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Articles 1 - 25 of 25
Full-Text Articles in Law
The Non-Waivability Of Aedpa Deference's Applicability, Andrew L. Adler
The Non-Waivability Of Aedpa Deference's Applicability, Andrew L. Adler
University of Miami Law Review
No abstract provided.
Back To The Future, Sergio J. Campos
Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn
Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn
Articles
Brazil has developed one of the most complex systems of judicial review in the world. In addition, it has developed a wide variety of constitutional actions for the purpose of protecting the huge number of constitutional rights conferred by its lengthy Constitution. In theory, constitutional rights can be protected in ordinary actions. Because ordinary actions typically take a great many years to resolve in Brazil, the framers of the 1988 Constitution, building on Brazil's prior constitutions and foreign models, constitutionalized a wide array of procedural devices to try to assure that the huge number of individual, social and economic rights …
Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless
Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless
Articles
No abstract provided.
The Conscience Of A Court, Girardeau A. Spann
The Conscience Of A Court, Girardeau A. Spann
University of Miami Law Review
No abstract provided.
Keeping It Real: Judicial Review Of Asylum Credibility Determinations In The Eleventh Circuit After The Real Id Act, Tania Galloni
Keeping It Real: Judicial Review Of Asylum Credibility Determinations In The Eleventh Circuit After The Real Id Act, Tania Galloni
University of Miami Law Review
No abstract provided.
Marbury V. Madison And Its Impact On Israeli Constitutional Law, Yoram Rabin, Arnon Gutfel
Marbury V. Madison And Its Impact On Israeli Constitutional Law, Yoram Rabin, Arnon Gutfel
University of Miami International and Comparative Law Review
No abstract provided.
Saving Constitutional Rights From Judicial Scrutiny: The Savings Clause In The Law Of The Commonwealth Caribbean, Margaret A. Burham
Saving Constitutional Rights From Judicial Scrutiny: The Savings Clause In The Law Of The Commonwealth Caribbean, Margaret A. Burham
University of Miami Inter-American Law Review
No abstract provided.
Equality And The Forms Of Justice, Susan Sturm
Equality And The Forms Of Justice, Susan Sturm
University of Miami Law Review
No abstract provided.
The Indispensable State, Irwin P. Stotzky
The Indispensable State, Irwin P. Stotzky
University of Miami Law Review
No abstract provided.
The Office Of The Oath, Patrick O. Gudridge
Judicial Review In Brazil: Developments Under The 1988 Constitution, Keith S. Rosenn
Judicial Review In Brazil: Developments Under The 1988 Constitution, Keith S. Rosenn
Articles
No abstract provided.
The Constitutional Court: A Bulgarian Response To Obsolescent Law, David A. Levy
The Constitutional Court: A Bulgarian Response To Obsolescent Law, David A. Levy
University of Miami International and Comparative Law Review
No abstract provided.
The End Justifies The Means: Affirmative Action, Standards Of Review, And Justice White, Christopher S. Miller
The End Justifies The Means: Affirmative Action, Standards Of Review, And Justice White, Christopher S. Miller
University of Miami Law Review
No abstract provided.
Judicial Review, Copyrightability And The Register's Discretion: A New Direction, James A. Booth, E. J. Yera
Judicial Review, Copyrightability And The Register's Discretion: A New Direction, James A. Booth, E. J. Yera
University of Miami Entertainment & Sports Law Review
No abstract provided.
Compelling Arbitration And The Judicial Review Of Arbitral Awards, Alan C. Swan
Compelling Arbitration And The Judicial Review Of Arbitral Awards, Alan C. Swan
University of Miami Inter-American Law Review
No abstract provided.
Act Of State And Political Question Doctrine: Judicial Prudence Or Abdication?, Anne Martragono
Act Of State And Political Question Doctrine: Judicial Prudence Or Abdication?, Anne Martragono
University of Miami Inter-American Law Review
No abstract provided.
The Courts And Social Policy: Substance And Procedure, Henry J. Friendly
The Courts And Social Policy: Substance And Procedure, Henry J. Friendly
University of Miami Law Review
Judge Friendly admits that the courts must address themselves in some instances to issues of social policy. He would prefer, however, that a court rest its decision on an ascertainable jural principle rather than support its decision on the basis of its conception of what is desirable social policy. When courts do rely on social or economic data, they should observe procedural fairness as a goal in its own right and as a tool towards obtaining correct and complete information. When the economic and social data is indeterminate, a court should refuse to base its decision on such information. If …
The Adversary Society: Keynote Address Of The Third Annual Baron De Hirsch Meyer Lecture Series, William H. Rehnquist
The Adversary Society: Keynote Address Of The Third Annual Baron De Hirsch Meyer Lecture Series, William H. Rehnquist
University of Miami Law Review
In recent years litigants have pressed the courts to resolve disputes which were formerly regulated by other social and political institutions. Mr. Justice Rehnquist stresses the crucial importance of nongovernmental institutions in our society. He discusses the need to evaluate the disruptive effect of an adversary proceeding between parties who must continue in an ongoing relationship after their dispute has been settled. The author then suggests that in order to preserve certain social institutions, limits must be placed on the use of adversary proceedings.
Seven Pluralist Fallacies: In Defense Of The Adversary Process-A Reply To Justice Rehnquist, Laurence H. Tribe
Seven Pluralist Fallacies: In Defense Of The Adversary Process-A Reply To Justice Rehnquist, Laurence H. Tribe
University of Miami Law Review
The author analyzes the role of litigation in a pluralistic society through his discussion of the "pluralist's fallacies," seven characteristic errors underlying much opposition to judicial activism. He advocates a large and active role for the adversary process in order to ensure that less established groups have a forum in which to protect their interests.
Beyond Legitimacy, Steven Wisotsky
Beyond Legitimacy, Steven Wisotsky
University of Miami Law Review
The author analyzes the scholarly debate over the legitimacy of the institution of judicial review. He suggests that, as a reaction to unjustified criticism of the institution, defenders of judicial review have articulated propositions which advance constitutional jurisprudence beyond the issue of legitimacy. He argues that the time has come for courts to de-emphasize prudential considerations and to concentrate on the substantive correctness of their decisions and on the standards of review which the courts employ.
Authority And Autonomy: The State, The Individual And The Family, M. David Gelfand
Authority And Autonomy: The State, The Individual And The Family, M. David Gelfand
University of Miami Law Review
This commentary focuses primarily upon the views expressed by Justice Rehnquist in his de Hirsch Meyer lecture. The author argues that a corollary to Justice Rehnquist's view that the judiciary should defer to the authority of private institutions over the individual, to protect those institutions, would be to adopt a judicial attitude of supporting private institutions against legislative interference. An examination of Justice Rehnquist's judicial opinions in the area of constitutional family law reveals exactly the opposite position. The author concludes that Justice Rehnquist's position of judicial deference to legislative decisions over the family may lead to destruction of the …
The Judging Class, Kenneth M. Casebeer
The Judging Class, Kenneth M. Casebeer
University of Miami Law Review
The author traces the common thread running through the analysis of judicial review by the symposium speakers. He posits that while all three speakers support equally activist positions, their allegiance to divergent values and political theories results in their opposed statements on the activist debate. He compares the dialogue in this symposium to that of the Justices in the 1940's, which discourse explicitly was grounded in a struggle over values. The author concludes that courts must structure the form of their opinions in a manner which clearly demonstrates the relationship between the chosen social values and the resulting decision.
The Basis Of Judicial Review Of Legislation In The New Commonwealth And The United States Of America: A Comparative Analysis, F. R. Alexis
The Basis Of Judicial Review Of Legislation In The New Commonwealth And The United States Of America: A Comparative Analysis, F. R. Alexis
University of Miami Inter-American Law Review
No abstract provided.
Judicial Review In Latin America, Keith S. Rosenn