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Full-Text Articles in Law

Judicial Fidelity, Caprice L. Roberts Jan 2024

Judicial Fidelity, Caprice L. Roberts

Pepperdine Law Review

Judicial critics abound. Some say the rule of law is dead across all three branches of government. Four are dead if you count the media as the fourth estate. All are in trouble, even if one approves of each branch’s headlines, but none of them are dead. Not yet. Pundits and scholars see the latest term of the Supreme Court as clear evidence of partisan politics and unbridled power. They decry an upheaval of laws and norms demonstrating the dire situation across the federal judiciary. Democracy is not dead even when the Court issues opinions that overturn precedent, upends long-standing …


An Unconstitutional Band-Aid: The Practice Of Sitting By Designation In The Federal Judiciary, Michaela Conley Jan 2024

An Unconstitutional Band-Aid: The Practice Of Sitting By Designation In The Federal Judiciary, Michaela Conley

Roger Williams University Law Review

No abstract provided.


A Survey Of The Literature On Federal Appellate Practice And Procedure, Thomas E. Baker Jan 2023

A Survey Of The Literature On Federal Appellate Practice And Procedure, Thomas E. Baker

FIU Law Review

This is a survey of the literature related to appellate practice and procedure before the United States Courts of Appeals for the benefit of lawyers and judges and scholars. It is reproduced with permission from THOMAS E. BAKER, A PRIMER ON THE JURISDICTION OF THE U.S. COURTS OF APPEALS (Fed. Jud. Ctr. 3d ed. 2023) available at: https://www.fjc.gov/content/379899/primer-jurisdiction-us-courts-appeals-third-edition). This origin explains the scattered references in the entries to “this Primer.”


Navigating Beyond The Lodestar: Borrowing The Federal Sentencing Guidelines To Provide Fee-Shifting Predictability, Matthew Ahn Dec 2022

Navigating Beyond The Lodestar: Borrowing The Federal Sentencing Guidelines To Provide Fee-Shifting Predictability, Matthew Ahn

Dickinson Law Review (2017-Present)

The lodestar has been the dominant calculation method for fee-shifting awards for nearly 40 years. But the lodestar has numerous persistent issues: it leads to extra litigation and judicial effort, it results in highly variable fee awards, and it incentivizes plaintiffs’ attorneys to bill extravagantly and reject settlement. This Article argues that these issues with the lodestar, along with many others, result from a mismatch between the lodestar and the purpose of the underlying fee-shifting statutes, which is to encourage attorneys to bring suits that would not normally be economically viable. Encouraging attorneys to do so requires the fee awards …


Freeze-Frames And Blanket Bans: The Unconstitutionality Of Prisons’ Denial Of Gender Confirmation Surgery To Transgender Inmates, Aranda Stathers Dec 2022

Freeze-Frames And Blanket Bans: The Unconstitutionality Of Prisons’ Denial Of Gender Confirmation Surgery To Transgender Inmates, Aranda Stathers

Dickinson Law Review (2017-Present)

It is long established that the Eighth Amendment’s prohibition against imposing cruel and unusual punishments requires prisons to adequately address their inmates’ medical needs. Inmates identifying with the LGBTQ+ community are not exempt from this constitutional mandate. Trans inmates with gender dysphoria require specific treatment, including, but not limited to, gender confirmation surgery. While courts acknowledge that prisons owe a duty to provide some transition-related care, the extent of that duty remains contested. With no guidance from Congress or the Supreme Court, the constitutionality of prisons’ denial of gender confirmation surgery is in the hands of the circuit courts, which …


When Interpretive Communities Clash On Immigration Law: The Courts’ Mediating Role In Noncitizens’ Rights And Remedies, Peter Margulies Jan 2022

When Interpretive Communities Clash On Immigration Law: The Courts’ Mediating Role In Noncitizens’ Rights And Remedies, Peter Margulies

Touro Law Review

Immigration law gains clarity through the lens of Robert Cover's compelling work on law as a "system of meaning." Cover's vision inspires us to consider immigration law as a contest between two interpretive communities: acolytes of the protective approach, which sees law as a haven for noncitizens fleeing harm in their home countries, and followers of the regulatory approach, which stresses sovereignty and strict adherence to legal categories. Immigration law's contest between contending camps need not be a zero-sum game. As Cover and Alex Aleinikoff observed in their classic article on habeas corpus, a legal remedy can also be a …


Manufacturing Sovereign State Mootness, Daniel Bruce Oct 2021

Manufacturing Sovereign State Mootness, Daniel Bruce

William & Mary Law Review

The idea that public defendants should receive any special treatment in the mootness context has been subject to intense criticism among commentators. Most notably, in the lead-up to the New York Rifle decision, Joseph Davis and Nicholas Reaves—two prominent First Amendment litigators from the Becket Fund for Religious Liberty—urged the Supreme Court to take the opportunity to correct the lower courts’ practice of blessing government abuse of the voluntary cessation doctrine. Indeed, the Supreme Court has never adopted a presumption in favor of government defendants such as the one applied by the Seventh Circuit in Killeen, and it failed to …


Table Of Contents, Seattle University Law Review Jan 2021

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents and Special Thanks.


Concepts, Not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions, And Precedent, Howard M. Wasserman Jan 2020

Concepts, Not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions, And Precedent, Howard M. Wasserman

University of Colorado Law Review

No abstract provided.


The Federal Courts’ Rulemaking Buffer, Jordan M. Singer May 2019

The Federal Courts’ Rulemaking Buffer, Jordan M. Singer

William & Mary Law Review

Procedural rulemaking is often thought of as a second-order task for the federal court system, relevant to the courts’ work but not essential to their function. In reality, rulemaking plays an integral role in the court system’s operation by actively insulating the courts from environmental pressure. This Article explains how power over procedural rulemaking protects the federal courts from environmental uncertainty and describes the court system’s efforts to maintain the effectiveness of the rulemaking buffer in response to historical and contemporary challenges.


Our Prescriptive Judicial Power: Constitutive And Entrenchment Effects Of Historical Practice In Federal Courts Law, Ernest A. Young Nov 2016

Our Prescriptive Judicial Power: Constitutive And Entrenchment Effects Of Historical Practice In Federal Courts Law, Ernest A. Young

William & Mary Law Review

Scholars examining the use of historical practice in constitutional adjudication have focused on a few high-profile separation of powers disputes, such as the recent decisions in NLRB v. Noel Canning and Zivotofsky v. Kerry. This Article argues that “big cases make bad theory”—that the focus on high-profile cases of this type distorts our understanding of how historical practice figures into constitutional adjudication more generally. I shift focus here to the more prosaic terrain of federal courts law, where practice plays a pervasive role. That shift reveals two important insights: First, while historical practice plays an important constitutive role structuring and …


Is The “Arising Under” Jurisdictional Grant In Article Iii Self-Executing?, David R. Dow Oct 2016

Is The “Arising Under” Jurisdictional Grant In Article Iii Self-Executing?, David R. Dow

William & Mary Bill of Rights Journal

No abstract provided.


Premodern Constitutionalism, Martin H. Redish, Matthew Heins Apr 2016

Premodern Constitutionalism, Martin H. Redish, Matthew Heins

William & Mary Law Review

The traditional concept of American constitutionalism has long been a basic assumption not subject to tremendous examination. For generations, scholars have understood our Constitution to be the byproduct of a revolutionary war fought for representation and a foundinggeneration concernedwith preventingtyranny in any form. The traditional understandingof American constitutionalism thus consists of two elements: the underlyingprinciple of skeptical optimism, which can be found in the historical context within which the Framers gathered to draft the Constitution, and the political apparatus effectuating that idea— countermajoritarian constraint set against majoritarian power— which reveals itself through reverse engineeringfrom the structural Constitution.

Over the last …


Habeas Corpus Petitions In Federal And Tribal Courts: A Search For Individualized Justice, Carrie E. Garrow Oct 2015

Habeas Corpus Petitions In Federal And Tribal Courts: A Search For Individualized Justice, Carrie E. Garrow

William & Mary Bill of Rights Journal

No abstract provided.


Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet Jul 2012

Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet

Pepperdine Law Review

No abstract provided.


An Article I Theory Of The Inherent Powers Of The Federal Courts, Benjamin H. Barton Jan 2011

An Article I Theory Of The Inherent Powers Of The Federal Courts, Benjamin H. Barton

Catholic University Law Review

No abstract provided.


The Expanding Importance Of Temporary Physical Takings: Some Unresolved Issues And An Opportunity For New Directions In Takings Law, Dennis H. Long Oct 1997

The Expanding Importance Of Temporary Physical Takings: Some Unresolved Issues And An Opportunity For New Directions In Takings Law, Dennis H. Long

Indiana Law Journal

No abstract provided.


The Impact Of Substantive Interests On The Law Of Federal Courts, Michael Wells Apr 1989

The Impact Of Substantive Interests On The Law Of Federal Courts, Michael Wells

William & Mary Law Review

No abstract provided.


Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein Jan 1979

Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein

Villanova Law Review

No abstract provided.


Constitutional Law - State Action - State's Statutory Delegation Of Governmental Power To Creditor And Expansion Of His Common Law Remedies Held Sufficient State Action To Subject Creditor's Action To Fourteenth Amendment, Peter John Michael Rohall Jan 1978

Constitutional Law - State Action - State's Statutory Delegation Of Governmental Power To Creditor And Expansion Of His Common Law Remedies Held Sufficient State Action To Subject Creditor's Action To Fourteenth Amendment, Peter John Michael Rohall

Villanova Law Review

No abstract provided.


An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol Jan 1977

An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1976

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


Federal Practice And Procedure, Martin J. Kane Jan 1976

Federal Practice And Procedure, Martin J. Kane

Villanova Law Review

No abstract provided.


Constitutional Law - Standing - The Zone Of Interest Test Of Data Processing Held Inapplicable To Plaintiff's Standing In A Suit Between Private Parties, Michael S. Burg Jan 1974

Constitutional Law - Standing - The Zone Of Interest Test Of Data Processing Held Inapplicable To Plaintiff's Standing In A Suit Between Private Parties, Michael S. Burg

Villanova Law Review

No abstract provided.


Constitutional Law - Eleventh Amendment - No Waiver Of Sovereign Immunity Implied From State's Entrance Into A Federally Regulated Area Unless There Exists An Express Private Right Of Action Against The State, Anthony A. Desabato Jan 1974

Constitutional Law - Eleventh Amendment - No Waiver Of Sovereign Immunity Implied From State's Entrance Into A Federally Regulated Area Unless There Exists An Express Private Right Of Action Against The State, Anthony A. Desabato

Villanova Law Review

No abstract provided.


The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby Jan 1973

The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby

Villanova Law Review

No abstract provided.


Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander Jan 1970

Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1969

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


The Proper Standard For Directed Verdicts In The Federal Courts: The Influences Of The Seventh Amendment And The Erie Doctrine, Ward T. Williams Jan 1969

The Proper Standard For Directed Verdicts In The Federal Courts: The Influences Of The Seventh Amendment And The Erie Doctrine, Ward T. Williams

Villanova Law Review

No abstract provided.


The Effect Of The First Amendment On Federal Control Of Draft Protests, Frederick C. Moss Jan 1968

The Effect Of The First Amendment On Federal Control Of Draft Protests, Frederick C. Moss

Villanova Law Review

No abstract provided.