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Articles 1 - 30 of 37
Full-Text Articles in Law
Certificacion De Una Acción De Clase, Gabriel Martinez Medrano
Certificacion De Una Acción De Clase, Gabriel Martinez Medrano
Gabriel Martinez Medrano
Analisis del sistema de class actions en Argentina con posterioridad al leading case de la Corte Suprema "Halabi"
Sobre Homogeneidad Y Delimitación De La Clase En Las Acciones Colectivas De Consumidores. (Critica A Un Fallo)., Gabriel Martinez Medrano
Sobre Homogeneidad Y Delimitación De La Clase En Las Acciones Colectivas De Consumidores. (Critica A Un Fallo)., Gabriel Martinez Medrano
Gabriel Martinez Medrano
La presente nota critica la solución adoptada por el Juez de Primera Instancia en la acción colectiva PADEC PREVENCION ASESORAMIENTO Y DEFENSA DEL CONSUM. C/ CITIBANK N.A. S/ SUMARISIMO, sentencia de fecha 8 de octubre de 2009, por la cual se rechazó una acción colectiva pretendida por una asociación de consumidores, utilizándose como argumento para el rechazo del caso la falta de delimitación de la clase representada y la consecuente falta de homogeneidad en el reclamo de los miembros de la clase.
Luces Y Sombras De La "Nueva" Corte Suprema (2003 - 2009), Horacio M. Lynch
Luces Y Sombras De La "Nueva" Corte Suprema (2003 - 2009), Horacio M. Lynch
Horacio M. LYNCH
Balance y análisis crítico de lo actuado por la NCSN desde que comenzó el cambio en su integración en 2003, hasta la fecha del informe en 2009, en las distintas dimensiones de su labor, su función de control de la constitucionalidad, como el Tribunal de última instancia de la Nación, y como cabeza del Poder Judicial, y en su preocupación por la Justicia del país. Analiza lo que hizo y lo que no hizo, se incluye un balance, propuestas y líneas de trabajo, e información.
Examining The "Csi-Effect" In The Cases Of Circumstantial Evidence And Eyewitness Testimony: Multivariate And Path Analyses, Hon. Donald E. Shelton, Young S. Kim, Gregg Barak
Examining The "Csi-Effect" In The Cases Of Circumstantial Evidence And Eyewitness Testimony: Multivariate And Path Analyses, Hon. Donald E. Shelton, Young S. Kim, Gregg Barak
Hon. Donald E. Shelton
As part of a larger investigation of the changing nature of juror behavior in the context of technology development, this study examined important questions unanswered by previous studies on the “CSI-effect.” In answering such questions, the present study applied multivariate and path analyses for the first time. The results showed that (a) watching CSI dramas had no independent effect on jurors' verdicts, (b) the exposure to CSI dramas did not interact with individual characteristics, (c) different individual characteristics were significantly associated with different types of evidence, and (d) CSI watching had no direct effect on jurors' decisions, and it had …
The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.
The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
The concern of our study was to examine the legal and practical aspects of ATMs in Tanzania. The major problems that were being examined are; the 24 hours operation on ATMs vis-à-vis system failure or error and the system of one bank allowing cardholders of another bank to use its ATMs. With the first problem, all banks in Tanzania with ATMs have attractive advertisements to customers that affirm sufficient services in any time of the day but in reality, the machines usually fail to respond the instructions of the cardholder regardless the fact that the cardholder inserts the card and …
The Admissibility Of Social Science Evidence In Criminal Cases, Hon. Donald E. Shelton
The Admissibility Of Social Science Evidence In Criminal Cases, Hon. Donald E. Shelton
Hon. Donald E. Shelton
The rapid development of emerging scientific methods, especially the increased understanding of deoxyribonucleic acid ("DNA"), has had, and will undoubtedly continue to have, an almost stunning impact on our justice system, particularly at the trial level. The forensic applications of these new scientific discoveries have been most dramatically seen in the criminal trial court. They have also caused us to re-examine other forms of forensic evidence that have been rather routinely admitted in our courts. Forensic evidence from social scientists is certainly one of those forms. Which of these forms of scientific forensic evidence have sufficient validity to be used …
Executing Capital Punishment Via Case Study: A Socratic Chat About New Jersey's Abolition Of The Death Penalty And Convincing Other States To Follow Suit, James Johnston
James B Johnston
For those who detest capital punishment Christmas arrived early in 1997. On December 17, 2007 New Jersey became the first State to abolish the death penalty via enactments from both the executive and legislative branches of government. The responses both domestically and abroad have been overwhelmingly supportive. New Jersey was able to do so thanks to the work of the New Jersey Death Penalty Study Commission; a blue ribbon panel of individuals appointed by Governor Corzine to study capital punishment and provide their findings to the State Legislature and the Governor. The commission recommended the death penalty be abolished and …
The Genetic Information Nondiscrimination Act Of 2008: A Case Study Of The Need For Better Congressional Responses To Federalism Jurisprudence, Harper Jean Tobin
The Genetic Information Nondiscrimination Act Of 2008: A Case Study Of The Need For Better Congressional Responses To Federalism Jurisprudence, Harper Jean Tobin
Harper Jean Tobin
The Genetic Information Nondiscrimination Act of 2008 (GINA) is the first new civil rights statute enacted since the “federalism revolution” of 1995-2001, in which the Supreme Court announced new limitations on congressional authority. Among other things, these decisions invalidated civil rights remedies against states, declaring that Congress had failed to amass sufficient evidence of the need for legislation. Although passed in the shadow of these decisions, GINA’s limited legislative history makes it vulnerable to attack – potentially limiting its protections for millions of state employees. States will likely attack GINA on two grounds: first, that Congress relied only on its …
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part Ii: Craftsmanship And Decision-Making, William L. Reynolds
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part Ii: Craftsmanship And Decision-Making, William L. Reynolds
William L. Reynolds
No abstract provided.
Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic
Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic
Antonin I. Pribetic
A trilogy of interesting cases involving private international law recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of the Charter in respect of the enforcement of a foreign judgment); (2) Teck Cominco Metals Ltd. v. Lloyd's Underwriters (a British Columbia case involving declaratory relief in the context of parallel proceedings and forum non conveniens); and (3) Yugraneft v. Rexx Management Corporation (an Alberta case which affirmed that the two-year limitation period under s.3 of Alberta's Limitations Act, governs when a party seeks the recognition and enforcement in Alberta …
Brian R Opeskin And Fiona Wheeler (Eds), The Australian Federal Judicial System, (Melbourne: Melbourne University Press, 2000), Isbn 0522848893, Tom Round
Tom Round
No abstract provided.
The Myth Of The Written Constitution, Todd E. Pettys
The Myth Of The Written Constitution, Todd E. Pettys
Todd E. Pettys
Many Americans have long subscribed to what this Article calls the myth of the written constitution—the claim that the nation’s Constitution consists entirely of those texts that the sovereign American people have formally ratified, and the claim that the will of the American people, as expressed in those ratified texts, determines the way in which properly behaving judges resolve constitutional disputes. Drawing on two different meanings of the term myth, this Article contends that neither of those claims is literally true, but that Americans’ attachment to those claims serves at least three crucial functions. Subscribing to the myth helps to …
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Ira Steven Nathenson
Like a ballet, the notice-and-take-down provisions of the Digital Millennium Copyright Act ("DMCA") provide complex procedures to obtain take-downs of online infringement. Copyright owners send notices of infringement to service providers, who in turn remove claimed infringement in exchange for a statutory safe harbor from copyright liability. But like a dance meant for two, the DMCA is less effective in protecting the "third wheel," the users of internet services. Even Senator John McCain - who in 1998 voted for the DMCA - wrote in exasperation to YouTube after some of his presidential campaign videos were removed due to take-downs. McCain …
Fact Suppression And The Subversion Of Capital Punishment: What Death Penalty Foes On The Supreme Court And In The Media Do Not Want The Public To Know, Lester --- Jackson
Fact Suppression And The Subversion Of Capital Punishment: What Death Penalty Foes On The Supreme Court And In The Media Do Not Want The Public To Know, Lester --- Jackson
LESTER JACKSON
The U.S. Supreme Court and other courts, aided by the media in suppressing critical information about case facts and case law, have all but abolished capital punishment, turning what's left into a costly and agonizing farce. While pretending to superlative morality, dishonesty, especially half-truth, is central to their cause. An egregious example was Roger Coleman, widely but with knowing falsity portrayed as a choir boy executed because heartless judges impatiently refused to hear evidence of his innocence. Going further, in myriad cases, death sentences are reversed or banned when guilt is not even disputed. This is achieved by focusing upon …
Abolishing The Time Tax On Voting, Elora Mukherjee
Abolishing The Time Tax On Voting, Elora Mukherjee
Elora Mukherjee
A “time tax” is a government policy or practice that forces one citizen to pay more in time to vote compared with her fellow citizens. While few have noticed the scope of the problem, data indicate that, due primarily to long lines, hundreds of thousands if not millions of voters are routinely unable to vote in national elections as a result of the time tax, and that the problem disproportionately affects minority voters and voters in the South. This Article documents the problem and offers a roadmap for legal and political strategies for solving it. The Article uses as a …
Intervención Obligada De Terceros En El Proceso Laboral, Gabriel Martinez Medrano
Intervención Obligada De Terceros En El Proceso Laboral, Gabriel Martinez Medrano
Gabriel Martinez Medrano
Versión abreviada de Tesina presentada para aprobar Curso Posgrado Derecho Laboral (Sociedad Argentina de Derecho Laboral SADL) 2007
Procedural Extremism, Melissa R. Hart
Alford Pleas In The Age Of Innocence, Allison D. Redlich, Asil Ozdogru
Alford Pleas In The Age Of Innocence, Allison D. Redlich, Asil Ozdogru
Allison D Redlich
No abstract provided.
Judicial Audiences And Reputation: Perspectives From Comparative Law, Tom Ginsburg, Nuno Garoupa
Judicial Audiences And Reputation: Perspectives From Comparative Law, Tom Ginsburg, Nuno Garoupa
Tom Ginsburg
No abstract provided.
How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger
How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger
Linda L. Berger
We live in a time of radically changing conceptions of family and of the relationships possible between children and parents. Though undergoing “a sea-change,” family law remains tethered to culturally embedded stories and symbols. While so bound, family law will fail to serve individual families and a society whose family structures diverge sharply by education, race, class, and income. This article advances a critical rhetorical analysis of the interaction of metaphor and narrative within the specific context of child custody disputes. Its goal is to begin to examine how these embedded knowledge structures affect judicial decision making generally; more specifically, …
Comedy Or Tragedy: The Tale Of Diversity Jurisdiction Removal And The One-Year Bar, Michael W. Lewis
Comedy Or Tragedy: The Tale Of Diversity Jurisdiction Removal And The One-Year Bar, Michael W. Lewis
Michael W. Lewis
The current laws governing diversity removal are badly broken. They create counterproductive incentives that have increased the workload of federal courts while rewarding deceptive practices on the part of plaintiffs. Defendants have every incentive to remove even low value cases to federal court, on the chance that the vague and uncertain standards governing amount in controversy issues will allow them to succeed. At the same time, the current rules encourage plaintiffs to conceal the true value of their cases for one-year, to prevent removal to federal court, and then to reveal the true value, while using the one-year bar to …
Deliberative Democracy And Weak Courts: Constitutional Design In Nascent Democracies, Edsel F. Tupaz
Deliberative Democracy And Weak Courts: Constitutional Design In Nascent Democracies, Edsel F. Tupaz
Edsel F Tupaz
This Article addresses the question of constitutional design in young and transitional democracies. It argues for the adoption of a “weak” form of judicial review, as opposed to “strong” review which typifies much of contemporary adjudication. It briefly describes how the dialogical strain of deliberative democratic theory might well constitute the normative predicate for systems of weak review. In doing so, the Article draws from various judicial practices, from European supranational tribunals to Canadian courts and even Indian jurisprudence. The Article concludes with the suggestion that no judicial apparatus other than the weak structure of judicial review can better incite …
An Indirect-Effects Model Of Mediated Adjudication: The Csi Myth, The Tech Effect, And Metropolitan Jurors' Expectations For Scientific Evidence, Hon. Donald E. Shelton, Young S. Kim, Gregg Barak
An Indirect-Effects Model Of Mediated Adjudication: The Csi Myth, The Tech Effect, And Metropolitan Jurors' Expectations For Scientific Evidence, Hon. Donald E. Shelton, Young S. Kim, Gregg Barak
Hon. Donald E. Shelton
Part I of this article defines the "CSI effect", given that the phrase has come to have many different meanings ascribed to it. It emphasizes the epistemological importance of first describing the effect of the “CSI effect” as observed in juror behavior documented in a new study conducted in Wayne County (Detroit), Michigan, and then looking at causative factors that may be related to an explanation of those observed effects. Part II describes the methodology of the Wayne County study, provides a descriptive analysis of Wayne County jurors, and compares the jurors demographically to the Washtenaw County jurors who were …
Twenty-First Century Forensic Science Challenges For Trial Judges In Criminal Cases: Where The "Polybutadiene" Meets The "Bitumen", Hon. Donald E. Shelton
Twenty-First Century Forensic Science Challenges For Trial Judges In Criminal Cases: Where The "Polybutadiene" Meets The "Bitumen", Hon. Donald E. Shelton
Hon. Donald E. Shelton
This artice discusses the challenges faced by trial judges in crimnal cases in fulfilling their Daubert "gatekeeping" role in the face of rapid advancements in forensic science. Admissibility questions for various forms of scientific evidence are reviewed, from DNA to fingerprints to social science "syndrome" evidence. The article discusses the pretrial issues presented by DNA databases, search issues and limitations problems as well as the impact of forensic science developments on juror expectations. Finally, forensic science issues regarding trial conduct are discussed, including voir dire, arguments and jury instructions,
The Bridge Connecting Pontius Pilate's Sentencing Of Jesus To The New Jersey Death Penalty Study Commission's Concerns Over Executing The Innocent: When Human Beings With Human Flaws Determine Guilt Or Innocence And Life Or Death, James B. Johnston
James B Johnston
No abstract provided.
Testimony On Oh Hb 323, Foreclosure Reform, November, 2009, Kermit J. Lind
Testimony On Oh Hb 323, Foreclosure Reform, November, 2009, Kermit J. Lind
Kermit J. Lind
Testimony of KERMIT J.LIND CLINICAL PROFESSOR OF LAW CLEVELAND MARSHALL COLLEGE OF LAW CLEVELAND STATE UNIVERSITY before the HOUSING AND URBAN REVITALIZATION COMMITTEE of the OHIO HOUSE OF REPRESENTATIVES for Hearings on FORECLOSURE REFORM H.B.NO. 323
Opinion Writing And Opinion Readers, Meehan Rasch
Opinion Writing And Opinion Readers, Meehan Rasch
Meehan Rasch
The authors - a federal appellate judge and his law clerks - bring unique perspectives to bear on the topic of opinion writing and opinion readers. The contents of this Article were inspired in large part by the work done by the authors in editing and preparing the second edition of Judge Aldisert's classic book Opinion Writing, which for many years was distributed to all federal trial and appellate judges, and to all state appellate judges, when they took the bench. A broader audience of professional opinion writers and students of the judicial process now has access to Opinion Writing, …
Legislative Supremacy In The United States?: Rethinking The Enrolled Bill Doctrine, Ittai Bar-Siman-Tov
Legislative Supremacy In The United States?: Rethinking The Enrolled Bill Doctrine, Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
This Article revisits the “enrolled bill” doctrine which requires courts to accept the signatures of the Speaker of the House and President of the Senate on the “enrolled bill” as unimpeachable evidence that a bill has been constitutionally enacted. It argues that this time-honored doctrine has far-reaching ramifications that were largely overlooked in existing discussions. In addition to reexamining the soundness of this doctrine’s main rationales, the Article introduces two major novel arguments against the doctrine. First, it argues that the doctrine amounts to an impermissible delegation of both judicial and lawmaking powers to the legislative officers of Congress. Second, …
Inside The Marble Palace: The Domestication Of The Supreme Court (Reviewing Christopher Buckley, Supreme Courtship), Laura K. Ray
Inside The Marble Palace: The Domestication Of The Supreme Court (Reviewing Christopher Buckley, Supreme Courtship), Laura K. Ray
Laura K. Ray
No abstract provided.
The Unexceptionalism Of Evolving Standards, Corinna Barrett Lain
The Unexceptionalism Of Evolving Standards, Corinna Barrett Lain
Corinna Lain
Conventional wisdom is that outside the Eighth Amendment context, the Supreme Court does not engage in the sort of explicitly majoritarian state nose-counting for which the “evolving standards of decency” doctrine is famous. Yet this impression is simply inaccurate. Across a stunning variety of civil liberties contexts, the Court routinely—and explicitly—bases constitutional protection on whether a majority of states agree with it. This Article examines the Supreme Court’s reliance on the majority position of the states to identify constitutional norms, then turns to the qualifications, explanations, and implications of state polling as a larger doctrinal phenomenon. While the past few …