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What Do We Mean By An Independent Judiciary, Michael P. Seng 2010 The John Marshall Law School

What Do We Mean By An Independent Judiciary, Michael P. Seng

Michael P. Seng

Judicial independence has roots in separation of powers and in ethical standards that require judges to be competent and impartial. Judicial independence depends upon society having faith in the integrity of the courts. Accountability is thus the handmaid of an independent judiciary. This article defines both the structure and the ethical standards that insure an independent judiciary.


How The European Union's Legal System Works - And Does Not Work: Response To Carruba, Gabel, And Hankla, Alec Stone Sweet 2010 Yale Law School

How The European Union's Legal System Works - And Does Not Work: Response To Carruba, Gabel, And Hankla, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


No Place To Hide: First Amendment Protection For Geolocation Privacy, Theodore F. Claypoole 2010 SelectedWorks

No Place To Hide: First Amendment Protection For Geolocation Privacy, Theodore F. Claypoole

Theodore F Claypoole

The article analyzes the conflict between established Constitutional rights and evaporating privacy, by exploring technological changes that threaten anonymity and examining the First Amendment rights to be anonymous in association and speech.


The Mayor’S Responsibility To Protect Chicago Residents: Chicago Residents 89 Year-Old Andri Jakymec (Who Suffers With Alzheimer's Disease) And His 84 Year-Old Wife Subject To A Raid By The Cook County Sheriff’S Department, Christopher C. Cooper Dr. 2010 LAW OFFICE OF CHRISTOPHER COOPER, INC.

The Mayor’S Responsibility To Protect Chicago Residents: Chicago Residents 89 Year-Old Andri Jakymec (Who Suffers With Alzheimer's Disease) And His 84 Year-Old Wife Subject To A Raid By The Cook County Sheriff’S Department, Christopher C. Cooper Dr.

Christopher C. Cooper Dr.

On late evening of October 7, 2010, in the 5600 block of South Kilbourn Street, Chicago, 89 year-old Andri Jakymec (who suffers with Alzheimer's disease) and his 84 year-old wife were confronted by members if the Cook County Sheriffs Department who were looking for drugs. These officers entered the city of Chicago to raid the Jakymec home. They used a battering ram to knock down the front door of the home. Once they gained entry, an officer threw a grenade (it was either a flash grenade of percussion grenade). Witnesses say the officers were there for over 45 minutes ...


Iowa Floods Of 2010: A Guide To Handling Damaged Or Contaminated Grain, Erin Herbold 2010 Iowa State University

Iowa Floods Of 2010: A Guide To Handling Damaged Or Contaminated Grain, Erin Herbold

Integrated Crop Management News

In an article posted October 7 on the Center of Agricultural Law and Taxation (CALT) website, staff attorney Erin Herbold outlines the legal background and details of the statement made by the Iowa Department of Agricultural and Land Stewardship (IDALS) regarding the harvest of flood-damaged grain in Iowa.


Derecho Y Eficiencia Económica, Fernando Castillo Cadena 2010 Pontificia Universidad Javeriana

Derecho Y Eficiencia Económica, Fernando Castillo Cadena

Fernando Castillo Cadena

No abstract provided.


Warren County, Kentucky - Wills (Mss 54), Manuscripts & Folklife Archives 2010 Western Kentucky University

Warren County, Kentucky - Wills (Mss 54), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 54. Original wills, made mostly in Warren County, Kentucky from 1798-1881, but including wills made elsewhere. Also includes some legal documents relating to wills. A name index is included in the finding aid. The is only a small portion of the original wills filed at the Warren County courthouse form 1798 to 1915.


Criminal Defense Lawyers Need Broad Knowledge, Timothy O'Neill 2010 John Marshall Law School

Criminal Defense Lawyers Need Broad Knowledge, Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


Erle Stanley Gardner, Perry Mason And The Court Of Last Resort, Malinda Seymore 2010 Texas A&M University School of Law

Erle Stanley Gardner, Perry Mason And The Court Of Last Resort, Malinda Seymore

Malinda L. Seymore

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República E Monarquia: Desfazendo Confusões, Paulo Ferreira da Cunha 2010 Universidade do Porto

República E Monarquia: Desfazendo Confusões, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Há pelo menos três sentidos essencias da palavra República... Se os confundirmos, estamos perdidos, nunca nos entenderemos. O sentido mais profícuo é o material ou substancial e intermédio: nem o que diz que todas as sociedades políticas o são (sentido hoje quase esquecido), nem o que identifica formalmente as repúblicas com todas as sociedades que não têm rei, sem lhes verificar requisitos éticos. Há um "quid" especial nas Repúblicas para quem é republicano. E que não tem nada a ver com o que nelas vêem os monárquicos ou os indiferentes (?)...


Kazarian V. United States Citizenship And Immigration Services: Clarifying “Extraordinary Ability” Visa Qualifications, Jaimie Bombard 2010 Golden Gate University School of Law

Kazarian V. United States Citizenship And Immigration Services: Clarifying “Extraordinary Ability” Visa Qualifications, Jaimie Bombard

Golden Gate University Law Review

In 2007, Dr. Poghos Kazarian appealed the United States Citizenship and Immigration Service’s denial of his application for an “extraordinary ability” visa. Prior to Kazarian v. US Citizenship & Immigration Services, the Ninth Circuit had never addressed the issue of how the statutory and regulatory requirements for the “extraordinary ability” visa should be interpreted. The Kazarian court determined that the regulations outlining the evidence sufficient to qualify for the “extraordinary ability” classification were extremely restrictive. The court then concluded that, since Dr. Kazarian had presented only two of the three types of evidence required to meet the eligibility criteria, the ...


What's The Deference?: United States V. Hinkson Outlines A New Test For “Abuse Of Discretion”, William B. Jones 2010 Golden Gate University School of Law

What's The Deference?: United States V. Hinkson Outlines A New Test For “Abuse Of Discretion”, William B. Jones

Golden Gate University Law Review

Prior to United States v. Hinkson, under the prevailing analysis used to determine whether the trial court had engaged in an “abuse of discretion,” there was arguably “no effective limit” on an appellate court’s power to substitute its own judgment for that of the district court. Rather, it was left to the appellate panel to decide whether it had a “definite and firm conviction that [a] mistake [had] been committed,” or whether a trial court’s factual finding was even “permissible.” But in Hinkson, an en banc panel of the Ninth Circuit took the opportunity to elaborate on the ...


Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm 2010 Golden Gate University School of Law

Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm

Golden Gate University Law Review

United States Immigration and Customs Enforcement (ICE) chooses to keep many immigrants incarcerated while they await the results of their hearings before immigration judges, appeals to the Board of Immigration Appeals (BIA), or second appeals to the federal courts of appeals. Starting with Zadvydas v. Davis in 2001, federal courts have been facing the question of whether such lengthy detentions are permissible under either the Immigration and Nationality Act (INA) or the U.S. Constitution. The U.S. Supreme Court in Zadvydas held that indefinite detention “would raise serious constitutional concerns” and decided to construe the prolonged-detention statute at issue ...


“When Can I Tase Him, Bro?”: Bryan V. Mcpherson And The Propriety Of Police Use Of Tasers, Sam W. Wu 2010 Golden Gate University School of Law

“When Can I Tase Him, Bro?”: Bryan V. Mcpherson And The Propriety Of Police Use Of Tasers, Sam W. Wu

Golden Gate University Law Review

This Case Summary begins by detailing the factual and procedural history of Bryan. Next, it outlines the “reasonable use of force” analysis of the Ninth Circuit as applied to Tasers. Finally, it concludes by briefly discussing the broad implications of Bryan, both for law enforcement and for every individual who may someday find himself or herself facing a police officer armed with a Taser.


Limits Of The Inevitable Discovery Doctrine In United States V. Young: The Intersection Of Private Security Guards, Hotel Guests, And The Fourth Amendment, Lauren Young Epstein 2010 Golden Gate University School of Law

Limits Of The Inevitable Discovery Doctrine In United States V. Young: The Intersection Of Private Security Guards, Hotel Guests, And The Fourth Amendment, Lauren Young Epstein

Golden Gate University Law Review

This Note analyzes the Young court’s opinion and the potential consequences of the majority’s cursory rejection of the government’s inevitable discovery argument. This Note also reconciles the differing applications of the inevitable discovery doctrine by the Young majority and dissent and highlights the speculative nature of employing the inevitable discovery doctrine based on the facts of Young. Part I of this Note presents the background of the case and the historical development of Fourth Amendment jurisprudence, focusing on the inevitable discovery doctrine as articulated by the Supreme Court in Nix v. Williams. Part II outlines the Young ...


United States V. Payton: Redefining The Reasonableness Standard For Computer Searches And Seizures, Susan A. Rados 2010 Golden Gate University School of Law

United States V. Payton: Redefining The Reasonableness Standard For Computer Searches And Seizures, Susan A. Rados

Golden Gate University Law Review

This Note examines United States v. Payton and the issue of when it is reasonable to search a computer if it is not expressly authorized on the search warrant. Part I discusses the background facts of Payton and the Fourth Amendment. Part II analyzes why the Ninth Circuit ultimately decided Payton correctly but focused on the wrong underlying reason in its holding. The reasonableness standard for computer searches should be whether the computer “could” contain the evidence, rather than the stricter standard of “would” contain the evidence announced in Payton. However, because computers are different from traditional containers, they should ...


Judges Of The Ninth Circuit, 2010 Golden Gate University School of Law

Judges Of The Ninth Circuit

Golden Gate University Law Review

No abstract provided.


When Children Suffer: The Failure Of U.S. Immigration Law To Provide Practical Protection For Persecuted Children, Lisete M. Melo 2010 Golden Gate University School of Law

When Children Suffer: The Failure Of U.S. Immigration Law To Provide Practical Protection For Persecuted Children, Lisete M. Melo

Golden Gate University Law Review

This Comment focuses on the need for statutory change in order to address the policy concerns of family unity and to protect asylee children. Part I looks at how the current state of immigration law stands in relation to derivative asylum claims. Part II examines how courts have interpreted current asylum law and the inconsistency and shortcomings of such judicial interpretations. Part III examines policy concerns associated with the child-parent derivative asylum issue, specifically family unity and practical child protection. Finally, Part IV makes two recommendations: 1) legislative change to current asylum law to allow derivative relief for parents of ...


Adjusting The Asylum Bar: Neguise V. Holder And The Need To Incorporate A Defense Of Duress Into The "Persecutor Bar", Melani Johns 2010 Golden Gate University School of Law

Adjusting The Asylum Bar: Neguise V. Holder And The Need To Incorporate A Defense Of Duress Into The "Persecutor Bar", Melani Johns

Golden Gate University Law Review

This Comment explores the different interpretations of the "persecutor bar" among the circuits and proposes an exception for those who have persecuted others while under duress. Part I begins with the background and policy reasons behind the establishment of the persecutor bar, including the split in the courts as to how to interpret it and whether to allow the defense of duress. Part II focuses on Justice Scalia's concurring opinion in Negusie v. Holder, which summarizes and explains the arguments supporting an absolute persecutor bar. Justice Scalia posited that duress is not a defense against harming others, that asylum ...


Considering Affective Consideration, Hila Keren 2010 Golden Gate University School of Law

Considering Affective Consideration, Hila Keren

Golden Gate University Law Review

Focusing on the interaction of law and emotions, this Article unfolds in three parts. Part I illuminates the connection between the affective background of donative promises and their modem unenforceability. It hypothesizes that rejecting promises that are not supported by consideration can be seen as an effort to distance law from any association with irrational decisionmaking and to disassociate it from "emotional" spheres. Part II seeks to correct the erroneous way affective giving has been perceived by law in the gifts context. The law must carefully analyze each relevant emotion concretely and separately, rather than treating emotion as an undifferentiated ...


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