Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Duke Law (215)
- Columbia Law School (102)
- Boston University School of Law (81)
- Fordham Law School (65)
- Brooklyn Law School (44)
-
- UC Law SF (23)
- Texas A&M University School of Law (17)
- Barry University School of Law (16)
- University of Arkansas at Little Rock William H. Bowen School of Law (15)
- University of Louisville (13)
- University of Maryland Francis King Carey School of Law (13)
- Mitchell Hamline School of Law (8)
- University of New Mexico (5)
- Brigham Young University Law School (4)
- Nova Southeastern University (3)
- Western New England University School of Law (3)
- California Western School of Law (1)
- Keyword
-
- Courts (79)
- Supreme Court (55)
- Constitutional law (39)
- Judicial process (31)
- Judges (29)
-
- Jurisdiction (26)
- Federal government (25)
- Judicial review (23)
- Separation of powers (23)
- Judicial power (17)
- Civil procedure (15)
- Law (15)
- Law--Interpretation and construction (15)
- Appellate courts (13)
- Constitution (13)
- United States (13)
- International courts (12)
- Litigation (12)
- Columbia Law Review (11)
- Congress (11)
- Federal courts (11)
- Executive power (10)
- Human rights (10)
- Federal Circuit (9)
- Jurisprudence (9)
- SCOTUS (9)
- State courts (9)
- Empirical (8)
- Political questions and judicial power (8)
- United States. Congress (8)
- Publication Year
Articles 571 - 600 of 628
Full-Text Articles in Law
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Faculty Scholarship
The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar
Faculty Scholarship
No abstract provided.
A Judicial Declaration Of Martial Law, Lawrence G. Baxter
A Judicial Declaration Of Martial Law, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
The Modern Misunderstanding Of Original Intent, H. Jefferson Powell
The Modern Misunderstanding Of Original Intent, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Assessing The Effects Of Case Characteristics And Settlement Forums On Dispute Outcomes And Compliance, Neil Vidmar
Assessing The Effects Of Case Characteristics And Settlement Forums On Dispute Outcomes And Compliance, Neil Vidmar
Faculty Scholarship
McEwen and Maiman (1986) have disagreed with my claim that the case characteristic of admitted liability explains more variability in dispute outcome and compliance than whether the case was resolved through a mediation or adjudication forum. Those authors reanalyzed some of my data from an Ontario small claims court and concluded that forum type is the stronger variable. I take issue with them on a number of conceptual and methodological points. In my own reanalysis of the Ontario data I am able to demonstrate statistically that admitted liability is the stronger predictor of outcomes. I also discuss why this should …
Response Prepared To White House Analysis Of Judge Bork’S Record (Biden Report), Christopher H. Schroeder, Jeffrey Peck
Response Prepared To White House Analysis Of Judge Bork’S Record (Biden Report), Christopher H. Schroeder, Jeffrey Peck
Faculty Scholarship
Originally published as a Report to the Chairman of the Senate Judiciary Committee, Joseph Biden, on the nomination of Robert H. Bork to the United States Supreme Court.
Apartheid And The South African Judiciary, Lawrence G. Baxter
Apartheid And The South African Judiciary, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
The Cost Of Acceptability: Blue Buses, Agent Orange, And Aversion To Statistical Evidence, Neil B. Cohen
The Cost Of Acceptability: Blue Buses, Agent Orange, And Aversion To Statistical Evidence, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Rising Above Principle, Geoffrey C. Hazard Jr.
Rising Above Principle, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton
Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Distinguishing Justifications From Excuses, Kent Greenawalt
Distinguishing Justifications From Excuses, Kent Greenawalt
Faculty Scholarship
Ann swings her arm and injures Ben. She faces moral condemnation and legal liability unless she can offer an explanation that absolves her of full blame. She might make a claim of justification that, despite initial appearances, her action was desirable or proper, or she might make a claim of excuse that she does not bear full responsibility for injuring Ben. If Ann is fully justified, she will not be subject to blame or to classification as a weak or defective person. If Ann is excused, she may be regarded as wholly or partly free of blame, but she will …
Justice William J. Brennan, Jr.: A Justice For All Seasons, Joel Gora
Justice William J. Brennan, Jr.: A Justice For All Seasons, Joel Gora
Faculty Scholarship
No abstract provided.
Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen
Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen
Faculty Scholarship
No abstract provided.
The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow
The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow
Faculty Scholarship
No abstract provided.
Court Trial Empirical Survey: Interview Responses From Trial Judges Explaining Their Experiences And Views Regarding The Trial Of Non-Jury Cases, John O. Sonsteng, Roger S. Haydock
Court Trial Empirical Survey: Interview Responses From Trial Judges Explaining Their Experiences And Views Regarding The Trial Of Non-Jury Cases, John O. Sonsteng, Roger S. Haydock
Faculty Scholarship
Knowing how a judge will react to certain trial techniques in a trial can greatly enhance an attorney's effectiveness in the courtroom. This article contains and explains the results of the authors' empirical survey. Fifty-nine judges serving in both criminal and civil court in the Minneapolis-St. Paul area were surveyed, with each judge responding to thirty-eight questions designed to obtain objective information concerning their experiences and views on effective trial advocacy. The survey covered eight topics: (1) trial briefs; (2) pretrial chambers discussions; (3) opening statements; (4) direct and cross-examinations; (5) evidentiary matters; (6) closing arguments; (7) findings of fact …
Supreme Court Report: Five Wins And Nine Losses For Free Speech Fans, Joel Gora
Supreme Court Report: Five Wins And Nine Losses For Free Speech Fans, Joel Gora
Faculty Scholarship
No abstract provided.
Constitutional Remedies For Underinclusive Statutes: A Critical Appraisal Of Heckler V. Mathews, Bruce K. Miller
Constitutional Remedies For Underinclusive Statutes: A Critical Appraisal Of Heckler V. Mathews, Bruce K. Miller
Faculty Scholarship
The power of the federal courts to remedy injuries caused by constitutional violations is a fundamental assumption of our constitutional scheme. The Supreme Court's equal protection decisions of the past generation illustrate the extent to which we take this power completely for granted. When confronted with a statute that denies a litigant's fifth or fourteenth amendment right to equal treatment, the Court has rarely limited itself to a simple declaration that the statute is unconstitutional. Such declarations, rather, have been routinely accompanied by awards of often substantial relief to the persons injured by the unconstitutional inequality. The author analyzes Heckler …
Judge Parker And The Public Service State, Peter G. Fish
Judge Parker And The Public Service State, Peter G. Fish
Faculty Scholarship
No abstract provided.
Judicial Rule-Making Absent Legislative Review: The Limits Of Separation Of Powers, Kenneth S. Gallant
Judicial Rule-Making Absent Legislative Review: The Limits Of Separation Of Powers, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav
The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav
Faculty Scholarship
No abstract provided.
The Depublication Practice Of The California Supreme Court, Joseph R. Grodin
The Depublication Practice Of The California Supreme Court, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
Conflicts Among Circuits And Transfers Within The Federal Judicial System, Richard L. Marcus
Conflicts Among Circuits And Transfers Within The Federal Judicial System, Richard L. Marcus
Faculty Scholarship
No abstract provided.
The Small Claims Court: A Reconceptualization Of Disputes And An Empirical Investigation, Neil Vidmar
The Small Claims Court: A Reconceptualization Of Disputes And An Empirical Investigation, Neil Vidmar
Faculty Scholarship
In this paper disputes are seen as varying along a dimension of admitted liability, that is, the extent to which defendants admit some obligation to plaintiffs; they may admit no liability, partial liability, or full liability. This conceptualization was used in an empirical study of a small claims court. The results paint a portrait of the court that is at variance with most of the previous literature. Consumer issues constitute a substantial portion of the court caseload. On average, defendants, including individual consumers, do well when they dispute claims. Among disputed cases, small rather than large businesses predominate. Prior literature …
No Light At The End Of The Pipeline: Confusion Surrounds Legislative Courts, Maryellen Fullerton
No Light At The End Of The Pipeline: Confusion Surrounds Legislative Courts, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
The Tax Benefit Of Bliss, Alan L. Feld
The Tax Benefit Of Bliss, Alan L. Feld
Faculty Scholarship
In recent years the Supreme Court has limited its substantive decisions in federal income tax matters.I For the most part, the handful of tax cases it has considered each year deal with collection, liens, or other issues peripheral to doctrinal development in the tax area.2 The Court's recent decision in Diedrich v. Commissioner,3 however, dealt with a realization question involving net gifts; and its grant of certiorari consolidating the cases of Bliss Dairy, Inc. v. United States and Hillsboro National Bank v. Commissioner4 promises a continuing interest in substantive tax law. Bliss Dairy will enable the …
Judicial Management Of The Pretrial Process In Massive Litigation: Special Masters As Case Managers, Geoffrey C. Hazard Jr., Paul R. Rice
Judicial Management Of The Pretrial Process In Massive Litigation: Special Masters As Case Managers, Geoffrey C. Hazard Jr., Paul R. Rice
Faculty Scholarship
No abstract provided.
The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan
The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Faculty Scholarship
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …
Congressional Regulation Of Federal Courts' Jurisdiction And Processes: United States V. Klein Revisited, Gordon G. Young
Congressional Regulation Of Federal Courts' Jurisdiction And Processes: United States V. Klein Revisited, Gordon G. Young
Faculty Scholarship
No abstract provided.
An Evaluation Of Limited Publication In The United States Courts Of Appeals: The Price Of Reform, William L. Reynolds, William M. Richman
An Evaluation Of Limited Publication In The United States Courts Of Appeals: The Price Of Reform, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.