Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Courts

1996

Institution
Keyword
Publication
Publication Type
File Type

Articles 61 - 90 of 212

Full-Text Articles in Law

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson Jan 1996

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.


Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman Jan 1996

Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.


Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds Jan 1996

Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds

Faculty Scholarship

No abstract provided.


Appropriations Jan 1996

Appropriations

Touro Law Review

No abstract provided.


Education Jan 1996

Education

Touro Law Review

No abstract provided.


The Sounds Of Silence: Charter Application When The Legislature Declines To Speak, Dianne Pothier Jan 1996

The Sounds Of Silence: Charter Application When The Legislature Declines To Speak, Dianne Pothier

Dianne Pothier Collection

On first impression, the title of the Simon and Garfunkle hit classic hit "The Sounds of Silence" may seem like an oxymoron. But it does not take too much reflection to realize that silence can indeed be very expressive and therefore quite telling. While that can be true in any number of contexts, for the specific purpose of this article, I will examine only one: legislative silence. What is the legal significance of the legislature declining to speak on one particular aspect of a legal issue otherwise addressed in the legislation? More specifically, can the Charter be engaged to challenge …


Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, 84 Ky. L.J. 259 (1996), Alberto Bernabe Jan 1996

Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, 84 Ky. L.J. 259 (1996), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.


Warren Burger And The Administration Of Justice, Carl W. Tobias Jan 1996

Warren Burger And The Administration Of Justice, Carl W. Tobias

Law Faculty Publications

Professor Tobias examines the career of Chief Justice of the United States Warren E. Burger, emphasizing his "enormous contribution to improving the administration of Justice in the United States."


The Proposal To Split The Ninth Circuit, Carl W. Tobias Jan 1996

The Proposal To Split The Ninth Circuit, Carl W. Tobias

Law Faculty Publications

Individuals and organizations concerned about natural resources should be aware of the recent controversial proposal to divide the United States Court of Appeals for the Ninth Circuit. During the first session of the 104th Congress in the fall of 1995, the United States Senate Judiciary Committee approved Senate Bill 956, a measure that would establish a new Twelfth Circuit consisting of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington, and that would leave California, Hawaii, Guam, and the Northern Mariana Islands in the Ninth Circuit. The Judiciary Committee vote was important for two reasons: the circuit's division could substantially affect …


An Analysis Of Federal Appellate Court Study Commissions, Carl W. Tobias Jan 1996

An Analysis Of Federal Appellate Court Study Commissions, Carl W. Tobias

Law Faculty Publications

During the 104th Congress, senators representing Pacific Northwest states mounted the fourth serious effort to split the United States Court of Appeals for the Ninth Circuit since 1983. The Senate Judiciary Committee approved a bill that would have divided the court; however, the Senate eventually passed a measure which would have created a national study commission to analyze the federal appellate system. This compromise was only one of several study proposals that Congress considered in 1995 and 1996. For example, California Governor Pete Wilson and Ninth Circuit Judge Diarmuid O'Scannlain recommended the establishment of commissions which would have assessed the …


The Proposal To Split The Ninth Circuit Court Of Appeals, Carl W. Tobias Jan 1996

The Proposal To Split The Ninth Circuit Court Of Appeals, Carl W. Tobias

Law Faculty Publications

Symposium introduction


The Civil Justice Reform Act Amendment Act Of 1995, Carl W. Tobias, Margaret L. Sanner Jan 1996

The Civil Justice Reform Act Amendment Act Of 1995, Carl W. Tobias, Margaret L. Sanner

Law Faculty Publications

Four members of the Senate Judiciary Committee introduced the Civil Justice Reform Act Amendment Act of 1995 on February 23, 1995 as Congress was considering numerous aspects of the Contract With America, most relevantly the legal reforms in its ninth tenet. Senator Orrin Hatch (R-Utah), Chair of the Senate Judiciary Committee, Senator Charles Grassley (RIowa), Chair of the Subcommittee on Courts and Administrative Practice, Senator Joseph Biden (D-Del.), the ranking minority member of the Senate Judiciary Committee, and Senator Howell Heflin (D-Ala.), former Chair of the Courts and Administrative Practice Subcommittee, sponsored the legislation. Passage of the proposal by the …


Congress Considers Bill To Split Ninth Circuit, Carl W. Tobias Jan 1996

Congress Considers Bill To Split Ninth Circuit, Carl W. Tobias

Law Faculty Publications

Late last year, the Senate Judiciary Committee approved a measure that would divide the U.S. Court of Appeals for the Ninth Circuit. The proposal, Senate Bill 956, would create a new Twelfth Circuit comprised of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington, leaving California, Hawaii, Guam, and the Northern Mariana Islands in the Ninth Circuit. The Judiciary Committee vote is significant because no bill to split the Ninth Circuit has ever received floor debate. The second session of the 104th Congress could well divide the court.


The Standard Of Review Of Applied By The United States Court Of Appeals For The Federal Circuit In International Trade And Customs Cases, Herbert C. Shelley, Alicia A. Kipel, Anne Talbot, Keith R. Marino Jan 1996

The Standard Of Review Of Applied By The United States Court Of Appeals For The Federal Circuit In International Trade And Customs Cases, Herbert C. Shelley, Alicia A. Kipel, Anne Talbot, Keith R. Marino

American University Law Review

No abstract provided.


Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield Jan 1996

Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield

Indiana Law Journal

No abstract provided.


Double Jeopardy Jan 1996

Double Jeopardy

Touro Law Review

No abstract provided.


Right To Counsel Jan 1996

Right To Counsel

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle Jan 1996

Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle

Faculty Scholarship

Constitutional claims invariably turn on the underlying historical facts. In order to adjudicate claims presented in habeas corpus petitions, accordingly, the federal courts must somehow ascertain the facts. In some instances, the factual record can be augmented via discovery or expansion of the record under the federal habeas corpus rules.' Otherwise, disputed factual issues typically must be determined on the basis of previous litigation in state court or in independent federal evidentiary hearings.


Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer Jan 1996

Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer

University of Richmond Law Review

On March 9, 1991, Shawn Paul Novak was charged with the murder of two young boys, Daniel Grier, age nine, and Christopher Weaver, age seven. The boys had disappeared on March 4 and their bodies were found the next day after an extensive search. The police inquiry into the murders led to the questioning of a number of people, including Shawn, then age sixteen. Shawn was questioned on four separate occasions. At no time prior to, during, or after any of these questioning sessions was Shawn read his Mirandawarnings which specify the rights to which he was entitled under the …


“The Image We See Is Our Own”: Defending The Jury’S Territory At The Heart Of The Democratic Process, Lisa Kern Griffin Jan 1996

“The Image We See Is Our Own”: Defending The Jury’S Territory At The Heart Of The Democratic Process, Lisa Kern Griffin

Faculty Scholarship

reviewing Jeffrey B. Abramson, We the Jury (1994) and Stephen J. Adler, The Jury (1994))


Double Jeopardy Jan 1996

Double Jeopardy

Touro Law Review

No abstract provided.


Due Process Jan 1996

Due Process

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Home Rule Jan 1996

Home Rule

Touro Law Review

No abstract provided.


Right To Counsel Jan 1996

Right To Counsel

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Rule 607: Who May Impeach Jan 1996

Rule 607: Who May Impeach

Touro Law Review

No abstract provided.


Rule 613: Prior Statements Of Witnesses Jan 1996

Rule 613: Prior Statements Of Witnesses

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.