Law Commons^™

Interjurisdictional Certification And Choice Of Law, Ira Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Government Official Torts And The Takings Clause: Federalism And State Sovereign Immunity, Jack M. Beermann

Faculty Scholarship

In this article, I argue that state sovereign and official immunities, insofar as they bar recovery when private parties would be liable for similar conduct, are unconstitutional under the takings clause of the fifth amendment, as applied to the states under the fourteenth.²² A state's refusal to compensate plaintiffs for the tortious damage or destruction of property should be redressed by the federal courts in civil actions brought under § 1983.

Section I of this article provides background through a discussion of the Supreme Court's treatment of the problem of torts committed by government officials, primarily in procedural due …

The Dilution Of The First Amendment And The Equality Of Ideas, William P. Marshall

Faculty Publications

No abstract provided.

Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger

Articles & Chapters

This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …

"Institutional Relationships Between Tribunals And Courts" Book Review Of Recent Developments In Administrative Law, Dianne Pothier

Dianne Pothier Collection

If one brings together 14 experts on administrative law to participate in a continuing legal education program on "Administrative Law": Recent Developments and Emerging Trends," there is the potential for either stimulating critical analyses or humdrum descriptive update. On reading the preface to this book, the product of such a program held at Toronto and Ottawa in November 1986, I was expective the former. In large measure, I was disappointed.

A Distorted Mirror: The Supreme Court's Shimmering View Of Summary Judgment, Directed Verdict, And The Value Of Adjudication, Jeffrey W. Stempel

Scholarly Works

As almost anyone alive during the past decade knows, this is the era of the ‘litigation explosion,’ or there is at least the perception that a litigation explosion exists. Although all agree that the absolute number of lawsuits has increased in virtually every corner of the state and federal court systems, there exists vigorous debate about whether the increase is unusual in relative or historical terms and even more vigorous debate about whether the absolute increase in cases symbolizes the American concern for fairness and justice or represents a surge in frivolous or trivial disputes needlessly clogging the courts. As …

The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz

Scholarly Works

No abstract provided.

What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Parity Reconsidered: Defining A Role For The Federal Judiciary, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Federal Courts, State Courts, And The Constitution: A Rejoinder To Professor Redish, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi

Articles by Maurer Faculty

No abstract provided.