Law Commons^™

Securities Exchange Act Section 4e(A): Toothless "Internal-Timing Directive" Or Statute Of Limitation?, Richard E. Brodsky

William & Mary Business Law Review

The Securities and Exchange Commission has a problem, and everyone knows it: its investigative process suffers from excessive delay, which harms both individuals and entity it investigates and its own enforcement program. This problem has long been recognized and complained about, but never remedied.

In 2010, Congress passed a law specifically designed to solve the problem of excessive delay but, the way the SEC has read the law—which has been acquiesced in by the courts and ignored by subsequent Congresses—has rendered it toothless and essentially meaningless. This has been accomplished, first, by the Commission’s cabined interpretation of the purpose of …

Foreword: The Books Of Justices, Linda Greenhouse

Michigan Law Review

For this Michigan Law Review issue devoted to recently published books about law, I thought it would be interesting to see what books made an appearance in the past year’s work of the Supreme Court. I catalogued every citation to every book in those forty opinions in order to see what patterns emerged: what books the justices cited, which justices cited which books, and what use they made of the citations. To begin with, I should define what I mean by “books". For the purposes of this Foreword, I excluded some types of reading matter that may have a book-like …

Deciding Not To Decide: A Limited Defense Of The Silent Concurrence, Alexander I. Platt

The Journal of Appellate Practice and Process

No abstract provided.

What If?: Human Experience And Supreme Court Decision Making On Criminal Justice, Christopher E. Smith

Marquette Law Review

None

Res Ipsa Non Loquitur: The Writing Of Opinions, Harold H. Kolb Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Determining Notoriety In Supreme Court Decisions , G. Edward White

Pepperdine Law Review

No abstract provided.

Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.

A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald

Pepperdine Law Review

A response to the article "Plessy v. Ferguson and the Anti-Canon," by Akhil Amar, published in the November 2011 issue of the "Pepperdine Law Review," is presented. Topics include an examination of Justice Henry Billings Brown's decision in the case, the constitutionality of segregating U.S. citizens by race, and the impact of public opinion on U.S. Supreme Court decisions.

Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar

Pepperdine Law Review

The article focuses on the U.S. Supreme Court case Plessy v. Ferguson, which dealt with the constitutionality of racial segregation in the U.S. Topics include the application of precedent in controversial U.S. Supreme Court cases, when the U.S. Constitution can overrule a court decision, and dissenting judicial opinions.

Circumstance And Strategy: Jointly Authored Supreme Court Opinions, Laura Krugman Ray

Nevada Law Journal

No abstract provided.

Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny, R. Randall Kelso, Charles D. Kelso

Pepperdine Law Review

No abstract provided.

The Rule Of Law For Judges, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.

The Judge As Author / The Author As Judge, Ryan B. Witte

Golden Gate University Law Review

The first section of this Article discusses the judge as an author. This section begins with an examination of the audience for judicial opinions and an outline of the different styles of judicial opinion writing. The second section of this Article examines the advantages and disadvantages of using literary tools to advance the law. The third section of this Article explores the role of the author as a judge. This section will study a small number of judges who, in addition to the law, maintain outside lives as authors or creative writers. Judges who fit into this category include authors …

The Appeal, Alex Kozinski, Alexander Volokh

Michigan Law Review

Appeal from the United States District Court. Hermann Bendemann, District Judge, Presiding. Argued and Submitted July 3, 1926. Filed May 1, 2005. Before: Alex K., Bucephalus and Godot, Circuit Judges. Opinion by Judge Alex K.

Foreword, Sam Hanson

William Mitchell Law Review

Introduction to issue of Recent Decisions of the Minnesota Supreme Court (from 2002-03 term).

Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau

University of Michigan Journal of Law Reform

In response to the "crisis of volume," state and federal appellate courts have been restricting the opinions they write to those opinions which will: (1) establish a new. rule of law or expand, alter, or modify an existing rule; (2) involve a legal issue of continuing public interest; (3) criticize existing law; or (4) resolve a conflict of authority. All other opinions are limited to brief statements of the reasons for the decision, go unpublished, and generally carry a prohibition against their being cited as precedent. Recently, critics have alleged a number of faults with this practice, including the supposed …

The Judicial Opinion And The Poem: Ways Of Reading, Ways Of Life, James Boyd White

Michigan Law Review

This paper is an essay in what I want to call the poetics of the law. I begin with a largely autobiographical account of what seems to me a striking similarity in the ways in which poetry and law once were taught - and to some degree still are taught, though perhaps less comfortably so. My first object is to suggest some connections: between these two kinds of thought and expression; between the ways in which we are habituated to read texts of each sort; and between the dilemmas that confront readers and critics in each field. In doing these …

The Meaning Of Judicial Self-Restraint, Richard A. Posner

Indiana Law Journal

No abstract provided.

The Opinions Of Hughes And Sutherland And The Rights Of The Individual, R. Perry Sentell, Jr.

Vanderbilt Law Review

A pair of tasks are undertaken by Mr. Sentell in this article: First, he analyzes and compares the opinions of Justices Sutherland and Hughes on the substantive and procedural rights of individuals, and cites both contemporary and present day comment on these opinions. Second, he probes the more difficult problem concerning the probability of judges of highly dissimilar philosophies and backgrounds reaching consistent agreement in particular areas of the law.

Doctrine Of Stare Decisis, Edward B. Whitney

Michigan Law Review

I am requested to present a paper whose theme is suggested by the Present Problems of Private Law, as distinguished from law that has a constitutional or international aspect. I doubt whether there is any other section of the Congress whose themes are so difficult to select. We cover, indeed, those branches that mainly concern the ordinary, plain, steady-going, stay-at-home, law-abiding citizen,-that multitude of questions among which most legal practitioners everywhere are wearing out their lives; working every day and all day upon Present Problems of Private Law. Each of those problems interests the parties to the particular litigation or …