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1996

Institution
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Articles 61 - 80 of 80

Full-Text Articles in Law

Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski Jan 1996

Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski

Faculty Scholarship

A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …


Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank Jan 1996

Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


In-Kind Class Action Settlements, Scott R. Peppet Jan 1996

In-Kind Class Action Settlements, Scott R. Peppet

Publications

No abstract provided.


The Myth Of Testamentary Freedom, Melanie B. Leslie Jan 1996

The Myth Of Testamentary Freedom, Melanie B. Leslie

Articles

No abstract provided.


Internationale Handelsgessellschaft Mbh V.Einfuhrund Vorratsstelle Für Getreide Und Futtermittel (Favorite Case Symposium), James E. Krier Jan 1996

Internationale Handelsgessellschaft Mbh V.Einfuhrund Vorratsstelle Für Getreide Und Futtermittel (Favorite Case Symposium), James E. Krier

Articles

The idea of a "favorite judicial opinion" had never occurred to me until the Texas Law Review planted it in my head; the Journal of the American Dental Association could as well have asked me to express some sentiments about my favorite toothache. I was at a loss to think of even a single candidate for what, until the event, I had apparently regarded as a nonexistent office. Why then did I decide to accept the Review's invitation? The answer is, in a word, curiosity: Never mind that the editors of a law review in Texas wanted to know what …


How To Put Lawmakers, Not Courts, Back In Charge, David Schoenbrod, Ross Sandler Jan 1996

How To Put Lawmakers, Not Courts, Back In Charge, David Schoenbrod, Ross Sandler

Other Publications

No abstract provided.


Physician Assisted Suicide: A Bad Idea, Yale Kamisar Jan 1996

Physician Assisted Suicide: A Bad Idea, Yale Kamisar

Articles

It would be hard to deny that there is a great deal of support in this country - and ever-growing support - for legalizing physician-assisted suicide (PAS). Why is this so? I believe there are a considerable number of reasons. I shall discuss five common reasons - and explain why I do not find any of them convincing.


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


Alienation Of Conservation Easements, Richard B. Collins Jan 1996

Alienation Of Conservation Easements, Richard B. Collins

Publications

No abstract provided.


Fact-Bargaining: An American Phenomenon, William T. Pizzi Jan 1996

Fact-Bargaining: An American Phenomenon, William T. Pizzi

Publications

No abstract provided.


The Double Jeopardy Dilemma: Does Criminal Prosecution And Civil Forfeiture In Separate Proceedings Violate The Double Jeopardy Clause?, Jimmy Gurule Jan 1996

The Double Jeopardy Dilemma: Does Criminal Prosecution And Civil Forfeiture In Separate Proceedings Violate The Double Jeopardy Clause?, Jimmy Gurule

Journal Articles

A preview of two 1996 Supreme Court cases. In the first case, US v. Ursery, a convicted narcotics dealer filed a motion to dismiss his criminal sentence on the grounds that it had violated the double jeopardy clause because he had already received a civil forfeiture judgment for the same crime. The second case, US v. $405,089.23, involves a similar situation, with a convicted felon filing a motion to dismiss his civil forfeiture case on the grounds that he had received a criminal sentence for the same crime earlier. The article argues that the two cases are significant because the …


Corrections Day, John Copeland Nagle Jan 1996

Corrections Day, John Copeland Nagle

Journal Articles

In July 1995, the House of Representatives established a Corrections Day procedure for fixing statutory mistakes. This article traces the history of the corrections day idea, beginning with suggestions offered by Justices Cardozo and Ginsburg many years apart. The article also recounts the early applications of Correction Day by the House. This article describes the problem of statutory mistakes: what they are, and who makes them. It explains that statutory mistakes do exist, regardless of how one defines mistake. Congress, agencies, and the courts all make mistakes, though the responsibility for them ultimately resides with Congress, the author of the …


Principled Silence, Tobias Barrington Wolff Jan 1996

Principled Silence, Tobias Barrington Wolff

All Faculty Scholarship

No abstract provided.


Direct Democracy And Hastily Enacted Statutes, John C. Nagle Jan 1996

Direct Democracy And Hastily Enacted Statutes, John C. Nagle

Journal Articles

Phil Frickey qualifies as the leading explorer of the borderline between statutory interpretation and constitutional law. Frickey explores ways to mediate the borderline between statutory interpretation and constitutional adjudication in the context of direct democracy. His is an enormously helpful attempt to reconcile the constitutional issues discussed by Julian Eule and the statutory interpretation issues discussed by Jane Schacter. I agree with many of Frickey's suggestions. Indeed, I will suggest some additional devices that can perform the same role. But I wonder whether Frickey has proved more than he set out to accomplish. The problems of direct democracy are special, …


Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurule Jan 1996

Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurule

Journal Articles

A preview of Melendez v. United States, a 1996 Supreme Court case in which a convicted cocaine dealer appealed his mandatory 10 year sentence under the federal statutes on the grounds that he had cooperated with the prosecutor. While the United States Congress has authorized courts to impose sentences below the mandatory minimum set by the statutes and the Federal Sentencing Guidelines for defendants who provide substantial cooperation with the prosecution, courts can only do so at the request of the prosecutor. At issue in this case, where the prosecutor requested a sentence lower than the Guidelines minimum but not …


How To Count To Fifteen: Determining The Jurisdictional Scope Of Title Vii: An Analysis Of Walters V. Metropolitan Educational Enterprises Inc., Barbara J. Fick Jan 1996

How To Count To Fifteen: Determining The Jurisdictional Scope Of Title Vii: An Analysis Of Walters V. Metropolitan Educational Enterprises Inc., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Walters v. Metropolitan Educational Enterprises, Inc., 519 U.S. 202 (1997). The author expected the Court to consider how the number of employees of a particular employer should be counted for for purposes of Title VII of the Civil Rights Act of 1964.


Excessive Criminal Justice Caseloads: Challenging The Conventional Wisdom, Jerold H. Israel Jan 1996

Excessive Criminal Justice Caseloads: Challenging The Conventional Wisdom, Jerold H. Israel

Articles

Since the mid-1960s, no element of the criminal justice environment has received more attention and been accorded greater importance, in both popular and professional commentary, than has the pressure of heavy caseloads. The lack of sufficient resources to deal with overbearing caseloads has been widely characterized as the most pervasive and most critical administrative challenge faced by police, prosecutors, public defenders, and courts.' National commissions have regularly complained that the criminal justice system is "overcrowded, overworked, [and] undermanned," and must be given "substantially more money" to cure those ills if it is ever to perform all of the tasks assigned …


Rule 23: Challenges To The Rulemaking Process (Symposium: The Institute Of Judicial Administration Research Conference On Class Actions), Edward H. Cooper Jan 1996

Rule 23: Challenges To The Rulemaking Process (Symposium: The Institute Of Judicial Administration Research Conference On Class Actions), Edward H. Cooper

Articles

Three decades have elapsed since Rule 23 of the Federal Rules of Civil Procedure last underwent revision. Taking a cue from proposed amendments prepared by the Civil Rules Advisory Committee, Professor Cooper asks whether now is the appropriate time to revise Rule 23. In this Articl e he identifis three potential "big changes" to the Rule. subsantially curtailing class actions; accommodating the needs of mass-tort actions; and recognizing the class as an entity, distinct from Its representatives. After outlining and critiquing the Advisory Committee's draf4 Professor Cooper raises a host of questions about many aspects of Rule 23 and suggests …


Rights Of Subrogation In Letters Of Credit Transactions, James J. White Jan 1996

Rights Of Subrogation In Letters Of Credit Transactions, James J. White

Articles

The past twenty years have seen more than a dozen cases, in which parties to letter of credit transactions have sought subrogation to the rights of the person they have paid or to the rights of the persons on behalf of whom, they have acted.' The most obvious case arises when the issuer of a standby letter of credit pays a beneficiary on a debt that is owed to the beneficiary by a bankrupt applicant. Having failed to take 'collateral from the applicant, the issuer seeks to be subrogated to the security interest of the beneficiary. Failing subrogation, the issuer …


The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar Jan 1996

The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar

Articles

Until this year, no state or federal appellate court had ever held that there was a right to assisted suicide no matter how narrow the circumstances or stringent the conditions. In 1996, however, within the span of a single month, two federal courts of appeals so held; in an 8-3 majority of the Ninth Circuit (sitting en banc) in Compassion in Dying v. Washington and a three-judge panel of the Second Circuit in Quill v. Vacco. What heartened proponents of a right to physician-assisted suicide even more, and pleased those resistant to the idea even less, was that the two …