Affirming Firm Sanctions: The Authority To Sanction Law Firms Under 28 U.S.C. § 1927, 2017 Fordham University School of Law
Affirming Firm Sanctions: The Authority To Sanction Law Firms Under 28 U.S.C. § 1927, Vincent J. Margiotta
Fordham Law Review
A circuit split exists as to whether 28 U.S.C. § 1927 allows for an award of sanctions against nonattorneys or nonrepresentatives. Five federal courts of appeals—the Second, Third, Eighth, Eleventh, and the District of Columbia Circuits—hold that, to further the purpose of 28 U.S.C. § 1927, courts have the authority to sanction a law firm for the conduct of its attorneys, in addition to the authority to sanction individual officers of the court. The Sixth, Seventh, and Ninth Circuits disagree, concluding that the statute allows federal courts to sanction only individuals—“attorney[s] or other person ...
A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, 2017 University of Massachusetts Dartmouth School of Law
A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Dwight G. Duncan
There is a problem in our constitutional history: the problem of split Supreme Court decisions invalidating democratically enacted laws. From Dred Scott to Lochner to Roe v. Wade to Citizens United, and even the recent Second Amendment decisions of Heller and McDonald, these patently fallible decisions on controversial political and social issues have divided the nation, politicized the Court, poisoned the Supreme Court nomination process and thwarted the political branches and democratic governance. Requiring Supreme Court unanimity to overturn legislation on constitutional grounds would therefore be morally and politically desirable. Why that is so ...
Chevron In The Circuit Courts, 2017 University of Georgia School of Law
Chevron In The Circuit Courts, Kent Barnett, Christopher J. Walker
Michigan Law Review
This Article presents findings from the most comprehensive empirical study to date on how the federal courts of appeals have applied Chevrondeference— the doctrine under which courts defer to a federal agency’s reasonable interpretation of an ambiguous statute that it administers. Based on 1,558 agency interpretations the circuit courts reviewed from 2003 through 2013 (where they cited Chevron), we found that the circuit courts overall upheld 71% of interpretations and applied Chevrondeference 77% of the time. But there was nearly a twenty-five-percentage-point difference in agency-win rates when the circuit courts applied Chevrondeference than when they ...
The Work Of The Court Of Appeals For The Federal Circuit: An Unseen Influence, 2017 St. John's University School of Law
The Work Of The Court Of Appeals For The Federal Circuit: An Unseen Influence, The Honorable Howard T. Markey
The Catholic Lawyer
No abstract provided.
Rethinking Judicial Review Of High Volume Agency Adjudication, 2017 University of Pennsylvania Law School
Rethinking Judicial Review Of High Volume Agency Adjudication, Jonah B. Gelbach, David Marcus
Article III courts annually review thousands of decisions rendered by Social Security Administrative Law Judges, Immigration Judges, and other agency adjudicators who decide large numbers of cases in short periods of time. Federal judges can provide a claim for disability benefits or for immigration relief the sort of consideration that an agency buckling under the strain of enormous caseloads cannot. Judicial review thus seems to help legitimize systems of high volume agency adjudication. Even so, influential studies rooted in the gritty realities of this decision-making have concluded that the costs of judicial review outweigh whatever benefits the process creates.
Neil M. Gorsuch | Associate Justice Of The Supreme Court Of United States, 2017 Supreme Court of the United States
Neil M. Gorsuch | Associate Justice Of The Supreme Court Of United States, Neil M. Gorsuch
The John G. Heyburn II Initiative for Excellence in the Federal Judiciary
The Hon. Neil M. Gorsuch, Associate Justice of the Supreme Court of the United States, spent Thursday evening on the University of Kentucky campus. He spoke to University of Kentucky College of Law students as well as judges, lawyers and clerks from across Kentucky.
Justice Gorsuch was here as part of the John G. Heyburn II Initiative for Excellence in the Federal Judiciary.
“The Heyburn Initiative enhances the academic experience for our students by providing them with the opportunity to listen to, and engage with, some of our nation’s top leaders in law. The College of Law is one ...
The Pastor On The Witness Stand: Toward A Religious Privilege In The Courts, 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, 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, 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, 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, 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), 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, 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 ...
For Shame: When High-Profile Shaming Is The Only Way To Get Things Discussed And Done, 2017 Florida International University College of Law
For Shame: When High-Profile Shaming Is The Only Way To Get Things Discussed And Done, Kerri Lynn Stone
In recent years, the sports world has experienced a complex relationship with sex discrimination and bullying. On one hand, well-publicized incidents of bullying, domestic violence, discrimination, and abuse have operated to alienate players, teams, and leagues from many of their fans. In some cases, these incidents have even led to rehabilitative public relations campaigns to combat the damage done to their public image. On the other hand, the fact that so many high profile incidents have occurred in such a public, much-talked-about sphere has actually served to aerate and vet issues in the court of popular opinion that would otherwise ...
The Law And Politics Of The Charles Taylor Case, 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
No abstract provided.
Context At The International Criminal Court, 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, 2017 University of Pennsylvania Law School
Reasonable Patent Exhaustion, Herbert J. Hovenkamp
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 ...
Can A Court Change The Law By Saying Nothing?, 2017 Boston University School of Law
Can A Court Change The Law By Saying Nothing?, Paul Gugliuzza, Mark A. Lemley
Can an appellate court alter substantive law without writing an opinion? We attempt to answer that question by conducting a novel empirical investigation into how the Federal Circuit has implemented the Supreme Court’s 2014 ruling in Alice v. CLS Bank, the most recent in a series of Supreme Court decisions strengthening patent law’s patentable subject matter requirement. Our dataset includes each one of the Federal Circuit’s more than 100 decisions on patentable subject matter in the three years since Alice, including affirmances issued without an opinion under Federal Circuit Rule 36.
Including those no-opinion affirmances, the Federal ...
Arbitration In Wills And Trusts: From George Washington To An Uncertain Present, 2017 Tulane University School of Law
Arbitration In Wills And Trusts: From George Washington To An Uncertain Present, Edward F. Sherman
Arbitration Law Review
No abstract provided.