminal Court, Megan A. Fairlie 2017 Florida International University College of Law

The Hidden Costs Of Strategic Communications For The International Criminal Court, Megan A. Fairlie

Megan A. Fairlie

In little more than a decade, the International Criminal Court (ICC) has received nearly 11,000 requests for its Prosecutor to conduct atrocity investigations around the globe. To date, no such communication has resulted in an official investigation. Nevertheless, the act of publicizing these investigation requests has proven to be an effective, attention-getting tool that can achieve valuable, alternative goals. This fact explains the increasing popularity of “strategic communications” — highly publicized investigation requests aimed not at securing any ICC-related activity, but at obtaining some non-Court related advantage. This Article, which is the first to identify this trend, explains why the ...


Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie 2017 Florida International University College of Law

Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie

Megan A. Fairlie

When one of the three judges hearing the case against Vojislav Šešelj at the International Tribunal for the former Yugoslavia (ICTY) was disqualified during the deliberations phase of the prosecution, many observers assumed that the multi-year trial would have to be re-heard. Instead, the ICTY opted to begin deliberations anew once a judge — who has not spent a single day participating in the proceedings — has familiarized himself with the trial record. This article demonstrates why the plan to proceed with a new judge is both procedurally illegitimate and markedly at odds with the ICTY’s statutory guarantee of a fair ...


The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh 2017 Florida International University College of Law

The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh

Charles C. Jalloh

This article discusses a rare successful prosecution of a head of state by a modern international criminal court. The case involved former Liberian president Charles Taylor. Taylor, who was charged and tried by the United Nations-backed Special Court for Sierra Leone (“SCSL”), was convicted in April 2013 for planning and aiding and abetting war crimes, crimes against humanity, and other serious international humanitarian law violations. He was sentenced to 50 years imprisonment. The SCSL Appeals Chamber upheld the historic conviction and sentence in September 2013. Taylor is currently serving his sentence in Great Britain. This article, from an insider who ...


The Stricter Standard: An Empirical Assessment Of Daubert’S Effect On Civil Defendants, Andrew Jurs, Scott DeVito 2017 Selected Works

The Stricter Standard: An Empirical Assessment Of Daubert’S Effect On Civil Defendants, Andrew Jurs, Scott Devito

Scott DeVito

No abstract provided.


Context At The International Criminal Court, Hassan Ahmad 2017 Pace University

Context At The International Criminal Court, Hassan Ahmad

Pace International Law Review

In this article, I propose a contextual approach to ICC jurisdiction normatively to be adopted by the Court’s Office of the Prosecutor and Pre-Trial Chamber in investigating and eventually prosecuting crimes under the Rome Statute. Under this contextual approach, I contend that both the Prosecutor and Pre-Trial Chamber are able to consider evidence outside the traditional notions of territorial and temporal jurisdiction to conceptualize a conflict in its entirety. The totality of cross-border and inter-temporal evidence should be considered when deciding whether to investigate attacks that the Prosecutor has a reasonable basis to believe fall within the Court’s ...


Reasonable Patent Exhaustion, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Reasonable Patent Exhaustion, Herbert J. Hovenkamp

Faculty Scholarship

A lengthy tug of war between the Supreme Court and the Federal Circuit Court of Appeals may have ended when the Supreme Court held that the sale of a patented article exhausts the patentee seller’s rights to enforce restrictions on that article through patent infringement suits. Further, reversing the Federal Circuit, the parties cannot bargain around this rule through the seller’s specification of conditions stated at the time of sale, no matter how clear. No inquiry need be made into the patentee’s market power, anticompetitive effects, or other types of harms, whether enforcement of the condition is ...


Punishing On A Curve, Adi Leibovitch 2017 Columbia Law School

Punishing On A Curve, Adi Leibovitch

Northwestern University Law Review

Does the punishment of one defendant depend on how she fares in comparison to the other defendants on the judge’s docket? This Article demonstrates that the troubling answer is yes. Judges sentence a given offense more harshly when their caseloads contain relatively milder offenses and more leniently when their caseloads contain more serious crimes. I call this phenomenon “punishing on a curve.”

Consequently, this Article shows how such relative sentencing patterns put into question the prevailing practice of establishing specialized courts and courts of limited jurisdiction. Because judges punish on a curve, a court’s jurisdictional scope systematically shapes ...


Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich 2017 Penn State Law

Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich

Arbitration Law Review

No abstract provided.


The Use And Reliability Of Federal Nature Of Suit Codes, Christina L. Boyd, David A. Hoffman 2017 University of Georgia

The Use And Reliability Of Federal Nature Of Suit Codes, Christina L. Boyd, David A. Hoffman

Faculty Scholarship

When filing a civil case in a federal district court, attorneys must identify one, and only one, of ninety issue area nature of suit (NOS) codes that best describes their case. While this may seem like a trivial moment in litigation, the selection of this single descriptor has significant implications for court statistics, empirical research findings, and the allocation of resources to federal courts, including judgeships. Despite the import of NOS codes, there is little within the process of choosing them to guarantee reliability in the selected NOS codes. To assess how reliable NOS codes are, we examine a database ...


Antitrust Policy And Inequality Of Wealth, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Antitrust Policy And Inequality Of Wealth, Herbert J. Hovenkamp

Faculty Scholarship

Why would anyone want to use antitrust law as a wealth distribution device when far more explicit statutory tools are available for that purpose? One feature of antitrust is its open-textured, nonspecific statutes that are interpreted by judges. As a result, using antitrust to redistribute wealth may be a way of invoking the judicial process without having to go to Congress or a state legislature that is likely to be unsympathetic. Of course, a corollary is that someone attempting to use antitrust law to redistribute wealth will have to rely on the existing antitrust statutes rather than obtaining a new ...


The Five Stages Of Lgbtq Discrimination And Its Effects On Mass Incarceration, Michael D. Braunstein 2017 University of Miami Law School

The Five Stages Of Lgbtq Discrimination And Its Effects On Mass Incarceration, Michael D. Braunstein

University of Miami Race & Social Justice Law Review

Although the Supreme Court’s recent decision in Obergefell v. Hodges provided some indication of equality for members of the LBGTQ community, the sad truth is that discrimination against those who do not identify as “heterosexual” reaches far deeper than the right to marry. This discrimination is especially present with regards to biased treatment by law enforcement officers and a lack of accommodations or protections within the court and prison systems. In a nation that has seen various groups of people fight for and earn their equality over and over again, it is truly concerning that the LGBTQ community is ...


The Rule Of Reason, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

The Rule Of Reason, Herbert J. Hovenkamp

Faculty Scholarship

Antitrust’s rule of reason was born out of a thirty year (1897-1927) division among Supreme Court Justices about the proper way to assess multi-firm restraints on competition. By the late 1920s the basic contours of the rule for restraints among competitors was roughly established. Antitrust policy toward vertical restraints remained much more unstable, however, largely because their effects were so poorly understood.

This article provides a litigation field guide for antitrust claims under the rule of reason – or more precisely, for situations when application of the rule of reason is likely. At the time pleadings are drafted and even ...


The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe 2017 New York Law School

The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe

Cleveland State Law Review

Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging—the failure to charge in entire classes of cases. Undercharging can similarly undermine the efficacy and legitimacy of the criminal justice system. While few have focused on this question in the domestic criminal law context, international law scholars have long recognized the social and structural cost for nascent democratic states when they fail to charge those responsible for the prior regime’s human rights abuses. This sort of impunity threatens the rule of ...


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