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Full-Text Articles in Law
Book Review Of The Supreme Court And The American Elite, 1789-2008, By Lucas A. Powe, Jr., Joerg Knipprath
Book Review Of The Supreme Court And The American Elite, 1789-2008, By Lucas A. Powe, Jr., Joerg Knipprath
Journal of Legal Education
No abstract provided.
Federal Jurisdiction, Susan H. Handelman
Federal Jurisdiction, Susan H. Handelman
Golden Gate University Law Review
No abstract provided.
Unfairness In Access To And Citation Of Unpublished Federal Court Decisions, Peter Jan Honigsberg, James A. Dikel
Unfairness In Access To And Citation Of Unpublished Federal Court Decisions, Peter Jan Honigsberg, James A. Dikel
Golden Gate University Law Review
An unfair system has evolved over the past fifteen years in the federal courts. The federal courts changed the concept of stare decisis. In 1972, the Judicial Conference of the United States decided that they needed to reduce the increasing workload of the federal judges. The best way to do so, they thought, was to distinguish between decisions. Some would be worthy of publication and some would not be. Thus, federal judges were instructed to separate out those rulings which would be useful to future litigants or which did more than merely repeat and mechanically apply well-settled rules of law. …
Gender, Affirmative Action, And Recruitment To The Federal Bench, Elliot E. Slotnick
Gender, Affirmative Action, And Recruitment To The Federal Bench, Elliot E. Slotnick
Golden Gate University Law Review
In the analysis which follows, an effort will be made to assess the historical record of the appointment of women to the federal bench. Extended consideration will be given to the Carter administration's judicial recruitment behavior in an effort to assess the thrust and implications of the President's affirmative action concerns. How successful was Carter in appointing women to the federal judiciary and how did the women appointees differ, if at all, from their male colleagues? Do women appointees follow a different "path" to the bench than males? Did affirmative action "dilute" the quality of the federal bench as many …
Jurisdictional Discovery In United States Federal Courts, S. I. Strong
Jurisdictional Discovery In United States Federal Courts, S. I. Strong
Washington and Lee Law Review
No abstract provided.
Balancing Judicial Cognizance And Caution: Whether Transnational Corporations Are Liable For Foreign Bribery Under The Alien Tort Statute, Matt A. Vega
Michigan Journal of International Law
In the process of applying the ATS to foreign bribery, this Article will examine several unresolved issues surrounding this statutory grant. It will seek to (1) determine what constitutes a "violation of the law of nations," (2) refute the proposition that private defendants may be prosecuted under the ATS for only the most shocking and egregious jus cogens violations, (3) determine when and to what extent state action is required in ATS litigation, and (4) examine the limitations of the fundamental principles of international law on ATS litigation.
How States Can Protect Their Policies In Federal Class Actions, Lucas Watkins
How States Can Protect Their Policies In Federal Class Actions, Lucas Watkins
Campbell Law Review
The role of the states in our constitutional system is to protect their citizens and supply tort liability. Where federal law does not preempt state systems of liability, state law supplies the tort- and contract-based rules that govern the vast majority of the relationships in our society and economy. Some think that national rules of liability, or new national choice-of-law rules, should supplant today's state-by-state regulation. But until Congress enacts a comprehensive regulatory scheme, state law will control the causes of action that plaintiffs can bring. And the state law that controls the cause should control the way that the …
Freedom, Finality, And Federal Preemption: Seeking Expanded Judicial Review Of Arbitration Awards Under State Law After Hall Street, Brian T. Burns
Freedom, Finality, And Federal Preemption: Seeking Expanded Judicial Review Of Arbitration Awards Under State Law After Hall Street, Brian T. Burns
Fordham Law Review
When the U.S. Supreme Court decided Hall Street Associates, L.L.C. v. Mattel, Inc. in March 2008, the Court held that under the Federal Arbitration Act (FAA), parties to an arbitration agreement may not contractually expand the grounds for judicial review of an arbitration award beyond the grounds enumerated in the FAA. In dicta, however, the Court expressly left open the possibility that parties nonetheless may obtain expanded review by relying on state arbitration law, rather than the FAA. This Note examines the availability of contractually expanded review under state law and addresses the question of whether, in light of Hall …
New Pleading, New Discovery, Scott Dodson
New Pleading, New Discovery, Scott Dodson
Michigan Law Review
Pleading in federal court has a new narrative. The old narrative was one of notice, with the goal of broad access to the civil justice system. New Pleading, after the landmark Supreme Court cases of Twombly and Iqbal, is focused on factual sufficiency, with the purpose of screening out meritless cases that otherwise might impose discovery costs on defendants. The problem with New Pleading is that factual insufficiency often is a poor proxy for meritlessness. Some plaintifs lack sufficient factual knowledge of the elements of their claims not because the claims lack merit but because the information they need is …
Structure And Precedent, Jeffrey C. Dobbins
Structure And Precedent, Jeffrey C. Dobbins
Michigan Law Review
The standard model of vertical precedent is part of the deep structure of our legal system. Under this model, we rarely struggle with whether a given decision of a court within a particular hierarchy is potentially binding at all. When Congress or the courts alter the standard structure and process offederal appellate review, however, that standard model of precedent breaks down. This Article examines several of these unusual appellate structures and highlights the difficulties associated with evaluating the precedential effect of decisions issued within them. For instance, when Congress consolidates challenges to agency decision making in a single federal circuit, …