Courts Commons^™

Using The Language Of Turner V. Rogers To Advocate For A Right To Counsel In Immigration Removal Proceedings, 46 J. Marshall L. Rev. 893 (2013), Shane T. Devins

UIC Law Review

No abstract provided.

The Origin And Evolution Of The Third Party “Refusal To Deal” Defense In Illinois Corporate Opportunity Cases, 46 J. Marshall L. Rev. 937 (2013), William Lynch Schaller

UIC Law Review

No abstract provided.

Unlocking The Eighth Amendment's Power To Make Innocence A Constitutional Claim: The 'Objective' Views Of State Legislators, David Niven

Barry Law Review

No abstract provided.

Feres Doctrine: "Don't Let This Be It. Fight!", 46 J. Marshall L. Rev. 607 (2013), Jennifer Zyznar

UIC Law Review

No abstract provided.

Voir Dire In The #Lol Society: Jury Selection Needs Drastic Updates To Remain Relevant In The Digital Age, 47 J. Marshall L. Rev. 459 (2013), Zachary Mesenbourg

UIC Law Review

No abstract provided.

The Charter's Influence Around The World, Mark Tushnet

Osgoode Hall Law Journal

Over the past several decades, the influence of the United States Constitution and Supreme Court around the world has waned while that of the Canadian Charter and Supreme Court has increased. This article examines several reasons for these changes, including: the relative ages of the constitutions; the US Supreme Court’s recent conservatism; the Canadian Supreme Court’s role in developing the doctrine of proportionality; the US Supreme Court’s interest in originalism; differing structures of constitutional review and judicial supremacy; and the two Courts’ relative openness to transnational influences.

Full Disclosure: Cognitive Bias, Informants, And Search Warrant Scrutiny, Mary Bowman

Faculty Articles

This article posits that cognitive biases play a significant role in the gap between the rhetoric regarding Fourth Amendment protection and actual practices regarding search warrant scrutiny, particularly for search warrants based on informants’ tips. Specifically, this article examines the ways in which implicit bias, tunnel vision, priming, and hindsight bias can affect search warrants. These biases can affect each stage of the search warrant process, including targeting decisions, the drafting process, the magistrate’s decision whether to grant the warrant, and post-search review by trial and appellate courts. These biases create room for informant falsehoods to go unchecked, with a …

State Power To Define Jurisdiction, Samuel P. Jordan, Christopher K. Bader

Georgia Law Review

States should have broader authority to decline
jurisdiction over federal claims. The normative
considerations supporting this doctrine of "reverse
abstention" have been developed in previous work. But
what of the Constitution? The traditional reading,
reflected in existing precedent, asserts that the Supremacy
Clause, Article III, and perhaps Article I operate together
to create an inflexible obligation for state courts to hear
federal claims. This reading is misguided. The
Supremacy Clause contains no jurisdictional obligation of
its own force, but only gives supreme effect to other validly
enacted federal laws. And no other clause provides the
authority to impose such an …

(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions, Scott A. Moss

Publications

No abstract provided.

Post-Crisis Reconsideration Of Federal Court Reform , David R. Cleveland

Cleveland State Law Review

While the language of crisis has diminished, the caseload volume problem continues to bedevil the federal appellate courts, and the altered process adopted describe, there are just too many cases to handle with current resources using the time-honored appellate process; there is no simple solution. The path of least resistance—sacrificing appellate standards—has proven workable and effective, and the more significant steps such as reducing appeals or increasing judicial resources have gone unadopted. Various studies and proposals of the federal court system have suggested other methods that could be used to address the problem, and these methods should be seriously considered …

Search Engine Liability For Autocomplete Defamation: Combating The Power Of Suggestion, Michael L. Smith

Faculty Articles

In September 2012, Bettina Wulff, a former first lady of Germany, sued Google for defamation. Mrs. Wulff's complaint arose from Google's autocomplete function: when Mrs. Wulff's name was entered into the search engine, the search engine automatically suggested terms such as "prostitute" and "red light district." Rumors that Mrs. Wulff was a former prostitute dated back to 2006 when she first met Christian Wulff, her eventual husband and president of Germany from 2010 until his resignation in February 2012. Mrs. Wulff denied the truth of these rumors.

Mrs. Wulff contended that these autocomplete results were defamatory and that they caused …

Informal Deference: A Historical, Empirical, And Normative Analysis Of Patent Claim Construction, Jonas Anderson, Peter S. Menell

Articles in Law Reviews & Other Academic Journals

Patent scope plays a central role in the operation of the patent system, making patent claim construction a critical aspect of just about every patent litigation. With the resurgence of patent jury trials in the 1980s, the allocation of responsibility for interpreting patent claims between trial judge and jury emerged as a salient issue. While the Supreme Court’s Markman decision usefully removed claim construction from the black box of jury deliberations notwithstanding its "mongrel" mixed fact/law character, the Federal Circuit's adherence to the view that claim construction is a pure question of law subject to de novo appellate review produced …

International Law Weekend, American Branch Of The International Law Association Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Contract And Innovation: The Limited Role Of Generalist Courts In The Evolution Of Novel Contractual Forms, Ronald J. Gilson, Charles F. Sabel, Robert E. Scott

Faculty Scholarship

In developing a contractual response to changes in the economic environment, parties choose the method by which their innovation will be adapted to the particulars of their context. These choices are driven centrally by the thickness of the relevant market – the number of actors who see themselves as facing similar circumstances – and the uncertainty related to that market. In turn, the parties' choice of method will shape how generalist courts can best support the parties' innovation and the novel regimes they envision. In this Article, we argue that contractual innovation does not come to courts incrementally, but instead …

Complexity In Property, Meredith M. Render

Tennessee Law Review

This Article illuminates the largely misunderstood relationship between complexity and the regulation of property interests. Specifically, the Article presents the "complexity thesis" -a novel explanatory account of the principle of numerus clausus. The principle of numerus clausus is an ancient common law rule that prohibits the customization of property interests. The complexity thesis holds that the primary function of numerus clausus is to prevent the proliferation of highly idiosyncratic property interests. In so doing, numerus clausus provides a bulkhead against the overwhelming complexity that would ensue if customized property interests were permitted.

For the last fifteen years, numerus clausus has …

Intellectual Property Law - Copyright Law - Applicability Of "First Sale" Doctrine To Copies Of Copyrighted Works Lawfully Produced Abroad, Mitchell Ashkenaz

Tennessee Law Review

No abstract provided.

Issue 2: Table Of Contents

University of Richmond Law Review

No abstract provided.

The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley

Vanderbilt Law School Faculty Publications

Professor Haley is an outstanding international and comparative law scholars, widely credited with having popularized Japanese legal studies in the United States. In 1969, Haley received a fellowship from the University of Washington and was in one of the first classes to graduate from the Asian Law Program, now, the Asian Law Center. After working for several years in law firms in Japan, he joined the law faculty at the University of Washington, where he remained for nearly twenty-six years during which time he directed the Asian and Comparative Law Program. In June 2012, Professor Haley was awarded The Order …

Reconceputualising Security Strategies For Courts: Developing A Typology For Safer Court Environments, Anne Wallace, Deborah Blackman, Emma Rowden

Research outputs 2013

There have been heightened concerns about security in courts in recent years, prompting a strong response that has largely been focused on perimeter security. This paper draws on recent research conducted in Australian on court user’s safety needs, to propose a typology for designing safer courtroom environments that moves beyond the entry point to the court, and incorporates consideration of process and design elements.

Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.