Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 30

Full-Text Articles in Law

“Advice And Consent” In Historical Perspective, Russell L. Weaver Jun 2019

“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 Jun 2019

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 Jun 2019

Some Realism About Chevron, Russell L. Weaver

Russell L. Weaver

No abstract provided.


The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

Frambach V. Dunihue: The Most Underrated Decision, Russell L. Weaver

Russell L. Weaver

No abstract provided.


Cybersurveillance In A Free Society, Russell L. Weaver Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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 Oct 2008

Free Speech And Holocaust Denial, Russell L. Weaver

Russell L. Weaver

Even though no reputable historian denies the existence of the Holocaust, or the six million deaths that resulted, Holocaust denial is on the ascendance. The British Broadcasting Company has suggested that Holocaust survivors are aging and dying off, thereby resulting in more efforts to deny that the Holocaust ever really occurred. In addition, the development of the Internet, and the ease with which it can be accessed, has made it easier for Holocaust deniers to communicate with themselves and others. As one commentator noted, “hate has gone high tech. Hatemongers used to meet in dingy basements; now they meet online. …


Holocaust Denial And Governmentally Declared "Truth": French And American Perspectives, Russell L. Weaver Mar 2008

Holocaust Denial And Governmentally Declared "Truth": French And American Perspectives, Russell L. Weaver

Russell L. Weaver

This article examines the free speech implications of France's Gayssot Law prohibiting Holocaust Denial. Necessarily, the article examines competing considerations (e.g., the right to human equality and dignity).