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Articles 31 - 60 of 117
Full-Text Articles in Law
The Eleventh Commandment: Thou Shalt Not Be Compelled To Render The Ineffective Assistance Of Counsel, Richard Klein
The Eleventh Commandment: Thou Shalt Not Be Compelled To Render The Ineffective Assistance Of Counsel, Richard Klein
Indiana Law Journal
No abstract provided.
The Judicial Independence Of Canadian Forces General Court Martials: An Analysis Of The Supreme Court Of Canada Judgment In R. V. Genereux, Michael Doi
Dalhousie Law Journal
In R. v. Genereux, the Supreme Court of Canada reviewed the structure of a Canadian Forces General Court Martial and found it to incorporate features which reasonably called its judicial independence into question. This was held to violate the rights of accused military personnel to a fair trial under sub-section 11(d) of the Canadian Charter of Rights and Freedoms. In arriving at this conclusion, the Supreme Court of Canada questioned the legitimacy of Canadian Forces provisions which structure a judicial process governing service personnel as separate and distinct members from the rest of the general population. The Court also reviewed …
Judicial Activism And The Administration Of Civil Rights Policy, Kenyon D. Bunch, Grant B. Mindle
Judicial Activism And The Administration Of Civil Rights Policy, Kenyon D. Bunch, Grant B. Mindle
Brigham Young University Education and Law Journal
No abstract provided.
Tightening Judicial Standards For Granting Foreign Discovery Requests, Ryan J. Earl
Tightening Judicial Standards For Granting Foreign Discovery Requests, Ryan J. Earl
BYU Law Review
No abstract provided.
Employment Division V. Smith And The Decline Of Supreme Court-Centrism, Ira C. Lupu
Employment Division V. Smith And The Decline Of Supreme Court-Centrism, Ira C. Lupu
BYU Law Review
No abstract provided.
Dialogue And Judicial Review, Barry Friedman
Dialogue And Judicial Review, Barry Friedman
Michigan Law Review
This article argues that most normative legal scholarship regarding the role of judicial review rests upon a descriptively inaccurate foundation. The goal of this article is to redescribe the landscape of American constitutionalism in a manner vastly different than most normative scholarship. At times this article slips across the line into prescription, but by and large the task is descriptive. The idea is to clear the way so that later normative work can proceed against the backdrop of a far more accurate understanding of the system of American constitutionalism.
This article proceeds in three separate parts. Parts I and II …
Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller
Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller
Michigan Journal of International Law
The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted by Congress in 1970 to combat organized crime in America. Since its enactment, it has been used extensively in both the civil and criminal arenas. With the participation of foreign corporations, foreign subsidiaries, and foreign actors in general in the U.S. economy, it is only a matter of time before foreign defendants will be sued under RICO. This Note will discuss whether RICO should be applied extraterritorially: that is, whether federal courts should assume jurisdiction over foreign entities as defendants in RICO claims. First, RICO's language, legislative history and application …
South Korea: Implementation And Application Of Human Rights Covenants, Suk Tae Lee
South Korea: Implementation And Application Of Human Rights Covenants, Suk Tae Lee
Michigan Journal of International Law
Under article 40 of the International Covenant on Civil and Political Rights (ICCPR), the State Party undertakes to submit reports on the measures it has adopted which give effect to the rights recognized in the ICCPR and demonstrate the progress it has made in granting its citizens the enjoyment of those rights. The report was examined by the HRC in July 1992 and will be discussed in Part I of this article. The International Covenant on Economic, Social and Cultural Rights (ICESCR) also requires State Parties to submit reports, but the initial report of the South Korean government has not …
Hudson V. Mcmillan: The Eighth Amendment Gets A Push And A Shove, Bina Sanghavi
Hudson V. Mcmillan: The Eighth Amendment Gets A Push And A Shove, Bina Sanghavi
Loyola University Chicago Law Journal
No abstract provided.
Recognizing And Enforcing State And Tribal Judgements: A Roundtable Discussion Of Law, Policy, And Practice, Richard E. Ransom, Christine Zuni, P. S. Deloria, Robert N. Clinton
Recognizing And Enforcing State And Tribal Judgements: A Roundtable Discussion Of Law, Policy, And Practice, Richard E. Ransom, Christine Zuni, P. S. Deloria, Robert N. Clinton
American Indian Law Review
No abstract provided.
The Federal Circuit: Judicial Stability Or Judicial Activism?, Introduction To A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, The Honorable Pauline Newman
The Federal Circuit: Judicial Stability Or Judicial Activism?, Introduction To A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, The Honorable Pauline Newman
American University Law Review
No abstract provided.
Federal Circuit Trademark Roundup, Jerome Gilson, Andrew Hartman
Federal Circuit Trademark Roundup, Jerome Gilson, Andrew Hartman
American University Law Review
No abstract provided.
Survey Of Mspb Cases In 1991-1992: Theoretical Critique And Practical Applications, G. Jerry Shaw, Jr., William S. Bransford, Richard A. Moore, Christopher M. Okay
Survey Of Mspb Cases In 1991-1992: Theoretical Critique And Practical Applications, G. Jerry Shaw, Jr., William S. Bransford, Richard A. Moore, Christopher M. Okay
American University Law Review
No abstract provided.
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
Touro Law Review
No abstract provided.
Government Contracts: 1992 Analysis And Summary, Victor J. Zupa, Brian J. Siebel
Government Contracts: 1992 Analysis And Summary, Victor J. Zupa, Brian J. Siebel
American University Law Review
No abstract provided.
Patent Law Developments In The United States Court Of Appeals For The Federal Circuit During 1992, Kendrew H. Colton, Michael W. Haas
Patent Law Developments In The United States Court Of Appeals For The Federal Circuit During 1992, Kendrew H. Colton, Michael W. Haas
American University Law Review
No abstract provided.
Jaws Xvi: The Exceptions That Ate Rule 220, 26 J. Marshall L. Rev. 189 (1993), Charles W. Chapman
Jaws Xvi: The Exceptions That Ate Rule 220, 26 J. Marshall L. Rev. 189 (1993), Charles W. Chapman
UIC Law Review
No abstract provided.
Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis
Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis
UIC Law Review
No abstract provided.
Bias In The Washington Courts: A Call For Reform, Melisa D. Evangelos
Bias In The Washington Courts: A Call For Reform, Melisa D. Evangelos
Seattle University Law Review
Because of the documented threat that racial and gender bias pose to the effective administration of justice in Washington, this Comment advocates amending the Washington Rules of Professional Conduct to explicitly make intentional gender and racial bias an act of attorney misconduct and to discipline any attorney who engages in such behavior. Section I of this Comment identifies and describes instances of attorney behavior that result in gender and racial bias and explains the impact of such bias on attorneys, clients, and the judicial system. Section II explores similar anti-bias rules proposed or in place in other states. Section III …
Judicial Independence, Adequate Court Funding, And Inherent Judicial Powers, Jeffrey Jackson
Judicial Independence, Adequate Court Funding, And Inherent Judicial Powers, Jeffrey Jackson
Maryland Law Review
No abstract provided.
Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page
Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page
Touro Law Review
No abstract provided.
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.