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Articles 1 - 18 of 18
Full-Text Articles in Law
Preface: Annual Survey 2017, Brian M. Melnyk
Preface: Annual Survey 2017, Brian M. Melnyk
University of Richmond Law Review
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Catalogs, Alex Stein, Gideon Parchomovsky
Catalogs, Alex Stein, Gideon Parchomovsky
Alex Stein
It is a virtual axiom in the world of law that legal norms come in two prototypes: rules and standards. The accepted lore suggests that rules should be formulated to regulate recurrent and frequent behaviors, whose contours can be defined with sufficient precision. Standards, by contrast, should be employed to address complex, variegated, behaviors that require the weighing of multiple variables. Rules rely on an ex ante perspective and are therefore considered the domain of the legislator; standards embody a preference for ex post, ad-hoc, analysis and are therefore considered the domain of courts. The rules/standards dichotomy has become a …
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Pepperdine Law Review
No abstract provided.
Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics , Erin Brady
Pepperdine Law Review
No abstract provided.
Thinking Like A Lawyer Abroad: Putting Justice Into Legal Reasoning, James Maxeiner
Thinking Like A Lawyer Abroad: Putting Justice Into Legal Reasoning, James Maxeiner
All Faculty Scholarship
Americans are taking new interest in legal reasoning. Thinking Like a Lawyer: A New Introduction to Legal Reasoning by Professor Frederick Schauer suggests why. According to Schauer, American legal methods often require decision-makers “to do something other than the right thing.” There has got to be a better way.
Now comes a book that offers Americans opportunities to look into a world where legal methods help decision-makers do the right thing. According to Reinhard Zippelius in his newly published Introduction to German Legal Methods, German legal methods help decision makers resolve legal problems “in a just and equitable manner.”
This …
Unconstitutional Courses, Frederic M. Bloom
Unconstitutional Courses, Frederic M. Bloom
Publications
By now, we almost expect Congress to fail. Nearly every time the federal courts announce a controversial decision, Congress issues a call to rein in "runaway" federal judges. And nearly every time Congress makes a "jurisdiction-stripping" threat, it comes to nothing.
But if Congress's threats possess little fire, we have still been distracted by their smoke. This Article argues that Congress's noisy calls have obscured another potent threat to the "judicial Power": the Supreme Court itself. On occasion, this Article asserts, the Court reshapes and abuses the "judicial Power"--not through bold pronouncements or obvious doctrinal revisions, but through something more …
6th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2004, Department Of Attorney General, State Of Rhode Island
6th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2004, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
3rd Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2001, Department Of The Attorney General, State Of Rhode Island
3rd Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2001, Department Of The Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Bankruptcy Reform: An Orderly Development Of Public Policy , William T. Bodoh, Lawrence P. Dempsey
Bankruptcy Reform: An Orderly Development Of Public Policy , William T. Bodoh, Lawrence P. Dempsey
Cleveland State Law Review
In legislating the pending bankruptcy "reform," Congress has made many of the key decisions behind closed doors. In fact, the process has been characterized as a congressional effort to pass a "stealth bankruptcy bill." This secrecy brings into question the democratic nature of congressional deliberation. When the Framers designed the legislative branch, open debate was envisioned as the rule, not the exception. Unfortunately, Congress has adopted a secretive, approach to pushing through recent bankruptcy legislation. In a sharp departure from the decades-long congressional approach to bankruptcy legislation, "Congress stopped seeking expert advice and instead turned to special interest lobbyists…” Thus, …
Prosecuting And Defending Violations Of Genocide And Humanitarian Law: The International Tribunal For The Former Yugoslavia, Christopher L. Blakesley
Prosecuting And Defending Violations Of Genocide And Humanitarian Law: The International Tribunal For The Former Yugoslavia, Christopher L. Blakesley
Scholarly Works
A symposium discussing the international war crimes tribunal for the former Yugoslavia, established by the United Nations Security Council’s . Christopher L. Blakesley discussed the procedural aspects of the War Crimes Tribunal.
Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley
Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley
Scholarly Works
In 1878 Cardaillac defined extradition as “the right for a State on the territory of which an accused or convicted person has take refuge, to deliver him up to another State wich has requisitioned his return and is competent to judge and punish him.” The term “extradition” was imported to the United States from France, where the decret-loi of Febraury 19, 1791, appears to be the first official document to have used the term. The term is not found in treaties or conventions until 1828. The Latin equivalent to extradition, “tradere”, is not found in early Latin works, but the …
Legal Institute, Michigan Law Review
Legal Institute, Michigan Law Review
Michigan Law Review
Following its very successful Law Institute of last year, when more than one hundred and seventy-five lawyers from all parts of the United States gathered on its campus to spend three days in earnest study of certain recent developments in the law, the University of Michigan Law School has decided to make the Institute an annual event.
Recurso Contencioso Administrativo., Mario Díaz Cruz
Recurso Contencioso Administrativo., Mario Díaz Cruz
Index of Cuban Law and Jurisprudence / Indice a la Legislación y Jurisprudencia Cubana
Recurso Contencioso Administrativo, Ley, Reglamento y Ley del Procedimiento Administrativo