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Articles 31 - 60 of 267
Full-Text Articles in Law
The Supreme Common Law Court Of The United States, Jack M. Beermann
The Supreme Common Law Court Of The United States, Jack M. Beermann
Faculty Scholarship
The U.S. Supreme Court's primary role in the history of the United States, especially in constitutional cases (and cases hovering in the universe of the Constitution), has been to limit Congress's ability to redefine and redistribute rights in a direction most people would characterize as liberal. In other words, the Supreme Court, for most of the history of the United States since the adoption of the Constitution, has been a conservative force against change and redistribution. The Court has used five distinct devices to advance its control over the law. First, it has construed rights-creating constitutional provisions narrowly when those …
Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel
Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Extra-Legal Characteristics And Sentencing Disparity Among Federal Drug Offenders, Justin D. Galasso
Extra-Legal Characteristics And Sentencing Disparity Among Federal Drug Offenders, Justin D. Galasso
Sociology & Criminal Justice Theses & Dissertations
The development of the federal sentencing guidelines was made as an attempt to provide a uniform standard of sentencing procedure for defendants convicted within the federal legal system. Unfortunately, such unvarying policy has over the years birthed a system of sentencing that lacks equality among like defendants. The Supreme Court, in 2005, ruled that the sentencing guidelines were no longer to be compulsory during sentencing procedures, but rather act as an ancillary tool. The present study examines multiple legal and extra-legal variables and their influence on two aspects of imprisonment probability for federal drug offenders for the years of 1999-2006: …
Young People On Remand, Mairéad Seymour, Michelle Butler
Young People On Remand, Mairéad Seymour, Michelle Butler
Reports
The aim of this study is to examine the services and supports required by young people to promote greater compliance with the conditions of bail and reduce the use of detention on remand. The research addresses three main areas: • to establish the service and support needs of young people by investigating the circumstances of their life circumstances; • to examine the specific services and supports required by young people and their families during the remand process, in the courtroom and in the period between adjournments; • to address the issues and barriers to delivering services and supports to young …
Election Day Challenges To Polling Hours And The Judiciary's Cautious Response, Robert C. O'Brien, Amy Borlund, John Kay
Election Day Challenges To Polling Hours And The Judiciary's Cautious Response, Robert C. O'Brien, Amy Borlund, John Kay
Buffalo Public Interest Law Journal
No abstract provided.
Locating The Mislaid Gate: Revitalizing Tinker By Repairing Judicial Overgeneralizations Of Technologically Enabled Student Speech, Kenneth R. Pike
Locating The Mislaid Gate: Revitalizing Tinker By Repairing Judicial Overgeneralizations Of Technologically Enabled Student Speech, Kenneth R. Pike
BYU Law Review
No abstract provided.
Beyond Guantánamo, Obstacles And Options (Part Ii), Gregory S. Mcneal
Beyond Guantánamo, Obstacles And Options (Part Ii), Gregory S. Mcneal
NULR Online
No abstract provided.
Beyond Guantánamo, Obstacles And Options, Gregory S. Mcneal
Beyond Guantánamo, Obstacles And Options, Gregory S. Mcneal
NULR Online
No abstract provided.
Implications Of The Supreme Court’S Boumediene Decision For Detainees At Guantanamo Bay, Cuba: Hearing Before The H. Comm. On Armed Services, 110th Cong., July 30, 2008 (Statement Of Neal Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal
Testimony Before Congress
No abstract provided.
The Americans With Disabilities Act And The Ada Amendments Act Of 2008: Hearing Before The S. Comm. On Health, Education, Labor & Pensions, 110th Cong., July 15, 2008 (Statement Of Chai R. Feldblum, Geo. U. L. Center), Chai R. Feldblum
Testimony Before Congress
No abstract provided.
[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox
[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox
University of Arkansas at Little Rock Law Review
No abstract provided.
Family Law & Civil Procedure - Daddy Dilemma: Should The Truth Matter? Martin V. Pierce, No. 06-950, 2007 Wl 1447911 (Ark. May 17, 2007), Katie S. Allen
Family Law & Civil Procedure - Daddy Dilemma: Should The Truth Matter? Martin V. Pierce, No. 06-950, 2007 Wl 1447911 (Ark. May 17, 2007), Katie S. Allen
University of Arkansas at Little Rock Law Review
No abstract provided.
Crime, Legitimacy, And Testilying, I. Bennett Capers
Crime, Legitimacy, And Testilying, I. Bennett Capers
Indiana Law Journal
No abstract provided.
The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray
The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray
Indiana Law Journal
No abstract provided.
Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson
Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson
University of Arkansas at Little Rock Law Review
No abstract provided.
Re-Evaluating Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Lorelei Ritchie De Larena
Re-Evaluating Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Lorelei Ritchie De Larena
Indiana Law Journal
The Declaratory Judgment Act of 1934 was quickly tagged by the US. Supreme Court as a simple procedural measure. That said, the addition of the declaratory judgment option has dramatically increased the rights of would-be defendants. This is of special interest in patent law, where without the ability to initiate legal action, an alleged infringer would typically have no recourse but to either drop a lucrative business and lose a massive investment, or to languish in legal limbo while potentially accruing liability for treble damages. The option of a mirror-image lawsuit removes the patentee's ability to decide unilaterally when, where-and, …
Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith
Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Reincarnating The “Major Questions” Exception To Chevron Deference As A Doctrine Of Non-Interference (Or Why Massachusetts V. Epa Got It Wrong), Abigail R. Moncrieff
Reincarnating The “Major Questions” Exception To Chevron Deference As A Doctrine Of Non-Interference (Or Why Massachusetts V. Epa Got It Wrong), Abigail R. Moncrieff
Law Faculty Articles and Essays
This Article proceeds as follows. Part I describes the birth of the major questions exception in MCI and Brown & Williamson and the death of the exception in Massachusetts. Part II identifies the three forms of the major questions rule that the Court and the literature have proposed to date and rejects all three, concluding that the rule ought not to be reincarnated if it cannot also be reformed. Part III proposes the noninterference form of the Chevron exception, demonstrating its foundations in the history of the major questions cases and demonstrating its similarities to other noninterference rules. Part IV …
The Grand Jury Legal Advisor: Resurrecting The Grand Jury’S Shield, Thaddeus A. Hoffmeister
The Grand Jury Legal Advisor: Resurrecting The Grand Jury’S Shield, Thaddeus A. Hoffmeister
School of Law Faculty Publications
This Article advocates for the creation of a Grand Jury Legal Advisor (GJLA) to resurrect the historical autonomy of grand juries. The Article draws upon Hawaii's experiences with the GJLA, and incorporates survey responses from a representative sample of former GJLAs.
The Article begins with a general and historical overview of the grand jury process. This portion of the Article demonstrates how all three branches of government have contributed to the diminishment of the powers of grand jurors. Part IV of this Article discusses the important policy rationales underlying the need for grand jury autonomy; Part V recommends the implementation …
Review Of Crafting The Overseer's Image By William E. Wiethoff, Daniel J. Sharfstein
Review Of Crafting The Overseer's Image By William E. Wiethoff, Daniel J. Sharfstein
Vanderbilt Law School Faculty Publications
Wherever slaves worked on plantations in the antebellum South, overseers were hired to supervise and discipline them. Crops, soil types, and topographies varied greatly across the region, but professional slave drivers were fixtures of the landscape from the colonial era to the Civil War. Their ubiquity pleased few people, slave or free. Accounts of their sadism, sexual violence, and general coarseness and stupidity are not limited to slave narratives and abolitionist tracts; gripes and horror stories fill the public and private writings of plantation owners, too. Harriet Beecher Stowe was hardly taking literary license when she made slave owner Simon …
Post-Amendment 80 Judicial Politics In Arkansas: Have The Changes Undermined The Argument For Selection By Appointment?, Jay Barth
University of Arkansas at Little Rock Law Review
No abstract provided.
2012 Kevin Eberle Leveling The Playing Field South Carolina Standards Of Review.Pdf, Kevin R. Eberle
2012 Kevin Eberle Leveling The Playing Field South Carolina Standards Of Review.Pdf, Kevin R. Eberle
Kevin Eberle
No abstract provided.
Enhancing Courtroom Presentation Through Technology, Fredric I. Lederer
Enhancing Courtroom Presentation Through Technology, Fredric I. Lederer
Popular Media
No abstract provided.
Courtroom Technology, Fredric I. Lederer, Tom O'Connor, Timothy A. Piganelli
Courtroom Technology, Fredric I. Lederer, Tom O'Connor, Timothy A. Piganelli
Popular Media
No abstract provided.
Access To Justice For The Poor: The Singapore Judiciary At Work, Gary Chan Kok Yew
Access To Justice For The Poor: The Singapore Judiciary At Work, Gary Chan Kok Yew
Washington International Law Journal
This Article examines the concrete efforts and programs of the Singapore judiciary to maintain and enhance access to justice for the poor. This examination is undertaken via overlapping economic, procedural, and institutional approaches. The Article will examine three main contentions. First, that the Singapore judiciary’s concrete efforts in maintaining and promoting access to justice for the poor have been fairly comprehensive and pro-active. Second, that abstract constitutional discourse on the right of access to justice and the associated rights of legal representation and legal aid are virtually absent in Singapore. Thus, the judicial practice for enhancing access to justice for …
Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer
Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer
Faculty Scholarship
While theoretical justifications predict that a judge’s gender and race may influence judicial decisions, empirical support for these arguments has been mixed. However, recent increases in judicial diversity necessitate a reexamination of these earlier studies. Rather than examining individual judges on a single characteristic, such as gender or race alone, this research note argues that the intersection of individual characteristics may provide an alternative approach for evaluating the effects of diversity on the federal appellate bench. The results of cohort models examining the joint effects of race and gender suggest that minority female judges are more likely to support criminal …
Reforma De La Ley De Defensa Del Consumidor. Ley 26.361., Gabriel Martinez Medrano
Reforma De La Ley De Defensa Del Consumidor. Ley 26.361., Gabriel Martinez Medrano
Gabriel Martinez Medrano
No abstract provided.
Responding To Foreclosures In Cuyahoga County: A Pilot Initiative, Interim Report, Alan C. Weinstein, Kathryn W. Hexter, Molly Schnoke
Responding To Foreclosures In Cuyahoga County: A Pilot Initiative, Interim Report, Alan C. Weinstein, Kathryn W. Hexter, Molly Schnoke
Law Faculty Reports and Comments
The Center for Civic Education and the Cleveland-Marshall College of Law released their report, on May 12, 2008. The report, prepared for the Cuyahoga County Board of Commissioners, is an assessment of the County's comprehensive approach to addressing foreclosures on two levels: 1) Making foreclosure proceedings faster and fairer and 2) Creating an early intervention program to help residents prevent foreclosure.
A Rodent In Robes, Donald E. Wilkes Jr.
A Rodent In Robes, Donald E. Wilkes Jr.
Popular Media
Because of the credible (but ultimately unresolved) sexual harassment charges leveled against him by Anita Hill and others at his confirmation hearings, as well as his creepy-crawly anti-individual rights voting record on the Supreme Court, nearly every time U.S. Supreme Court Justice Clarence Thomas visits a university campus there are protests by faculty and students, and now Michael Adams' decision to invite Thomas to be the commencement speaker at the upcoming UGA graduation ceremony has created a furor. For years, UGA administrators appear to have tolerated sexual harassment on campus, and in recent months there have been startling revelations of …