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Articles 1 - 30 of 128
Full-Text Articles in Law
Transcript For The Future Of The Federal Courts, William H. Rehnquist, Sarah Evans Barker, Edward R. Becker, Claudio Grossman, Stephen Reinhardt, Ira P. Robbins
Transcript For The Future Of The Federal Courts, William H. Rehnquist, Sarah Evans Barker, Edward R. Becker, Claudio Grossman, Stephen Reinhardt, Ira P. Robbins
American University Law Review
No abstract provided.
The Three-Judge District Court In Voting Rights Litigation, Michael E. Solimine
The Three-Judge District Court In Voting Rights Litigation, Michael E. Solimine
University of Michigan Journal of Law Reform
In recent Terms the Supreme Court has heard numerous appeals from the decisions of three-judge district courts in controversial Voting Rights Act cases as well as in challenges to congressional districts designed allegedly to facilitate the election of members of minority groups. Although the cases themselves have been followed closely, the institution of the three-judge district court itself has received relatively little attention, even though Congress passed legislation in 1976 that restricted the three-judge court's jurisdiction to reapportionment and certain Voting Rights Act cases. In this Article, Professor Solimine argues that numerous problems attend the formation and operation of such …
Impermeable Federalism, Pragmatic Silence, And The Long Range Plan For The Federal Courts, Lauren K. Robel
Impermeable Federalism, Pragmatic Silence, And The Long Range Plan For The Federal Courts, Lauren K. Robel
Indiana Law Journal
Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts
Proposed Long Range Plan For The Federal Courts: Ambition Or Abdication?, Myra C. Selby
Proposed Long Range Plan For The Federal Courts: Ambition Or Abdication?, Myra C. Selby
Indiana Law Journal
Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts
Federal Court Long Range Planning: Fine Lines And Tightropes, Sarah Evans Barker
Federal Court Long Range Planning: Fine Lines And Tightropes, Sarah Evans Barker
Indiana Law Journal
Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts
Outlaw Judiciary: On Lies, Secrets, And Silence: The Florida Supreme Court Deals With Death Row Claims Of Actual Innocence, Michael Mello
Outlaw Judiciary: On Lies, Secrets, And Silence: The Florida Supreme Court Deals With Death Row Claims Of Actual Innocence, Michael Mello
City University of New York Law Review
No abstract provided.
Lawyering In A Hybrid Adversary System, John S. Dzienkowski
Lawyering In A Hybrid Adversary System, John S. Dzienkowski
William & Mary Law Review
No abstract provided.
The Trouble With Postmodern Zeal, Monroe H. Freedman
The Trouble With Postmodern Zeal, Monroe H. Freedman
William & Mary Law Review
No abstract provided.
Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King
Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King
Michigan Law Review
This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. Contemporary reports of juror shortages and jury dodging portray a system in crisis. Coverage of recent high-profile cases suggests that misconduct by jurors who do serve is common. In the trial of Damian Williams and Henry Watson for the beating of Reginald Denny, a juror was kicked off for failing to deliberate; Exxon, Charles Keating, and the man accused of murdering Michael Jordan's father all …
Observing And Enforcing Human Rights Under The Council Of Europe: The Creation Of A Permanent European Court Of Human Rights, Jonathan L. Black-Branch
Observing And Enforcing Human Rights Under The Council Of Europe: The Creation Of A Permanent European Court Of Human Rights, Jonathan L. Black-Branch
Buffalo Journal of International Law
No abstract provided.
Small Claims Court Cant, Seana C. Mcguire, Roderick A. Macdonald
Small Claims Court Cant, Seana C. Mcguire, Roderick A. Macdonald
Osgoode Hall Law Journal
Small claims courts have traditionally been seen as a valuable institutional innovation for facilitating access to justice. In Quebec, the small claims court is particularly prized because most corporate plaintiffs may not be plaintiffs, because parties may not be represented by lawyers and because judges are to play an activist role in managing the litigation process. This article reports the findings of an empirical study of the plaintiff population of the Small Claims Court of downtown Montreal during 1992. It presents information on the socio-demographic characteristics of plaintiffs, the nature of claims brought, the dispute process followed, and the outcome …
"Lies, Damned Lies, And Statistics"? Psychological Syndrome Evidence In The Courtroom After Daubert, Krista L. Duncan
"Lies, Damned Lies, And Statistics"? Psychological Syndrome Evidence In The Courtroom After Daubert, Krista L. Duncan
Indiana Law Journal
No abstract provided.
The New Activist Court , Donald H. Zeigler
The New Activist Court , Donald H. Zeigler
American University Law Review
No abstract provided.
Escaping The World Of I Know It When I See It: A New Test For Software Patent Ability, Brooke Schumm Iii
Escaping The World Of I Know It When I See It: A New Test For Software Patent Ability, Brooke Schumm Iii
Michigan Telecommunications & Technology Law Review
The major thesis presented in this article is a focused standard of software patentability, in particular for pure computational methods or algorithms directed to the manipulation of numbers operating on a computer. The general philosophy is to compel inventors to narrow their claims to an algorithm expressed in terms of its utility and then to require that the particular utility or functionality be expressed in the claim as a limit on the claim, thus precluding the patent monopoly from being overbroad. As a corollary, any person is free to use or perhaps to patent the algorithm for a different utility …
The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya
The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya
University of Michigan Journal of Law Reform
This Article examines the peremptory challenge as modified by Batson and its progeny. The discussion is based in part on a survey of trial lawyers, asking them about their impressions of the peremptory challenge, Batson, and jury selection generally. The Article concludes that neither the peremptory challenge nor Batson achieve their full potential. Primarily because of time and other constraints on voir dire, the peremptory challenge falls short as a tool in shaping fair and impartial juries. While Batson may prevent some unlawful discrimination in jury selection, Batson falls short as a tool in identifying unlawful discrimination once it …
"Issue Voting" By Multimember Appellate Courts: A Response To Some Radical Proposals, John M. Rogers
"Issue Voting" By Multimember Appellate Courts: A Response To Some Radical Proposals, John M. Rogers
Vanderbilt Law Review
A judge on a multimember appellate court can vote against the result of his or her own reasoning by deferring to a majority on a subissue on which the judge differs. When Justice White did just this in Pennsylvania v. Union Gas,' soon followed by a similarly anomalous vote by Justice Kennedy in Arizona v. Fulminante, I examined the pool of United States Supreme Court cases in which this kind of voting was possible. Out of more than one hundred fifty earlier cases where one or more of the justices might have voted in such a way, only two justices …
How Outcome Voting Promotes Principled Issue Identification: A Reply To Professor John Rogers And Others, Maxwell L. Stearns
How Outcome Voting Promotes Principled Issue Identification: A Reply To Professor John Rogers And Others, Maxwell L. Stearns
Vanderbilt Law Review
In his provocative article, "Issue Voting" by Multimember Appellate Courts: A Response to Some Radical Proposals,' Professor John M. Rogers has provided a valuable opportunity for those of us interested in the structural aspects of appellate court decisionmaking--especially Supreme Court decisionmaking--to step back, to compare notes, and to evaluate an increasingly prominent proposal for institutional reform. More importantly, this Colloquium provides an opportunity to explore more deeply several anomalies associated with appellate court decisionmaking. At the outset, I should emphasize that while he devotes a considerable portion of his article to evaluating my scholarship on appellate court decisionmaking, as Professor …
Issues And Outcomes, Guidance, And Indeterminacy: A Reply To Professor John Rogers And Others, David G. Post, Steven C. Salop
Issues And Outcomes, Guidance, And Indeterminacy: A Reply To Professor John Rogers And Others, David G. Post, Steven C. Salop
Vanderbilt Law Review
There is now a small but growing literature on the proper voting procedure for multijudge panels. Professor John Rogers began the most recent round of thinking about these vexing issues, arguing that a judge on a multimember panel should never "vote against the result of his or her own reasoning by deferring to a majority on a sub-issue on which the judge differs." We responded, arguing in favor of just such action, which we labeled "issue voting." We criticized Professor Rogers's preferred mode of multimember court adjudication, which we labeled "outcome voting," on the grounds that it provided limited guidance …
Appellate Court Voting Rules, Scott B. Smith
Appellate Court Voting Rules, Scott B. Smith
Vanderbilt Law Review
During the 1996 term, the United States Supreme Court made a candid confession about its voting practices. In Seminole Tribe of Florida v. Florida, the Court overruled Pennsylvania v. Union Gas Co. and recognized that when a justice defers to the majority against his or her own reasoning inconclusive precedent results. Union Gas was particularly unusual because Justice White switched his vote to assure a result in a three-remedy case where none of the three remedies had the support of a majority. In Seminole Tribe, the Court admitted Union Gas "has, since its issuance, been of questionable precedential value, largely …
Statutory Interpretation And The Idea Of Progress, Daniel A. Farber
Statutory Interpretation And The Idea Of Progress, Daniel A. Farber
Michigan Law Review
A Review of William N. Eskridge, Dynamic Statutory Interpretation
The Influence Of The Arkansas Supreme Court's Opinions On Policy Made By The General Assembly: A Case Study, Chuck Smith
The Influence Of The Arkansas Supreme Court's Opinions On Policy Made By The General Assembly: A Case Study, Chuck Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
The Computer As Advocate: An Approach To Computer-Generated Displays In The Courtroom, Mario Borelli
The Computer As Advocate: An Approach To Computer-Generated Displays In The Courtroom, Mario Borelli
Indiana Law Journal
No abstract provided.
Framing The Issues For Cameras In The Courtrooms: Redefining Judicial Dignity And Decorum, A Wayne Mackay
Framing The Issues For Cameras In The Courtrooms: Redefining Judicial Dignity And Decorum, A Wayne Mackay
Dalhousie Law Journal
This article examines the role of s. 2(b) of the Charter of Rights in determining the role of cameras in Canadian courtrooms. The discussions reveal that arguments in opposition to cameras are largely unfounded and in contradiction to the freedom of expression guarantee. The denial of the right is in reality based on judges' and lawyers' fear of loss of control of the courtroom environment. Cameras should only be banned from courtrooms as part of a total publication ban, and then only after a careful s. 1 analysis
For The Civil Practitioner, Bonnie R. Gerhardt
For The Civil Practitioner, Bonnie R. Gerhardt
Washington and Lee Law Review
No abstract provided.
Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards
Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards
Brigham Young University Journal of Public Law
No abstract provided.
Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman
Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman
Brigham Young University Journal of Public Law
No abstract provided.
For The Criminal Practitioner, Thomas R. Ascik
For The Criminal Practitioner, Thomas R. Ascik
Washington and Lee Law Review
No abstract provided.
Structuring Multiclaim Litigation: Should Rule 23 Be Revised?, William W. Schwarzer
Structuring Multiclaim Litigation: Should Rule 23 Be Revised?, William W. Schwarzer
Michigan Law Review
The question whether Rule 23 should be revised therefore is not susceptible to a global answer unless revision is stylistic only, limited to making the text more elegant - and even stylistic revision is likely to have some substantive impact, even if unintended. But if the argument for revision is that the Rule is in some respect deficient and should be made to work better, one must begin by answering the question how it should work. That in tum depends on defining the Rule's purpose - what it is intended to accomplish.This paper examines briefly the purposes for which the …
Government Contract Cases In The United States Court Of Appeals For The Federal Circuit: 1995 In Review, Thomas F. Williamson, Stacey L. Valerio, Stephanie P. Gilson
Government Contract Cases In The United States Court Of Appeals For The Federal Circuit: 1995 In Review, Thomas F. Williamson, Stacey L. Valerio, Stephanie P. Gilson
American University Law Review
No abstract provided.
Christianson V. Colt Industries Operating Corp: The Application Of Federal Question Precedent To Federal Circuit Jurisdiction Decisions, John Donofrio, Edward C. Donovan
Christianson V. Colt Industries Operating Corp: The Application Of Federal Question Precedent To Federal Circuit Jurisdiction Decisions, John Donofrio, Edward C. Donovan
American University Law Review
No abstract provided.