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Articles 31 - 60 of 129
Full-Text Articles in Law
Suggestions For Circuit Court Review Of Local Procedures, Carl Tobias
Suggestions For Circuit Court Review Of Local Procedures, Carl Tobias
Washington and Lee Law Review
No abstract provided.
The Fragmentation Of Federal Rules, Erwin Chemerinsky, Barry Friedman
The Fragmentation Of Federal Rules, Erwin Chemerinsky, Barry Friedman
Mercer Law Review
In 1938, the Federal Rules of Civil Procedure were adopted. Their adoption represented a triumph of uniformity over localism. The lengthy debate that prefaced the adoption of the rules focused upon the value of a national set of rules, as opposed to the then-governing practice of "conformity," in which local federal practice mirrored that of the state in which the federal courts sat. Although many different arguments were offered in favor of the federal rules, at bottom the rules' proponents carried the day by arguing that procedure ought to be the same across the federal courts and the cases those …
United Mine Workers V. Bagwell: The Civil/Criminal Indirect Contempt Fine Distinction Revisited, Franklin P. Brannen Jr.
United Mine Workers V. Bagwell: The Civil/Criminal Indirect Contempt Fine Distinction Revisited, Franklin P. Brannen Jr.
Mercer Law Review
United Mine Workers v. Bagwell involves the imposition of indirect contempt fines stemming from a labor dispute in Virginia. In April 1989, respondents Clinchfield Coal and Sea "B" Mining Companies filed suit to enjoin petitioner International Union, United Mine Workers of America from conducting unlawful strike activities. The trial court entered an injunction that prohibited the union and its members from undertaking illegal strike-related activities. In subsequent hearings, the court imposed over $64,000,000 in fines. The trial court required that the companies prove violations of the injunction beyond a reasonable doubt but did not afford the union the right to …
Introduction To Mercer Law Review Symposium On Federal Judicial Independence, L. Ralph Mecham
Introduction To Mercer Law Review Symposium On Federal Judicial Independence, L. Ralph Mecham
Mercer Law Review
No abstract provided.
Congress And The Courts: Establishing A Constructive Dialogue, Orrin G. Hatch
Congress And The Courts: Establishing A Constructive Dialogue, Orrin G. Hatch
Mercer Law Review
The topic of federal judicial independence is an amorphous one, and Professor Redish's fine contribution to this symposium provides meaningful shape and structure to this topic. I will leave it largely to the academics to debate the many theoretical questions raised by Professor Redish. At the outset, I would simply like to offer a few observations on the four categories into which Professor Redish subdivides the concept of federal judicial independence.
I agree with Professor Redish that what he labels "institutional" independence, "decisional" independence, and "counter-majoritarian" independence identify those basic respects in which the Constitution guarantees the federal courts protections …
Judicial Power And The Rules Enabling Act, Linda S. Mullenix
Judicial Power And The Rules Enabling Act, Linda S. Mullenix
Mercer Law Review
Congress undermines and erodes judicial power when it imperially declares and exercises an exclusive right to enact federal procedural rules. Thus, congressional intrusion into federal procedural rulemaking is the most significant contemporary issue of judicial independence. The proper province of procedural rulemaking is no mere pointillist academic quibble, but rather an issue that runs to the core of judicial power. A judiciary that cannot create its own procedural rules is not an independent judiciary Moreover, a judiciary that constitutionally and statutorily is entitled to create its own procedural rules, but must perform that function under a constant cloud of congressional …
Transfer And Choice Of Federal Law: The Appellate Model, Robert A. Ragazzo
Transfer And Choice Of Federal Law: The Appellate Model, Robert A. Ragazzo
Michigan Law Review
In light of recent developments, a reexamination of the position that transferee federal law applies regardless of the context is in order. This article argues that the consensus that existed prior to the Marcus article and the Korean Air Lines case, although not based upon the most thorough analysis, comprises the better view: transferee federal law should apply after permanent but not MDL transfers.
L. Ralph Mecham: A Tribute L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress, Richard S. Arnold
L. Ralph Mecham: A Tribute L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress, Richard S. Arnold
American University Law Review
No abstract provided.
History Of The Federal Judiciary's Automation Program, The L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , J. Owen Forrester
History Of The Federal Judiciary's Automation Program, The L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , J. Owen Forrester
American University Law Review
No abstract provided.
Judges And Legislators: Enhancing The Relationship L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Deanell Reece Tacha
Judges And Legislators: Enhancing The Relationship L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Deanell Reece Tacha
American University Law Review
No abstract provided.
Criminal Caseload In U.S. District Courts: More Than Meets The Eye L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , David L. Cook, Steven R. Schlesinger, Thomas J. Bak, William T. Rule
Criminal Caseload In U.S. District Courts: More Than Meets The Eye L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , David L. Cook, Steven R. Schlesinger, Thomas J. Bak, William T. Rule
American University Law Review
No abstract provided.
Long Range Planning: A Reality In The Judicial Branch L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Richard B. Hoffman, William M. Lucianovic
Long Range Planning: A Reality In The Judicial Branch L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Richard B. Hoffman, William M. Lucianovic
American University Law Review
No abstract provided.
Renewal Of The Federal Rulemaking Process L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Peter G. Mccabe
Renewal Of The Federal Rulemaking Process L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Peter G. Mccabe
American University Law Review
No abstract provided.
Study In Contrasts: The Ability Of The Federal Judiciary To Change Its Adjudicative And Administrative Structures, A L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Charles W. Nihan
American University Law Review
No abstract provided.
Introduction A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Glenn L. Archer, Jr.
Introduction A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Glenn L. Archer, Jr.
American University Law Review
No abstract provided.
Survey Of Government Contract Cases Decided By The United States Court Of Appeals For The Federal Circuit In 1994, A A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court: Area Summaries , David R. Johnson, Diana G. Richard, David A. Levine, James C. Dougherty
Survey Of Government Contract Cases Decided By The United States Court Of Appeals For The Federal Circuit In 1994, A A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court: Area Summaries , David R. Johnson, Diana G. Richard, David A. Levine, James C. Dougherty
American University Law Review
No abstract provided.
Tax Cases Of The Federal Circuit In 1994 A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Janet Spragens
Tax Cases Of The Federal Circuit In 1994 A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Janet Spragens
American University Law Review
No abstract provided.
Closer Look At Waters V. Churchill And United States V. National Treasury Employees Union: Constitutional Tensions Between The Government As Employer And The Citizen As Federal Employee, A A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Charles W. Hemingway
American University Law Review
No abstract provided.
New Rules For Old Problems: Defining The Contours Of The Best Mode Requirement In Patent Law A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Roy E. Hofer, L. Ann Fitzgerald
New Rules For Old Problems: Defining The Contours Of The Best Mode Requirement In Patent Law A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Roy E. Hofer, L. Ann Fitzgerald
American University Law Review
No abstract provided.
Playing The Zone And Controlling The Board: The Emerging Jurisdictional Consensus And The Court Of International Trade A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Scott H. Segal, Stephen J. Orava
Playing The Zone And Controlling The Board: The Emerging Jurisdictional Consensus And The Court Of International Trade A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Scott H. Segal, Stephen J. Orava
American University Law Review
No abstract provided.
Pushing The Envelope Of The Regulation S Safe Harbors A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Julie L. Kaplan
Pushing The Envelope Of The Regulation S Safe Harbors A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Julie L. Kaplan
American University Law Review
No abstract provided.
The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy
The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy
University of Michigan Journal of Law Reform
This Note discusses the quid pro quo requirement under the Hobbs Act, a federal criminal statute which applies to bribery by public officials. The author first describes two recent decisions by the Supreme Court, McCormick v. United States and Evans v. United States, which established slightly different versions of a quid pro quo requirement in public corruption prosecutions under the Hobbs Act. The author then explains that the lower federal courts interpreting McCormick and Evans have molded the quid pro quo requirement so that a prosecutor must prove in all public corruption cases under the Hobbs Act that the …
Diluting Justice On Appeal?: An Examination Of The Use Of District Court Judges Sitting By Designation On The United States Courts Of Appeals, Richard B. Saphire, Michael E. Solimine
Diluting Justice On Appeal?: An Examination Of The Use Of District Court Judges Sitting By Designation On The United States Courts Of Appeals, Richard B. Saphire, Michael E. Solimine
University of Michigan Journal of Law Reform
According to a number of studies and commentators, a serious caseload crisis faces the federal courts. With respect to the federal courts of appeals, some have called for drastic remedial measures. Until Congress responds, the courts of appeals have been forced to adopt a range of coping measures. In this article, Professors Saphire and Solimine examine one of these measures, the utilization of designated district court judges on appellate panels. After discussing the origins and extent of this practice, they identify a number of problems it raises. They argue that extensive and routine utilization of district judges on appellate panels …
A Human Rights Exception To Sovereign Immunity: Some Thoughts On Princz V. Federal Republic Of Germany, Mathias Reimann
A Human Rights Exception To Sovereign Immunity: Some Thoughts On Princz V. Federal Republic Of Germany, Mathias Reimann
Michigan Journal of International Law
Though narrow in scope, this article is emphatic in its message. It is time to deny immunity to foreign sovereigns for torture, genocide, or enslavement, at least when they are sued by Americans in American courts. Such a denial would be consonant with two developments that have marked international law since World War II: the restriction of sovereign immunity and the expansion of human rights protection.
Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann
Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann
Michigan Journal of International Law
The scope of this article, like the one to which it responds, is limited. It does not purport to resolve any question relating to the municipal law of the United States, such as the interpretation of the Foreign Sovereign Immunities Act. Instead, it considers the problem from a purely international law perspective. Furthermore, it does not indulge in a complete description of attempts made by the Federal Republic of Germany to pay compensation - as far as feasible - for all the blatant human rights violations committed by Nazi Germany in the period 1933-1945.
New Formula For Peremptory Challenges: Xx=Xy, Susan Y. Soong
New Formula For Peremptory Challenges: Xx=Xy, Susan Y. Soong
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
National Organization For Women, Etc., Et. Al. V. Joseph Scheidler, 114 S. Ct. 78 (1994), Marianne Mariano
National Organization For Women, Etc., Et. Al. V. Joseph Scheidler, 114 S. Ct. 78 (1994), Marianne Mariano
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
Loyalty, Gratitude, And The Federal Judiciary , Laura E. Little
Loyalty, Gratitude, And The Federal Judiciary , Laura E. Little
American University Law Review
No abstract provided.
Some Introductory Thoughts L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress, William H. Rehnquist
Some Introductory Thoughts L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress, William H. Rehnquist
American University Law Review
No abstract provided.
Thinking About Judgeships L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , A. Leo Levin, Michael E. Kunz
Thinking About Judgeships L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , A. Leo Levin, Michael E. Kunz
American University Law Review
No abstract provided.