Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisprudence (10)
- State and Local Government Law (8)
- Courts (6)
- Environmental Law (5)
- Health Law and Policy (5)
-
- Immigration Law (5)
- Law and Society (5)
- Legal Ethics and Professional Responsibility (5)
- Military, War, and Peace (5)
- Oil, Gas, and Mineral Law (5)
- Criminal Law (3)
- Criminal Procedure (3)
- Judges (3)
- Jurisdiction (3)
- Litigation (3)
- Administrative Law (2)
- Common Law (2)
- Constitutional Law (2)
- Legal Remedies (2)
- Admiralty (1)
- Business Organizations Law (1)
- Civil Procedure (1)
- Estates and Trusts (1)
- Evidence (1)
- Food and Drug Law (1)
- Fourth Amendment (1)
- Law of the Sea (1)
- Legal Education (1)
- Legal Profession (1)
- Institution
- Publication Year
Articles 1 - 22 of 22
Full-Text Articles in Law
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson
Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson
St. Mary's Law Journal
Abstract forthcoming
Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, Adam S. Bohanan
Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, Adam S. Bohanan
Ocean and Coastal Law Journal
In maritime personal injury cases, courts have traditionally seen prejudgment interest as part of the compensation due to a prevailing plaintiff. The goal of ensuring the fullest compensation possible has long been recognized as a basic principle of admiralty law. However, federal appellate courts are split over whether to award prejudgment interest on a mixed claim under general maritime law and the Jones Act. This Note explores this issue in Nevor v. Moneypenny Holdings, LLC, which was the first time the question had been raised in the First Circuit. The Fifth and Sixth Circuits have held that because prejudgment interest …
Abuse Of Discretion: Maine's Application Of A Malleable Appellate Standard, Andrew M. Mead
Abuse Of Discretion: Maine's Application Of A Malleable Appellate Standard, Andrew M. Mead
Maine Law Review
It is not unusual for an appellate court to simply announce: “In the circumstances of this case, the trial justice did not abuse his discretion ....” No further clarification or elaboration is offered by the learned justices of the court. The parties are left with a final judgment, but little understanding of the appellate court's review process. Although the objective of finality is satisfied, the objective of clarity is ignored. When litigants and counsel are faced with similar factual or legal circumstances in the future, they remain without guidance or insight into the factors that the appellate court deemed to …
Supreme Court, New York County, People V. Smith, Jessica Miller
Supreme Court, New York County, People V. Smith, Jessica Miller
Touro Law Review
No abstract provided.
Mandamus Review Of The Granting Of The Motion For New Trial: Lost In The Thicket., Richard E. Flint
Mandamus Review Of The Granting Of The Motion For New Trial: Lost In The Thicket., Richard E. Flint
St. Mary's Law Journal
A trial court’s broad discretion in granting a new trial has been one of the mainstays of Texas jurisprudence since early statehood. Historically, this discretion was not subject to review through the ordinary appellate processes. This principle remains inviolate today, as the granting of a new trial is an interlocutory order from which the appellate courts of Texas do not have jurisdiction. Furthermore, the use of an original mandamus proceeding to compel a trial court to set aside the granting of a new trial has had only limited application. However, in response to the case of In re Columbia Medical …
Hall's Standards Of Review In Texas., W. Wendell Hall, O. Rey Rodriguez, Rosemarie Kanusky, Mark Emery
Hall's Standards Of Review In Texas., W. Wendell Hall, O. Rey Rodriguez, Rosemarie Kanusky, Mark Emery
St. Mary's Law Journal
Standards of review distribute power within the judicial branch by defining the relationship between trial and appellate courts. These standards “frame the issues, define the depth of review, assign power among judicial actors, and declare the proper materials to review.” Standards of review are the cornerstones of appeals. These standards must be woven into the discussion of the facts and substantive law in a manner which persuades the appellate court that the trial court erred. Litigants must measure their factual and legal arguments against the appropriate rubric to write an effective and persuasive brief. Appellate judges agree that mechanical recitation …
Procedural And Judicial Limitations On Voir Dire - Constitutional Implications And Preservation Of Error In Civil Cases., R. Brent Cooper, Diana L. Faust
Procedural And Judicial Limitations On Voir Dire - Constitutional Implications And Preservation Of Error In Civil Cases., R. Brent Cooper, Diana L. Faust
St. Mary's Law Journal
The right to a trial by jury is meaningless without an effective voir dire. Recurring tort reform, rapid technological advancements, immediate access to media coverage of incidents that give rise to litigation have greatly expanded. Consequentially, courts are faced with the prospect that potential jurors’ opinions and attitudes have been tainted. In addition to these issues, trial courts display significant interest in promptly expediting the advancement of their dockets. Voir dire is an essential element of trial strategy. Voir dire allows counsel to establish rapport with potential jurors, introduce them to the issues and facts of the case, and identify …
The Primary Jurisdiction Doctrine: Competing Standards Of Appellate Review, Aaron J. Lockwood
The Primary Jurisdiction Doctrine: Competing Standards Of Appellate Review, Aaron J. Lockwood
Washington and Lee Law Review
No abstract provided.
2003 Texas House Bill 4: Unanimous Exemplary Damage Awards And Texas Civil Jury Instructions., Patricia F. Miller
2003 Texas House Bill 4: Unanimous Exemplary Damage Awards And Texas Civil Jury Instructions., Patricia F. Miller
St. Mary's Law Journal
Lawmakers and other supporters of tort reform generally describe enacted tort reform legislation as having a positive effect on consumers. But tort reform can create new hurdles for plaintiffs seeking damage awards in civil litigation. The Texas Legislature’s 2003 House Bill 4 (H.B. 4) amendment to the Texas Civil Practice and Remedies Code (Code) represents the most recent example of major tort reform in Texas. It has yet to be seen whether H.B. 4 will meet promised expectations. What is clear is H.B. 4 will adversely affect Texas plaintiffs seeking exemplary (punitive) damages from a jury. The H.B. 4 amendment …
Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis
Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis
The Journal of Appellate Practice and Process
The applicable standard of review determines how much deference an appellate court gives a lower court’s decision. Discretionary decisions are review under the “abuse of discretion” standard where the process the lower court used to reach its decision is scrutinized. Three scholars attempts to define this standard are first analyzed followed by cases that have molded the standard. Advice to practitioners concludes the article.
The Commissioner's Clear Reflection Of Income Power Under 446(B) And The Abuse Of Discretion Standard Of Review: Where Has The Rule Of Law Gone, And Can We Get It Back?, Jennifer C. Root
Akron Tax Journal
This article will first examine the evolution of the rule of law by examining the conceptual frameworks proposed by scholars to analyze the rule of law. The foundations of the rule of law taken from these scholars will be condensed into several principles applicable to modem tax law. These principles will then be used to illustrate how both discretion and adherence to the written law are necessary in order to promote a workable system of tax law promulgation, administration, and interpretation. The next section of this article will examine §446 of the Internal Revenue Code and the Commissioner's clear reflection …
Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat
Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat
Touro Law Review
No abstract provided.
Tdhs V. E.B., The Coup De Grace For Special Issues., John J. Sampson
Tdhs V. E.B., The Coup De Grace For Special Issues., John J. Sampson
St. Mary's Law Journal
Although the bench and bar have been recalcitrant in recognition, the Texas Supreme Court has declared the special interest experiment a failure. For nearly eighty years Texas has engaged in an experiment requiring juries answer specific, factually detailed inquiries in various circumstances. The theoretical justifications of special issue inquiries were to ease appeals processes and add clarity to jury decisions. Although the goals were meritorious, the actual result was jury confusion, inefficiency, complexity, and too many retrials. The Texas Supreme Court’s ruling in TDHS v. EB signals the end of special issues and mandates the use of broad form submissions. …
Standard Of Appellate Review Of Rule 11 Decisions, Louis Greco
Standard Of Appellate Review Of Rule 11 Decisions, Louis Greco
Fordham Law Review
No abstract provided.
Civil Procedure—Rule 42(B)—Bifurcation Of The Issues Of Liability And Damages At Trial, Margaret Gammill
Civil Procedure—Rule 42(B)—Bifurcation Of The Issues Of Liability And Damages At Trial, Margaret Gammill
University of Arkansas at Little Rock Law Review
No abstract provided.
Property Division And Alimony Awards: A Survey Of Statutory Limitations On Judicial Discretion, Mary Jane Connell
Property Division And Alimony Awards: A Survey Of Statutory Limitations On Judicial Discretion, Mary Jane Connell
Fordham Law Review
No abstract provided.
Corporations-Stockholder's Suit To Compel Declaration Of Dividends- Necessity Of Directors As Parties, Daniel A. Isaacson S.Ed.
Corporations-Stockholder's Suit To Compel Declaration Of Dividends- Necessity Of Directors As Parties, Daniel A. Isaacson S.Ed.
Michigan Law Review
Plaintiff, a citizen of New York and the owner of some preferred stock in the defendant Delaware corporation, brought a class action against the corporation in a federal district court in Pennsylvania to compel the declaration and payment of dividends on the preferred stock, alleging that the directors had acted in had faith in violation of their duties as fiduciaries. Defendant's articles of incorporation provided that the preferred stock was entitled to receive dividends "when and as declared by the Board of Directors"; the by-laws permitted a majority of the hoard to constitute a quorum for purposes of transacting business. …
Mandamus To Review State Administrative Action, Foster H. Sherwood
Mandamus To Review State Administrative Action, Foster H. Sherwood
Michigan Law Review
The appearance of a substantial body of administrative law in the United States preceded its recognition as such by a good many years. In the intervening period, the courts made every effort to fit the new and unfamiliar jurisprudence into old and familiar forms, particularly those of the common law. This was a natural development, both because it accorded with common law traditions of adjustment, and because there was no legislative recognition of the view for action. The recognition that the problems of administrative law cannot invariably be solved within the framework of traditional legal concepts has paralleled the growing …
Trusts - Judicial Supervision Of The Administration Of Trusts, Victor P. Kayser
Trusts - Judicial Supervision Of The Administration Of Trusts, Victor P. Kayser
Michigan Law Review
The last few years have witnessed an increasing tendency to use both the testamentary and inter vivos trust as a means for the distribution of estates. Since this results in an avoidance of the normal procedure of probate and administration and of supervision by the probate court, it becomes pertinent to inquire as to the extent to which the administration of trusts is subject to judicial control.
Crimes-Withdrawal Of A Plea Of Guilty
Crimes-Withdrawal Of A Plea Of Guilty
Michigan Law Review
Defendant was charged with the violation of the prohibition law, to which he pleaded guilty. About two months after this plea was in, he filed a motion to withdraw it, and substituted one of not guilty. In support of this motion he set up that he had not been advised of his constitutional rights to have counsel; that the arresting officers told him the case would be heard in a federal court, and his punishment would be light; and that he was unaware of the liquor being in his car (which claim was subsequently disproved by the evidence). The motion …