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Articles 1 - 12 of 12
Full-Text Articles in Law
Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski
Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski
Law Faculty Scholarship
No abstract provided.
Searching For Federal Judicial Power: Article Iii And The Foreign Intelligence Surveillance Court, Peter Margulies
Searching For Federal Judicial Power: Article Iii And The Foreign Intelligence Surveillance Court, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier
Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier
Law Faculty Scholarship
The transnational class action-a class action in which a portion of the class consists of non-US claimants-is here to stay Defendants typically resist the certification of transnational class actions on the basis that such actions provide no assurance of finality for a defendant, as it will always be possible for a non-U.S. class member to initiate subsequent proceedings in a foreign court. In response to this concern, many U.S. courts will analyze whether the "home" courts of the foreign class members would accord res judicata effect to an eventual U.S. judgment prior to certifying a U.S. class action containing foreign …
Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies
Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Equitable Balancing In The Age Of Statutes, Jared Goldstein
Equitable Balancing In The Age Of Statutes, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies
The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Statutory Caps And Judicial Review Of Damages, Colleen P. Murphy
Statutory Caps And Judicial Review Of Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz
Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz
Law Faculty Scholarship
Imagine that you are falsely accused of a serious crime and that you are now on trial before a judge and jury. You knew before the trial began that the judge had a reputation as a “law and order” judge, as a judge who was not at all receptive to the arguments of most criminal defense attorneys. You have been watching as the judge and your attorney have been engaged in what appears to be an adversarial battle throughout the trial, but you have taken some comfort in the fact that it will be the jury, not the judge, who …
Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies
Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Culture Of Quiescence, Carl Bogus
Free Exercise Of Religion In Germany And The United States, Edward J. Eberle
Free Exercise Of Religion In Germany And The United States, Edward J. Eberle
Law Faculty Scholarship
In this Article, Professor Edward Eberle provides a comparative overview of constitutional safeguards affecting religious freedom in Germany and the United States. Specifically the author analyzes the German and American approaches to the free exercise of religion within their respective constitutional systems. The result is an illuminating exposition that provides much insight for comparative and constitutional scholars.
In the years following the Second World War, religious freedoms in Germany developed along similar, individualist paths to those found in the United States Constitution. However, unlike the Constitution, the Basic Law's provisions touching on religious liberty are detailed and quite elaborate and …
Procedural Due Process: The Original Understanding, Edward J. Eberle
Procedural Due Process: The Original Understanding, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.