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Full-Text Articles in Law

Le Role Politique De La Cour Supreme, Toujours Recommence, Elisabeth Zoller Oct 2020

Le Role Politique De La Cour Supreme, Toujours Recommence, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.


Judicial Independence: Tweak The Guiding Paradigm, Charles G. Geyh Jul 2020

Judicial Independence: Tweak The Guiding Paradigm, Charles G. Geyh

Articles by Maurer Faculty

Over time, the public has simply ceased to believe judges when say that they follow the law, and nothing but. If judges impose their ideological policy preferences, the argument goes, why should they be independent from political controls, when other policymakers are not? We have reached the point where, when judges seek to defend the customs and conventions that have guarded against incursions upon their independence by arguing that “we are all about the law and nothing else,” the public response has increasingly become, “No, no, no, your nose is growing.”


Bhopal In The Federal Courts: How Indian Victims Failed To Get Justice, Jayanth K. Krishnan Apr 2020

Bhopal In The Federal Courts: How Indian Victims Failed To Get Justice, Jayanth K. Krishnan

Articles by Maurer Faculty

Over thirty-five years ago, the city of Bhopal, India, witnessed a horrific gas leak that originated from a facility operated by Union Carbide India Limited (“UCIL”), which had as its parent company the American-based Union Carbide Corporation (“UCC”). Thousands were killed, with many more injured. One hundred forty-five cases were filed throughout various U.S. federal district courts on behalf of the victims asserting that UCIL and UCC were liable. Eventually, these cases were consolidated through the multi-district litigation (“MDL”) process and placed onto the docket of federal Judge John Keenan. In 1986, Judge Keenan issued his famous forum non conveniens …