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11,128 full-text articles. Page 201 of 215.

The Managerial Judge Goes To Trial, Elizabeth G. Thornbug 2010 SMU Dedman School of Law

The Managerial Judge Goes To Trial, Elizabeth G. Thornbug

University of Richmond Law Review

No abstract provided.


The Impact Of Civilian Aggravating Factors On The Military Death Penalty (1984-2005): Another Chapter In The Resistance Of The Armed Forces To The Civilianization Of Military Justice, Catherine M. Grosso, David C. Baldus, George Woodworth 2010 Michigan State University College of Law

The Impact Of Civilian Aggravating Factors On The Military Death Penalty (1984-2005): Another Chapter In The Resistance Of The Armed Forces To The Civilianization Of Military Justice, Catherine M. Grosso, David C. Baldus, George Woodworth

University of Michigan Journal of Law Reform

In 1984, the U.S. Armed Forces amended its capital punishment system for death eligible murder to bring it into compliance with Furman v. Georgia. Those amendments were modeled after death penalty legislation prevailing in over thirty states. After a brief period between 1986 and 1990, the charging decisions of commanders and the conviction and sentencing decisions of court martial members (jurors) transformed the military death penalty system into a dual system that treats two classes of death eligible murder quite differently. Since 1990, a member of the armed forces accused of a killing a commissioned officer or murder with ...


The Federal Sentencing Guidelines: A Misplaced Trust In Mechanical Justice, Evangeline A. Zimmerman 2010 University of Michigan Law School

The Federal Sentencing Guidelines: A Misplaced Trust In Mechanical Justice, Evangeline A. Zimmerman

University of Michigan Journal of Law Reform

In 1984 the Sentencing Reform Act was passed, ending fully discretionary sentencing by judges and allowing for the creation of the Federal Sentencing Guidelines ("FSG" or "Guidelines"). This Note proposes that the Guidelines failed not only because they ran afoul of the Sixth Amendment, as determined by the Supreme Court in 2005, but also because they lacked a clear underlying purpose, had a misplaced trust in uniformity, and were born of political compromise. Moreover, the effect of the FSG was to blindly shunt discretionary decisions from judges, who are supposed to be neutral parties, to prosecutors, who are necessarily partisan ...


The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts, Steven S. Gensler 2010 University of Oklahoma Norman Campus

The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts, Steven S. Gensler

Steven S. Gensler

No abstract provided.


Terrorism And The Law: Show Trials And Why The Show Must Go On, Editor 2010 Embry-Riddle Aeronautical University

Terrorism And The Law: Show Trials And Why The Show Must Go On, Editor

International Bulletin of Political Psychology

The author discusses the nature and meaning of terrorism trials during the United States’ war on terror.


A Justice Of The Greatest Generation, Joseph Thai, Eduardo Penalver, Andrew Siegel 2010 University of Oklahoma College of Law

A Justice Of The Greatest Generation, Joseph Thai, Eduardo Penalver, Andrew Siegel

Joseph T Thai

No abstract provided.


Did Justice Stevens Change?, Joseph Thai 2010 University of Oklahoma College of Law

Did Justice Stevens Change?, Joseph Thai

Joseph T Thai

No abstract provided.


Panelist, National Standards Of Care For Medical Malpractice Suits, Dean Hashimoto 2010 Boston College Law School

Panelist, National Standards Of Care For Medical Malpractice Suits, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


National Security Courts: A European Perspective, Mindia Vashakmadze 2010 Georgian Academy of Sciences

National Security Courts: A European Perspective, Mindia Vashakmadze

Pace International Law Review Online Companion

No abstract provided.


The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray 2010 Newcastle University

The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray

Pace International Law Review Online Companion

The human rights abuses suffered by detainees held at Guantánamo Bay have dominated many of the cases before the United Kingdom’s courts. The Human Rights Act of 1998, still relatively new to the statute book, played a central role in the detainees’ arguments. The ultimate court decisions, however, often relegate such factors to the background of the case. This article examines why the deciding courts declined to develop the law of diplomatic protection on the basis of human rights concerns, and why such arguments continue to be employed by detainees. Furthermore, the article assesses why the English courts have ...


Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin 2010 University of Pennsylvania

Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin

Craig Martin

There has been little study of the analytical framework employed by the Japanese courts in resolving constitutional claims under the right to be treated as an equal and not be discriminated against. In the Japanese literature the only comparative analysis done focuses on American equal protection jurisprudence. This article examines the development of the equality rights doctrine in the Japanese Supreme Court from the perspective of an increasingly universal “proportionality analysis” approach to rights enforcement, of which the Canadian equality rights jurisprudence is a good example, in contrast to the American approach. This comparative analysis, which begins with a review ...


Matters In Abatement, Aaron R. Petty 2010 University of Arkansas at Little Rock William H. Bowen School of Law

Matters In Abatement, Aaron R. Petty

The Journal of Appellate Practice and Process

No abstract provided.


State Supreme Court Opinions As Law Development, Victor Eugene Flango 2010 University of Arkansas at Little Rock William H. Bowen School of Law

State Supreme Court Opinions As Law Development, Victor Eugene Flango

The Journal of Appellate Practice and Process

No abstract provided.


The Language Of Supreme Court Briefs: A Large-Scale Quantitative Investigation, Brady Coleman, Quy Phung 2010 University of Arkansas at Little Rock William H. Bowen School of Law

The Language Of Supreme Court Briefs: A Large-Scale Quantitative Investigation, Brady Coleman, Quy Phung

The Journal of Appellate Practice and Process

No abstract provided.


Using Legislative History In Arkansas To Determine Legislative Intent: An Examination Of Cases And Review Of The Sources, Kathryn C. Fitzhugh, Melissa M. Serfass 2010 University of Arkansas at Little Rock William H. Bowen School of Law

Using Legislative History In Arkansas To Determine Legislative Intent: An Examination Of Cases And Review Of The Sources, Kathryn C. Fitzhugh, Melissa M. Serfass

University of Arkansas at Little Rock Law Review

This article summarizes the legislative process in Arkansas. It lists and provides descriptions of Arkansas's primary sources of legislation, including print and online resources. An examination of case law focuses on this question: what do Arkansas appellate courts mean when they say they consider legislative history in determining the intent of the legislature; specifically, what types of information will the courts consider? A brief discussion of several general rules of statutory construction in Arkansas precedes an examination of specific sources the courts have relied on. These sources include House and Senate Journals, act titles, preambles, emergency clauses, official commentary ...


Lethal Discrimination, J. Thomas Sullivan 2010 University of Arkansas at Little Rock William H. Bowen School of Law

Lethal Discrimination, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Tort Damages And The New Science Of Happiness, Rick Swedloff, Peter H. Huang 2010 Rutgers School of Law, Camden

Tort Damages And The New Science Of Happiness, Rick Swedloff, Peter H. Huang

Indiana Law Journal

No abstract provided.


Geoffrey C. Hazard, Jr., And The Lessons Of History, Tobias Barrington Wolff 2010 Univ of Penn Law School

Geoffrey C. Hazard, Jr., And The Lessons Of History, Tobias Barrington Wolff

Faculty Scholarship at Penn Law

This is a biographical piece honoring Professor Geoffrey Hazard and his historical approach to the study of civil practice and procedure.


Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring 2010 College of William & Mary Law School

Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring

William & Mary Law Review

Much of the social science literature on judicial behavior has focused on the impact of ideology on how judges vote. For the most part, however, legal scholars have been reluctant to embrace empirical scholarship that fails to address the impact of legal constraints and the means by which judges reason their way to particular outcomes. This Article attempts to integrate and address the concerns of both audiences by way of an empirical examination of the Supreme Court’s use of a particular interpretive technique— namely, the use of legislative history to determine the purpose and meaning of a statute. We ...


Jurisdictional Discovery In United States Federal Courts, S. I. Strong 2010 University of Missouri School of Law

Jurisdictional Discovery In United States Federal Courts, S. I. Strong

Faculty Publications

The article begins with a discussion of the historical development and jurisprudential bases for jurisdictional discovery, then analyzes the two major structural problems with the device, namely (1) the lack of any identifiable standard regarding when jurisdictional discovery will be ordered and (2) the absence of any understanding about the proper scope of such discovery. Next, the article describes the root causes of these structural inadequacies and proposes several ways to address the root concerns, relying on a new line of Supreme Court precedent (including Ashcroft v. Iqbal) as well as analogies to other common law jurisdictions. The paper concludes ...


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