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Full-Text Articles in Law

Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux Jan 2020

Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux

Articles

This Foreword is to the 27th Annual Ira C. Rothgerber Jr. Conference, National Injunctions: What Does the Future Hold?, which was hosted by The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado Law School, on Apr. 5, 2019.


Character Flaws, Frederic Bloom Jan 2018

Character Flaws, Frederic Bloom

Articles

Character evidence doctrine is infected by error. It is riddled with a set of pervasive mistakes and misconceptions—a group of gaffes and glitches involving Rule 404(b)’s “other purposes” (like intent, absence of accident, and plan) that might be called “character flaws.” This Essay identifies and investigates those flaws through the lens of a single, sensational case: United States v. Henthorn. By itself, Henthorn is a tale worth telling—an astonishing story of danger and deceit, malice and murder. But Henthorn is more than just a stunning story. It is also an example and an opportunity, a chance ...


Labor And Employment Law At The 2014-2015 Supreme Court: The Court Devotes Ten Percent Of Its Docket To Statutory Interpretation In Employment Cases, But Rejects The Argument That What Employment Law Really Needs Is More Administrative Law, Scott A. Moss Jan 2016

Labor And Employment Law At The 2014-2015 Supreme Court: The Court Devotes Ten Percent Of Its Docket To Statutory Interpretation In Employment Cases, But Rejects The Argument That What Employment Law Really Needs Is More Administrative Law, Scott A. Moss

Articles

No abstract provided.


Law, Violence, And The Neurotic Structure Of American Indian Law, Sarah Krakoff Jan 2014

Law, Violence, And The Neurotic Structure Of American Indian Law, Sarah Krakoff

Articles

No abstract provided.


The Judicial Assault On The Clean Water Act, Mark Squillace Jan 2012

The Judicial Assault On The Clean Water Act, Mark Squillace

Articles

No abstract provided.


Comment, Section 5 Constraints On Congress Through The Lens Of Article Iii And The Constitutionality Of The Employment Non-Discrimination Act, Craig Konnoth Jan 2011

Comment, Section 5 Constraints On Congress Through The Lens Of Article Iii And The Constitutionality Of The Employment Non-Discrimination Act, Craig Konnoth

Articles

The Employment Non-Discrimination Act (ENDA) that will (hopefully) soon prohibit discrimination against LGB, and ideally, T, individuals, allows state employees to sue states for this discrimination. Scholars and activists fear that these provisions will be struck down as violative of state sovereign immunity, using the Court's recent jurisprudence on Section 5 of the Fourteenth Amendment. This jurisprudence requires Congress to put forth evidence of past state violations of a defined constitutional right before it can subject states to suit. This Congress has done.

However, this Comment suggests that a new requirement of Section 5 legislation is in the works ...


The Courts Under President Obama, Scott A. Moss Jan 2009

The Courts Under President Obama, Scott A. Moss

Articles

No abstract provided.


Jurisdiction's Noble Lie, Frederic M. Bloom Jan 2009

Jurisdiction's Noble Lie, Frederic M. Bloom

Articles

This Article makes sense of a lie. It shows how legal jurisdiction depends on a falsehood--and then explains why it would.

To make this novel argument, this Article starts where jurisdiction does. It recounts jurisdiction's foundations--its tests and motives, its histories and rules. It then seeks out jurisdictional reality, critically examining a side of jurisdiction we too often overlook. Legal jurisdiction may portray itself as fixed and unyielding, as natural as the force of gravity, and as stable as the firmest ground. But jurisdiction is in fact something different. It is a malleable legal invention that bears a false ...


State Courts Unbound, Frederic M. Bloom Jan 2008

State Courts Unbound, Frederic M. Bloom

Articles

We may not think that state courts disobey binding Supreme Court precedent, but occasionally state courts do. In a number of important cases, state courts have actively defied apposite Supreme Court doctrine, and often it is the Court itself that has invited them to.

This Article shows state courts doing the unthinkable: flouting Supreme Court precedent, sometimes at the Court's own behest. The idea of state court defiance may surprise us. It is not in every case, after all, that state courts affirmatively disobey. But rare events still have their lessons, and we should ask how and why they ...


Unconstitutional Courses, Frederic M. Bloom Jan 2005

Unconstitutional Courses, Frederic M. Bloom

Articles

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 ...


Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser Jan 2001

Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser

Articles

Congress increasingly has enacted cooperative federalism programs to achieve complex regulatory policy objectives. Such programs combine the authority of federal regulators, state regulators, and federal courts in creative and often pathmarking ways, but the failure of these actors to appreciate fully their respective roles threatens to undermine cooperative federalism's effectiveness. In this Article, Professor Philip Weiser develops a coherent vision of how federal courts should enforce cooperative federalism regulatory programs. In particular, he relates the rise and purpose of cooperative federalism to the federal courts' increased reluctance to make federal common law under the Erie doctrine and their greater ...


Nationalized Political Discourse, Robert F. Nagel Jan 2001

Nationalized Political Discourse, Robert F. Nagel

Articles

No abstract provided.


Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser Jan 2001

Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser

Articles

In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law ...


Chevron, Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser Jan 1999

Chevron, Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser

Articles

No abstract provided.


Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss Jan 1997

Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss

Articles

No abstract provided.


Fact-Bargaining: An American Phenomenon, William T. Pizzi Jan 1996

Fact-Bargaining: An American Phenomenon, William T. Pizzi

Articles

No abstract provided.


Lessons From Reforming Inquisitorial Systems, William T. Pizzi Jan 1995

Lessons From Reforming Inquisitorial Systems, William T. Pizzi

Articles

No abstract provided.


Book Review, Richard B. Collins Jan 1990

Book Review, Richard B. Collins

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No abstract provided.


American Indians And The Bicentennial, Richard B. Collins Jan 1987

American Indians And The Bicentennial, Richard B. Collins

Articles

No abstract provided.


Controlling The Structural Injunction, Robert F. Nagel Jan 1984

Controlling The Structural Injunction, Robert F. Nagel

Articles

No abstract provided.


Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein Jan 1982

Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein

Articles

No abstract provided.


Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel Jan 1978

Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

Articles

No abstract provided.


Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller Jan 1978

Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller

Articles

No abstract provided.


Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi Jan 1977

Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi

Articles

No abstract provided.


The Consumer Class Action, Arthur H. Travers, Jr., Jonathan M. Landers Jan 1970

The Consumer Class Action, Arthur H. Travers, Jr., Jonathan M. Landers

Articles

No abstract provided.


The Statute Of Limitations In Antitrust Litigation, Carl H. Fulda, Howard C. Klemme Jan 1955

The Statute Of Limitations In Antitrust Litigation, Carl H. Fulda, Howard C. Klemme

Articles

No abstract provided.


The Statute Of Limitations In Antitrust Litigation Ii, Carl H. Fulda, Howard C. Klemme Jan 1955

The Statute Of Limitations In Antitrust Litigation Ii, Carl H. Fulda, Howard C. Klemme

Articles

No abstract provided.