Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Nebraska - Lincoln (35)
- University of Pennsylvania Carey Law School (6)
- University of Colorado Law School (5)
- Georgetown University Law Center (3)
- Maurer School of Law: Indiana University (3)
-
- University of Miami Law School (3)
- Boston University School of Law (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Baltimore Law (2)
- University of Pittsburgh School of Law (2)
- Brooklyn Law School (1)
- Case Western Reserve University School of Law (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Florida A&M University College of Law (1)
- Liberty University (1)
- Notre Dame Law School (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- UC Law SF (1)
- University at Buffalo School of Law (1)
- University of Denver (1)
- University of Kentucky (1)
- University of Missouri School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Montana (1)
- Valparaiso University (1)
- Vanderbilt University Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Jurisprudence (12)
- Book review (3)
- Human Rights Law (3)
- Lawrence Joseph (3)
- Legal profession (3)
-
- Adjudication (2)
- Constitution (2)
- Evolution of law (2)
- Feminism (2)
- Fiction (2)
- Globalization (2)
- International Law (2)
- Judicial review (2)
- Law and literature (2)
- Lawyerland: What Lawyers Talk About When They Talk About Law (2)
- Legal ethics (2)
- Science of law (2)
- Statutory interpretation (2)
- United States Supreme Court (2)
- Violence (2)
- 1999 World Trade Organization Meeting (1)
- 4th amendment (1)
- A Critique of Adjudication: Fin de Siècle (1)
- Acknowledgment (1)
- Afghanistan (1)
- Alden v. Maine (1)
- American exclusionary rule (1)
- Banzhaf index (1)
- Biography (1)
- Carbone (1)
- Publication
-
- Court Review: The Journal of the American Judges Association (35)
- All Faculty Scholarship (9)
- Articles (6)
- Faculty Scholarship (5)
- Publications (5)
-
- Articles by Maurer Faculty (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Faculty Publications (2)
- Journal Articles (2)
- Scholarly Articles (2)
- Faculty Law Review Articles (1)
- Faculty Publications and Presentations (1)
- Faculty Works (1)
- Journal Publications (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Scholarly Works (1)
- Sturm College of Law: Faculty Scholarship (1)
- Vanderbilt Law School Faculty Publications (1)
Articles 31 - 60 of 82
Full-Text Articles in Law
Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala
Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Privatization And Political Accountability, Jack M. Beermann
Privatization And Political Accountability, Jack M. Beermann
Faculty Scholarship
This article is an attempt to draw some general connections between privatization and political accountability. Political accountability is to be understood as the amenability of a government policy or activity to monitoring through the political process. Although the main focus of the article is to examine different types of privatization, specifically exploring the ramifications for political accountability of each type, I also engage in some speculation as to whether there are there situations in which privatization might raise constitutional concerns related to the degree to which the particular privatization reduces political accountability for the actions or decisions of the newly …
Court Review: Volume 38, Issue 1 - Editor's Note
Court Review: Volume 38, Issue 1 - Editor's Note
Court Review: The Journal of the American Judges Association
Reactions to the lead article in this issue may vary greatly. Some will find its conclusions surprising, while others will simply find new labels for concepts they already understand. Nancy Perry Lubiani and Patricia H. Murrell apply the concepts of emotional intelligence to judges, including suggestive evidence that judges who are rated best in bar association surveys are the ones who score highest in emotional intelligence. Another article follows up on our Spring 2000 special issue on therapeutic jurisprudence: David Wexler returns with some specific thoughts on how judges can promote offender rehabilitation.
Court Review: Volume 38, Issue 1 - Complete Issue
Court Review: Volume 38, Issue 1 - Complete Issue
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 1 - Cover
Court Review: Volume 38, Issue 1 - Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 1 - Table Of Contents
Court Review: Volume 38, Issue 1 - Table Of Contents
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 1 - Chief Justice John Marshall: Soldier Of The Revolution, Stephen J. Mcewen Jr.
Court Review: Volume 38, Issue 1 - Chief Justice John Marshall: Soldier Of The Revolution, Stephen J. Mcewen Jr.
Court Review: The Journal of the American Judges Association
John Marshall was an individual of many gifts, versatility, character, and accomplishment. A superb advocate, he served his country as an American Commissioner in Paris, Congressman, Secretary of War, and Secretary of State. Thus, the life of John Marshall goes beyond epochal, while the legend of Chief Justice John Marshall is ageless. All of which has obscured John Marshall the Soldier. By the time that a full decade of British oppression had escalated to the April 1775 battles at Lexington and Concord, and had inspired the bold, stirring declamation of Patrick Henry to “Give me liberty, or give me death,” …
Court Review: Volume 38, Issue 1 - Coming To A Court Near You: An Unlicensed Immigrant Driver, Mary A. Celeste
Court Review: Volume 38, Issue 1 - Coming To A Court Near You: An Unlicensed Immigrant Driver, Mary A. Celeste
Court Review: The Journal of the American Judges Association
There are currently as many as 13 million illegal immigrants in the United States; 5 million are illegal Mexican immigrants, with 46,000 living in my home state of Colorado. There is a push by the Mexican government at both the state and federal levels to change the legal status of those immigrants. President Vicente Fox of Mexico recently added the issue of permitting undocumented migrants to apply for a driver’s license to his agenda for a meeting with governors from the United States. On the federal level, President Bush is now weighing plans to grant legal residency to Mexican illegal …
Court Review: Volume 38, Issue 1 - Courting Justice With The Heart: Emotional Intelligence In The Courtroom, Nancy Perry Lubiani, Patricia H. Murrell
Court Review: Volume 38, Issue 1 - Courting Justice With The Heart: Emotional Intelligence In The Courtroom, Nancy Perry Lubiani, Patricia H. Murrell
Court Review: The Journal of the American Judges Association
American culture certainly has a word for sadness. In fact, we have several words, depression, dejection, sorrow, melancholy, despondency, and even a few colloquial phrases: “the blues,” “down in the dumps.” Sadness is probably one of the mildest emotions that judges see in their courtroom. On any given day they might also see anger, frustration, fear, impatience, apathy, boredom, awe, respect, intimidation, perhaps even some of the more welcome emotions, such as happiness, relief, or even joy, and that is just when the judge is on the bench. The list could go on and on. Other aspects of judicial work …
Court Review: Volume 38, Issue 1 - Robes And Rehabilitation: How Judges Can Help Offenders “Make Good”, David B. Wexler
Court Review: Volume 38, Issue 1 - Robes And Rehabilitation: How Judges Can Help Offenders “Make Good”, David B. Wexler
Court Review: The Journal of the American Judges Association
Problem-solving courts—such as drug treatment courts, mental health courts, and domestic violence courts—may be the most obvious examples of “therapeutic jurisprudence in action,” but it is crucial to recognize the potential application of therapeutic jurisprudence generally—in civil cases, appellate cases, family law cases, and, of course, in criminal and juvenile cases. The importance of the therapeutic jurisprudence perspective beyond the specialized problem-solving court context was underscored by a “vision statement” recently agreed to by the District Court for Clark County, Washington.
Court Review: Volume 38, Issue 1 - President's Column, Chris Williams
Court Review: Volume 38, Issue 1 - President's Column, Chris Williams
Court Review: The Journal of the American Judges Association
To further this objective, COSCA’s Policy and Liaison Committee appointed Dr. Hugh Collins of Louisiana as liaison to the AJA. It is my hope that we continue this connection with other associations and that we continue our liaison, through our president and president-elect, not only to CCJ and COSCA, but also to the State Justice Institute, the National Association of State Judicial Educators (NASJE), the National Association for Court Management (NACM), the National Conference of Court Public Information Officers, the National College of Probate Judges, the National Conference of Metropolitan Courts, the National Court Reporters Association, the National Association of …
Court Review: Volume 38, Issue 1 - Letters
Court Review: Volume 38, Issue 1 - Letters
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 1 - The Resource Page
Court Review: Volume 38, Issue 1 - The Resource Page
Court Review: The Journal of the American Judges Association
No abstract provided.
Restatement (Third) Of Torts: General Principles And The Prescription Of Masculine Order, Anita Bernstein
Restatement (Third) Of Torts: General Principles And The Prescription Of Masculine Order, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa
The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa
Faculty Scholarship
The purpose of this paper is to discuss the most recent changes in Japan's political environment that could radically alter its judicial system and legal profession in the near future. Reform of the judicial system and legal profession has now been placed on the national agenda, and the cast of players involved has spread from the traditional groups of legal professionals (judges, prosecutors, and attorneys) to the major actors of the larger political process, namely the Liberal Democratic Party (Jiya Minshu T6) ("LDP"), the ruling conservative party, and the Federation of Economic Organizations (Keidanren), one of the most influential organizations …
The Burdens And Benefits Of The American Jury, José F. Anderson
The Burdens And Benefits Of The American Jury, José F. Anderson
All Faculty Scholarship
There is no institution in the legal system more controversial than the American Jury. It has been praised and hated by people from all walks of life. James Madison once called it among "the most valuable" rights included in the Bill of Rights. Robert Allan Rutland, The Birth of the Bill of Rights 1776-1791, at 208 (2nd ed ., Northeastern Univ. Press 1991) (1955) (quoting 1 Annals of Cong. 755 (Joseph Gales ed., 1789)). The business community sometimes complains that it paralyzes its ability to grow. Politicians have used it as grist for their mills calling for jury reform. Television …
Two Men On A Plank, Claire Oakes Finkelstein
Two Men On A Plank, Claire Oakes Finkelstein
All Faculty Scholarship
Can two individuals, each of whom needs a certain resource for his survival, have equal and conflicting rights to that resource? If so, is each entitled to try to exclude the other from its use? An old chestnut of moral and legal philosophy raises the problem. Following a shipwreck, two men converge simultaneously on a plank floating in the sea. There is no other plank available and no immediate hope of rescue. Unfortunately the plank can support only one; it sinks if two try to cling to it. Is it permissible for each to attempt to secure his own survival …
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
All Faculty Scholarship
No abstract provided.
Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier
Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The practice of unpublished decisions and their precedential value causes much controversy. The practice of unpublished opinions creates a solution for how to deal effectively with heavy caseloads. Electronic databases make unpublished decisions readily available, which removes any secrecy that critics fear. Unpublished opinions are treated in one of three ways by the courts. In addition, three pragmatic issues are created by allowing opinions to go unpublished: 1) the availability of these decisions, 2) the quality of the reasoning in unpublished decisions, and 3) the treatment of unpublished opinions as precedent.
Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles
Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles
Law Faculty Publications
No abstract provided.
The Principles Of Justice, Richard W. Wright
The Principles Of Justice, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Jurisprudence Noire, Pierre Schlag
The Lawyerland Essays: Introduction, Pierre Schlag
Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes
Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes
Articles
No abstract provided.
Introduction: The Difficult First Amendment, Christina E. Wells
Introduction: The Difficult First Amendment, Christina E. Wells
Faculty Publications
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for redress of grievances.
Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.
Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner
As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner
Scholarly Articles
This response to Father Schall's article explores just how three principles, which he proposes in general terms as central to integrity in moral reasoning and decision over the use of military force, serve, in fact, to organize an assessment of the rights and wrongs of actions by states and individuals within a conflict like the one coming to a crisis on September 11th. In the course of its analysis, the article means to show that prudence has a role, not only once the requirements of justice are satisfied, as a too casual reading of Father Schall's article might perhaps imply, …
Meaning, Intention, And The Hearsay Rule., Paul F. Kirgis
Meaning, Intention, And The Hearsay Rule., Paul F. Kirgis
Faculty Law Review Articles
In this Article, I draw on insights from the linguistic discipline of pragmatics to offer another way to understand and apply the definition of hearsay in the Federal Rules of Evidence. Pragmatics is concerned with how we use language in real-world contexts to accomplish various objectives.' By identifying the conventions that govern language usage, pragmatics provides ways to analyze what a speaker means when he says something and how meaning is conveyed through language.5 Pragmatics thus has obvious utility for the study of hearsay.
The philosopher Paul Grice looms over the field of pragmatics. His theory of conversational implicature revolutionized …
The Most Dangerous Justice Rides Again: Revisiting The Power Pageant Of The Justices, Paul H. Edelman, Jim Chen
The Most Dangerous Justice Rides Again: Revisiting The Power Pageant Of The Justices, Paul H. Edelman, Jim Chen
Vanderbilt Law School Faculty Publications
Who is the most powerful Supreme Court Justice? In 1996 we measured voting power on the Court according to each Justice's ability to form five-member coalitions. From the set of all coalitions formed by the Court during its 1994 and 1995 Terms, we developed a generalized Banzhaf index of the Justices' relative strength. Generally speaking, participating in a greater number of unique coalitions translates into greater judicial voting power. To supplement the small number of decisions then available, we derived hypothetical five-Justice coalitions from the intersections of actually observed coalitions involving more than five members. Professor Lynn Baker contested our …
Intellectual Property, Electronic Commerce And The Preliminary Draft Hague Jurisdiction And Judgments Convention, Ronald A. Brand
Intellectual Property, Electronic Commerce And The Preliminary Draft Hague Jurisdiction And Judgments Convention, Ronald A. Brand
Articles
On October 30, 1999, a Special Commission of the Hague Conference on Private International Law adopted a Preliminary Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters ("Preliminary Draft Convention," or "PDC") which was further developed in June of 2001.Originally scheduled for a final diplomatic conference in the fall of 2000, the negotiating process was delayed as a result of serious questions raised about the draft language.
After a discussion of the history of the convention, this paper presents a review of the Preliminary Draft Convention text, describing its structure and scope. It then provides a focus …