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Articles 181 - 210 of 235

Full-Text Articles in Law

The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little Dec 2001

The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little

William & Mary Bill of Rights Journal

No abstract provided.


The "Blue Slip": Enforcing The Norms Of The Judicial Confirmation Process, Brannon P. Denning Dec 2001

The "Blue Slip": Enforcing The Norms Of The Judicial Confirmation Process, Brannon P. Denning

William & Mary Bill of Rights Journal

No abstract provided.


Court Administration As A Tool For Judicial Reform, Christie Warren Apr 2001

Court Administration As A Tool For Judicial Reform, Christie Warren

Faculty Publications

This paper focuses on court administration as a component of judicial branch reform in the United States and other countries.

Over the past fifty years, state and federal court systems in the United States have undergone a process of significant change. At the beginning of the twentieth century, courts were largely dependent upon the executive branch of government for administrative support and were for the most part externally dominated, disorganized, and poorly managed. By the end of the century, they had undergone a process of administrative innovation and improvement that changed the way they were managed. In other countries, judicial …


Social Meaning And School Vouchers, Neal Devins Mar 2001

Social Meaning And School Vouchers, Neal Devins

William & Mary Law Review

No abstract provided.


Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer Mar 2001

Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer

Faculty Publications

On April 3, 2000, U.S. District Judge Thomas Penfield Jackson declared that the Microsoft Corporation ("Microsoft") had maintained monopoly power in the personal computer operating system market by anticompetitive means, in violation of Section 2 of the Sherman Antitrust Act. A case of enormous significance, Microsoft raises difficult questions regarding how antitrust laws should be applied to information technology ("IT') companies. Specifically, many characteristics of what has come to be called the "New Economy" - and of the IT companies within it - suggest that traditional monopolization analysis may need modification. As the U.S. has moved toward an information- based …


The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer Jul 2000

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

Faculty Publications

No abstract provided.


Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins Jan 2000

Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins

Faculty Publications

No abstract provided.


Courtroom Technology, A Judicial Primer, Fredric I. Lederer Jan 2000

Courtroom Technology, A Judicial Primer, Fredric I. Lederer

Faculty Publications

No abstract provided.


Constitutional Law -- Due Process Clause -- Third Circuit Holds That $50 Million Punitive Damages Award In Context Of A $48 Million Compensatory Award Is Unconstitutionally Excessive -- Inter Medical Supplies, Ltd. V. Ebi Medical Systems, Inc., 181 F.3d 446 (3d Cir. 1999)., A. Benjamin Spencer Dec 1999

Constitutional Law -- Due Process Clause -- Third Circuit Holds That $50 Million Punitive Damages Award In Context Of A $48 Million Compensatory Award Is Unconstitutionally Excessive -- Inter Medical Supplies, Ltd. V. Ebi Medical Systems, Inc., 181 F.3d 446 (3d Cir. 1999)., A. Benjamin Spencer

Faculty Publications

In 1996, the Supreme Court, in BMW of North America, Inc. v. Gore, struck down a punitive damages award on the ground that it was "grossly excessive" in violation of the Due Process Clause of the Fourteenth Amendment . Since BMW, many courts have faced the challenge of applying its principles to determine whether punitive damages awards surpass the constitutional limit. Last June, in Inter Medical Supplies, Ltd. v. EBI Medical Systems, Inc., the Third Circuit faced this difficulty when it considered whether a $50 million punitive damages award, granted in conjunction with a $48 million compensatory damages award, was …


Courtroom Technology In The 21st Century, Fredric I. Lederer Jul 1999

Courtroom Technology In The 21st Century, Fredric I. Lederer

Popular Media

No abstract provided.


The Democracy-Forcing Constitution, Neal Devins May 1999

The Democracy-Forcing Constitution, Neal Devins

Faculty Publications

No abstract provided.


The Road To The Virtual Courtroom? A Consideration Of Today’S -- And Tomorrow’S -- High Technology Courtrooms, Fredric I. Lederer Apr 1999

The Road To The Virtual Courtroom? A Consideration Of Today’S -- And Tomorrow’S -- High Technology Courtrooms, Fredric I. Lederer

Faculty Publications

No abstract provided.


Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer Jan 1999

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Faculty Publications

No abstract provided.


Judicial Exclusivity And Political Instability, Neal Devins, Louis Fisher Jan 1998

Judicial Exclusivity And Political Instability, Neal Devins, Louis Fisher

Faculty Publications

No abstract provided.


The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins Oct 1997

The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins

Popular Media

No abstract provided.


The Courtroom As A Stop On The Information Superhighway, Fredric I. Lederer Apr 1997

The Courtroom As A Stop On The Information Superhighway, Fredric I. Lederer

Popular Media

No abstract provided.


Book Review Of Ready Reference: American Justice, James S. Heller Jan 1997

Book Review Of Ready Reference: American Justice, James S. Heller

Library Staff Publications

No abstract provided.


Book Review Of The Sourcebook Of Federal Courts, U.S. District And Bankruptcy, James S. Heller Jan 1997

Book Review Of The Sourcebook Of Federal Courts, U.S. District And Bankruptcy, James S. Heller

Library Staff Publications

No abstract provided.


Lawyering In A Hybrid Adversary System, John S. Dzienkowski Oct 1996

Lawyering In A Hybrid Adversary System, John S. Dzienkowski

William & Mary Law Review

No abstract provided.


The Trouble With Postmodern Zeal, Monroe H. Freedman Oct 1996

The Trouble With Postmodern Zeal, Monroe H. Freedman

William & Mary Law Review

No abstract provided.


Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer Jan 1996

Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer

Faculty Publications

This article reviews key aspects of high technology litigation, including technology augmented court records, two-way video arraignment and testimony, and technology based evidence display, and posits some of the critical jurisprudential and pragmatic issues posed by the use of such technologies


Revolution In Courtroom Technology Presents Opportunity And Risk, Fredric I. Lederer Nov 1994

Revolution In Courtroom Technology Presents Opportunity And Risk, Fredric I. Lederer

Popular Media

No abstract provided.


Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins Jan 1994

Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins

Faculty Publications

With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …


How To Try A Tax Court Case, James S. Halpren, Charles W. Hall Dec 1993

How To Try A Tax Court Case, James S. Halpren, Charles W. Hall

William & Mary Annual Tax Conference

No abstract provided.


Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein Apr 1993

Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein

Faculty Publications

No abstract provided.


Book Review Of How To Research The Supreme Court, James S. Heller Jan 1993

Book Review Of How To Research The Supreme Court, James S. Heller

Library Staff Publications

No abstract provided.


Book Review Of The National Directory Of Courts Of Law 1991, James S. Heller Jan 1993

Book Review Of The National Directory Of Courts Of Law 1991, James S. Heller

Library Staff Publications

No abstract provided.


Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas Jan 1992

Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas

Faculty Publications

No abstract provided.


Judicial Matters, Neal Devins Jan 1992

Judicial Matters, Neal Devins

Faculty Publications

No abstract provided.


The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne Apr 1991

The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne

Faculty Publications

No abstract provided.