Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- St. Mary's University (14)
- UIC School of Law (12)
- University of Michigan Law School (8)
- Barry University School of Law (6)
- New York Law School (5)
-
- Vanderbilt University Law School (4)
- American University Washington College of Law (3)
- University of Oklahoma College of Law (2)
- University of Richmond (2)
- University of San Diego (2)
- Cleveland State University (1)
- Fordham Law School (1)
- Institute of Business Administration (1)
- University of Baltimore Law (1)
- University of California, Irvine School of Law (1)
- University of Georgia School of Law (1)
- University of the District of Columbia School of Law (1)
- Villanova University Charles Widger School of Law (1)
- William & Mary Law School (1)
- Keyword
-
- St. Mary’s University School of Law (12)
- St. Mary’s Law Journal (11)
- United States Supreme Court (7)
- Jurisprudence (4)
- Due process (3)
-
- Reliability (3)
- Sovereign immunity (3)
- Student comment (3)
- Constitution (2)
- Crawford v. Washington (2)
- Decision making (2)
- Elections (2)
- First Amendment (2)
- Good faith (2)
- Hearsay (2)
- History (2)
- Inc. (2)
- Indigenous land claims (2)
- Indigenous peoples (2)
- International law (2)
- Judicial review (2)
- Precedents (2)
- Sixth Amendment (2)
- Supreme Court (2)
- (b) (1)
- 1343 (1)
- 1632-1704 (1)
- 18 U.S.C. § 1346 (1)
- 18 U.S.C. § 1951 (1)
- 18 U.S.C. § 666(a)(1)(B) (1)
- Publication
-
- St. Mary's Law Journal (14)
- UIC Law Review (12)
- Michigan Law Review (8)
- Barry Law Review (6)
- NYLS Law Review (5)
-
- Vanderbilt Journal of Transnational Law (4)
- American Indian Law Review (2)
- San Diego Law Review (2)
- University of Richmond Law Review (2)
- American University Journal of Gender, Social Policy & the Law (1)
- American University Law Review (1)
- Business Review (1)
- Cleveland State Law Review (1)
- Fordham Urban Law Journal (1)
- Georgia Law Review (1)
- Legislation and Policy Brief (1)
- UC Irvine Law Review (1)
- University of Baltimore Law Review (1)
- University of the District of Columbia Law Review (1)
- Villanova Law Review (1)
- William & Mary Journal of Race, Gender, and Social Justice (1)
Articles 61 - 67 of 67
Full-Text Articles in Law
Home Sweet Homestead - Not If You Are Subject To A Mandatory Homeowners' Association., Bridget M. Fuselier
Home Sweet Homestead - Not If You Are Subject To A Mandatory Homeowners' Association., Bridget M. Fuselier
St. Mary's Law Journal
Changes must be made to current Texas laws to strike a proper balance between the homeowners’ rights and the homeowners association’s (HOA) rights. The Texas Supreme Court’s decision in Inwood North Homeowners’ Ass’n v. Harris allows liens to attach to what would otherwise be considered homestead-protected property. Although the promise in Inwood was set forth in writing, touched and concerned the land, was intended to run with the land, and was properly recorded, that did not create a contractual lien. The court, however, incorrectly combined the concepts of liens and covenants. Furthermore, the court seemed to ignore the important and …
The Constitutionality Of Collateral Post-Conviction Claims Of Actual Innocence Comment., Craig M. Jacobs
The Constitutionality Of Collateral Post-Conviction Claims Of Actual Innocence Comment., Craig M. Jacobs
St. Mary's Law Journal
The notion that the state can punish innocent people disrupts public confidence in the usefulness of the criminal justice system. If, by legislative design, the criminal justice system is not concerned with or is accepting of situations where innocent people are punished by the state, should courts take immediate action? Once criminal defendants exhaust the appellate process, Supreme Court Justices have stated, federal courts should not hear claims of actual innocence. Such statements are supported by the federal habeas corpus statute as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). AEDPA requires federal habeas courts to …
International Law As Law, Law As A System Of Rule-Governed Conduct, John Lawrence Hargrove
International Law As Law, Law As A System Of Rule-Governed Conduct, John Lawrence Hargrove
Villanova Law Review
The article discusses international law and systems of rule-governed conduct as of July 2011, focusing on the roles of claimants and recalcitrants in a legal system, as well as the international law mechanisms for developing additional rules within a legal system. The views of philosopher John Locke regarding the law are examined, including his idea of a common judge.
The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag
The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag
NYLS Law Review
No abstract provided.
Citizens United And The Illusion Of Coherence, Richard L. Hasen
Citizens United And The Illusion Of Coherence, Richard L. Hasen
Michigan Law Review
The self-congratulatory tone of the majority and concurring opinions in last term's controversial Supreme Court blockbuster, Citizens United v. Federal Election Commission, extended beyond the trumpeting of an absolutist vision of the First Amendment that allows corporations to spend unlimited sums independently to support or oppose candidates for office. The triumphalism extended to the majority's view that it had imposed coherence on the unwieldy body of campaign finance jurisprudence by excising an "outlier" 1990 opinion, Austin v. Michigan Chamber of Commerce, which had upheld such corporate limits, and parts of a 2003 opinion, McConnell v. FEC, extending Austin to unions …
Stipulating The Law, Gary Lawson
Stipulating The Law, Gary Lawson
Michigan Law Review
In Free Enterprise Fund v. Public Company Accounting Oversight Board, the Supreme Court decided important questions of structural constitutionalism on the assumption, shared by all of the parties, that members of the Securities and Exchange Commission are not removable at will by the president. Four Justices strongly challenged the majority's willingness to accept what amounts to a stipulation by the parties to a controlling issue of law. As a general matter the American legal system does not allow parties to stipulate to legal conclusions, though it welcomes and encourages stipulations to matters of fact. I argue that one ought to …
Horizontal Erie And The Presumption Of Forum Law, Michael Steven Green
Horizontal Erie And The Presumption Of Forum Law, Michael Steven Green
Michigan Law Review
According to Erie Railroad v. Tompkins and its progeny, a federal court interpreting state law must decide as the state's supreme court would. In this Article, I argue that a state court interpreting the law of a sister state is subject to the same obligation. It must decide as the sister state's supreme court would. Horizontal Erie is such a plausible idea that one might think it is already established law. But the Supreme Court has in fact given state courts significant freedom to misinterpret sister-state law. And state courts have taken advantage of this freedom, by routinely presuming that …