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Articles 1 - 30 of 30
Full-Text Articles in Law
“Advice And Consent” In Historical Perspective, Russell L. Weaver
“Advice And Consent” In Historical Perspective, Russell L. Weaver
Russell L. Weaver
In recent years, commentators have complained about what they regard as an increasingly dysfunctional confirmation process for judges and high-ranking executive officials, and the proper role for the Senate in the confirmation process has been much debated. This Article suggests that confirmations have been contentious throughout American history, and that the focus on ideological issues in today’s confirmation proceedings is not anomalous. Indeed, historically, both Republicans and Democrats have used the confirmation process to delay or oppose nominations when the President hails from a different political party, and, sometimes, even when the President comes from the same party but there …
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver
Russell L. Weaver
This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests …
Some Realism About Chevron, Russell L. Weaver
The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver
The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver
Russell L. Weaver
Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …
Restitution: Ancient Wisdom, David F. Partlett, Russell L. Weaver
Restitution: Ancient Wisdom, David F. Partlett, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Remedies, Neutral Rules And Free Speech, David F. Partlett, Russell L. Weaver
Remedies, Neutral Rules And Free Speech, David F. Partlett, Russell L. Weaver
Russell L. Weaver
In general, plaintiffs’ ability to obtain substantial damages against media defendants is directly proportional to their ability to obtain so called “publication damages.”...In future cases, the courts may be forced to deal more straightforwardly with the First Amendment issues. In Sanders, the court avoided those issues because they were not raised. As a result, the court left open the possibility that, even in an intrusion case a media defendant might be allowed to show that the invasion of privacy was “justified by the legitimate motive of gathering the news.”...Moreover, the very existence of the litigation undoubtedly has a negative impact …
Retroactive Regulatory Interpretations: An Analysis Of Judicial Responses, Russell L. Weaver
Retroactive Regulatory Interpretations: An Analysis Of Judicial Responses, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Reliability, Justice And Confessions: The Essential Paradox, Russell L. Weaver
Reliability, Justice And Confessions: The Essential Paradox, Russell L. Weaver
Russell L. Weaver
This paper deals with the issue of "reliability" in the criminal justice process, and the rising number of wrongful convictions that have been identified in recent years. Using modern evidentiary techniques, a rising number of individuals have been found "innocent" of the crimes for which they have been convicted. These instances of wrongful conviction have involved individuals who spent time on death row, awaiting execution, only to be completely exonerated. There are various reasons for these wrongful convictions, including prosecutorial misconduct and systemic failures such as inadequate indigent representation. This paper focuses on another systemic failure: difficulties with the confessions …
Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Russell L. Weaver, Geoffrey Bennett
Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Russell L. Weaver, Geoffrey Bennett
Russell L. Weaver
No abstract provided.
Lopez And The Federalization Of Criminal Law, Russell L. Weaver
Lopez And The Federalization Of Criminal Law, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Law Of Private Nuisance In Missouri, The , Russell L. Weaver
Law Of Private Nuisance In Missouri, The , Russell L. Weaver
Russell L. Weaver
No abstract provided.
Langdell's Legacy: Living With The Case Method, Russell L. Weaver
Langdell's Legacy: Living With The Case Method, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Introduction: Comparative Papers From The Administrative Law Discussion Forum, Russell L. Weaver
Introduction: Comparative Papers From The Administrative Law Discussion Forum, Russell L. Weaver
Russell L. Weaver
Abstract
Introduction—Second Remedies Discussion Forum: Restitution, David F. Partlett, Russell L. Weaver
Introduction—Second Remedies Discussion Forum: Restitution, David F. Partlett, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Introduction: Fifth Remedies Discussion Forum, Russell L. Weaver
Introduction: Fifth Remedies Discussion Forum, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Introduction: Fourth Remedies Discussion Forum, David F. Partlett, Russell L. Weaver
Introduction: Fourth Remedies Discussion Forum, David F. Partlett, Russell L. Weaver
Russell L. Weaver
Introduction to the articles in this section...Three of the articles provide an overview on the subject...The next two articles suggest the desirability of a historical approach to tort reform...A couple of articles focus on the problem of statutory damage and appeal bond caps...A couple of articles question the efficacy and legitimacy of prior tort reforms, both legislative and judicial...The last article in this section, Professor Michael Kelly’s What Makes the Collateral Source Rule Different?, analyzes Paul H. Rubin and Joanna M. Sheperd’s working paper on a “correlation between tort reforms and the rate of fatal accidents in the states which …
Frambach V. Dunihue: The Most Underrated Decision, Russell L. Weaver
Frambach V. Dunihue: The Most Underrated Decision, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Cybersurveillance In A Free Society, Russell L. Weaver
Cybersurveillance In A Free Society, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Does "Practicality" Have A Place In The "Canon Of Constitutional Law"?, Russell L. Weaver
Does "Practicality" Have A Place In The "Canon Of Constitutional Law"?, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Creation Of Transnational Administrative Structures Governing Internet Communication, The , Russell L. Weaver, Duncan Fairgrieve, Francois Lichere
Creation Of Transnational Administrative Structures Governing Internet Communication, The , Russell L. Weaver, Duncan Fairgrieve, Francois Lichere
Russell L. Weaver
No abstract provided.
Evaluating Regulatory Interpretations: Individual Statements, Russell L. Weaver
Evaluating Regulatory Interpretations: Individual Statements, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Deliberative Process Privilege, The, Russell L. Weaver, James T.R. Jones
Deliberative Process Privilege, The, Russell L. Weaver, James T.R. Jones
Russell L. Weaver
No abstract provided.
Deference To Agency Interpretations Of Regulations: A Post-Chevron Assessment, Thomas A. Schweitzer, Russell L. Weaver
Deference To Agency Interpretations Of Regulations: A Post-Chevron Assessment, Thomas A. Schweitzer, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Constitutional Law-Civil Rights: Towards Resolving 42 U.S.C. 1981 With The Right To Privacy And The Right To Associate, Russell L. Weaver
Constitutional Law-Civil Rights: Towards Resolving 42 U.S.C. 1981 With The Right To Privacy And The Right To Associate, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Civil Procedure-Jurisdiction-Quasi In Rem Jurisdiction And The International Shoe Minimum Contacts Doctrine, Russell L. Weaver
Civil Procedure-Jurisdiction-Quasi In Rem Jurisdiction And The International Shoe Minimum Contacts Doctrine, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver
Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Administrative Searches, Technology And Personal Privacy, Russell L. Weaver
Administrative Searches, Technology And Personal Privacy, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Bp Oil Spill: Compensation, Agency Costs,And Restitution, David F. Partlett, Russell L. Weaver
Bp Oil Spill: Compensation, Agency Costs,And Restitution, David F. Partlett, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Free Speech And Holocaust Denial, Russell L. Weaver
Free Speech And Holocaust Denial, Russell L. Weaver
Russell L. Weaver
Holocaust Denial And Governmentally Declared "Truth": French And American Perspectives, Russell L. Weaver
Holocaust Denial And Governmentally Declared "Truth": French And American Perspectives, Russell L. Weaver
Russell L. Weaver