Law Commons^™

Judicial Deference To Administrative Agencies' Legal Interpretations After Lechmere, Inc. V. Nlrb, Susan K. Goplen

Washington Law Review

In Lechmere, Inc. v. NLRB, the Supreme Court held that when interpreting administrative statutes, the Court will defer to its own previous interpretations rather than defer to administrative agencies' interpretations of statutes. Thus, the Court determined that stare decisis is dominant over judicial deference to administrative agencies. The Court decided Lechmere, Inc. v. NLRB wrongly. The rationales for deference to agencies exist whether or not the courts have addressed the statute in question. Therefore, courts should apply the doctrine of judicial deference even when courts have previously interpreted a statute.

The Role Of A Chief Justice In Canada, Peter W. Hogg

Articles & Book Chapters

Professor Hogg describes the duties of Chief Justices in Canadian courts, and explains that the effective discharge of their many administrative functions plays a significant role in maintaining the independence of the judiciary.

Identity, Speech, And Equality, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

My experience as a litigator tells me that the First Amendment as provided the most reliable path to success of any of the doctrinal claims utilized by lesbian and gay rights lawyers. Certainly no other block of cases can rival the success rate of the cases seeking recognition and even funding of lesbian and gay student organizations, all of which were brought on First Amendment grounds and ultimately won by plaintiffs.

When Civil Rights Go Wrong: Agenda And Process In Civil Rights Reform, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

The aging of the persons leading the civil rights movement is only a metaphor for a more serious aging process that afflicts the movement. It is a sclerotic condition that has kept an old agenda and once-prodding - but now increasingly intolerant - ideas in place, a fixed way of thinking that has become more strident and resistant to change as it has become more complacent with itself. Once the opponent of conformity, some parts of the civil rights community now preach conformity within their communities. I see these not as indices of the venality of the civil rights movement, …

Gendering And Engendering Process, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

The 1992 Cable Act: Just The Beginning, Nick Allard

Faculty Scholarship

No abstract provided.

Back From The Brink, Joel Gora

Faculty Scholarship

No abstract provided.

Why The Court Loves Batson: Representation-Reinforcement, Colorblindness, And The Jury, Susan Herman

Faculty Scholarship

No abstract provided.

Perspectives On A Torts Course, Anita Bernstein

Faculty Scholarship

No abstract provided.

Perspectives On A Torts Course, Anita Bernstein

Faculty Scholarship

No abstract provided.

Barriers To Foreign Issuer Entry Into U.S. Markets, Roberta S. Karmel, Mary S. Head

Faculty Scholarship

No abstract provided.

Seton Hall University School Of Law Legislative Bureau Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Title Page

Journal of Dispute Resolution

No abstract provided.

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.

Compulsory Alternative Dispute Resolution And Voluntarism: Two-Headed Monster Or Two Sides Of The Coin , Lucy V. Katz

Journal of Dispute Resolution

This Article broadly defines compulsory ADR3 to include any process in which the parties experience a lack of free choice about their participation, other than a civil or criminal trial with full due process protections. Thus, it includes not only court-ordered ADR4 (or alternatives mandated by statute), but also judicial mediation, settlement conferences, non-mandatory summary jury trials, and other techniques5 in which there is pressure on litigants to forgo trials, at least temporarily, and to utilize alternatives to bring about settlement.6

Punitive Damages In Securites Arbitration: The Interplay Of State And Federal Law (Or A Smaller Bite Of The Big Apple), Marilyn B. Cane

Journal of Dispute Resolution

As the United States Supreme Court has observed, the Federal Arbitration Act (FAA) 2 "is something of an anomaly in the field of federal-court jurisdiction. It creates a body of federal substantive law establishing and regulating the duty to honor an agreement to arbitrate, yet it does not create any independent federal-question jurisdiction."' The parameters and effect of state law under the FAA are continually being refined by the courts. Since the FAA is silent regarding the award of punitive damages, the role state law plays with respect to this issue is unsettled.

Arbitration - Sure, But Only On Our Terms: Escape Clauses In Uninsured Motorist Policies - Schaefer V. Allstate Ins. Co., Steven R. Leppard

Journal of Dispute Resolution

Historically, the insurance industry has widely used arbitration to resolve disputes.2 Insurance companies have increasingly included "escape clauses" in their policies.' These clauses allow an insurance company to ignore an arbitrator's award and have a claim directly heard in a trial court if the award exceeds a pre-determined amount.' The Ohio Supreme Court in Schaefer v. Allstate Insurance Co. addressed this issue and decided that the escape clause was unenforceable due to public policy.'

Post-Conviction Mediation Of Rape Cases: Working Within The Criminal Justice System To Achieve Well-Rounded Justice, Matthew J. Sauter

Journal of Dispute Resolution

This Comment will focus on the steps that can be taken within our criminal justice system to help change the attitudes of police, prosecutors, judges, jurors, and legislators toward the crime of rape. It will particularly focus on how mediation can be used concurrently with the criminal courts system in order to achieve justice for all parties involved, victims as well as offenders

Efficient Injustice: The Demise Of Teh Substantial Injustice Exception To Arbitral Finality - Moncharsh V. Heily & (And) Blase, Michael J. Smith

Journal of Dispute Resolution

Judicial review of an arbitrator's decision has been a point of much controversy and discussion among jurisdictions. Many state legislatures have enacted arbitration statutes that list the grounds for review of an arbitrator's decision. However, over time, the courts have also developed some common law grounds for judicial review. Conflict often arose when a state's statute did not provide for review on the same grounds as common law. This Note examines how the California Supreme Court dealt with the difference in the statutory and common law grounds for judicial review of an arbitrator's decision.

Giving Competency Its Day In Court - In Re Fellman, Michael C. Kirkham

Journal of Dispute Resolution

This Note will examine the decision in In re Fellman,4 where the Superior Court of Pennsylvania determined that the issue of competency was a matter for the courts, not arbitration, to determine.5 Furthermore, this Note will explain how Fellman is consistent with cases concerning different issues, but which similarly denied arbitrators authority based upon similar reasoning.

Putting The Correct "Spin" On Lucas, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

Part I describes and discusses the significance of the Lucas majority's desire to draft an opinion making environmental regulations more susceptible to takings challenges. Part II identifies the majority's antiquated notions of the physical and social function of real property as the source of the majority's misguided efforts. Finally, Part III describes how the majority's analytical framework may ultimately make it easier, rather than harder, for environmental protection measures to survive takings challenges.

International Environmental Law: Contemporary Issues And The Emergence Of A New World Order, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

In 1972 international environmental law was a fledgling field with less than three dozen multilateral agreements. Today international environmental law is arguably setting the pace for cooperation in the international community in the development of international law. There are nearly nine hundred international legal instruments that are either primarily directed to international environmental issues or contain important provisions on them. This proliferation of legal instruments is likely to continue. Therefore, it is important to assess what we have done and explore where we are headed.

Rethinking War Powers: Congress, The President, And The United Nations, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

The division of war powers between Congress and the President has never been free of ambiguity or tension. The Constitution grants Congress the power to declare war, to raise and support armies, to provide and maintain a navy, and to make rules for the regulation of those armed forces. The President, on the other hand, is the Commander in Chief of U.S. armed forces. Most scholars agree that the framers sought to strike a balance: the President alone could not commence "war," but he could use force to "repel sudden attacks" on the United States or its armed forces. Reacting …

Chaos Theory And The Justice Paradox, Robert E. Scott

Faculty Scholarship

"[T]he laws have mistakes, and you can't go writing up a law for everything that you can imagine."

"When you reach an equilibrium in biology you're dead."

As we approach the Twenty-First Century, the signs of social disarray are everywhere. Social critics observe the breakdown of core structures – the nuclear family, schools, neighborhoods, and political groups. As these traditional social institutions have disintegrated, the law has expanded to fill the void. There are more laws, more lawyers, and more use of legal mechanisms to accomplish social goals than at any other time in history. The custodians and interpreters of …

Private Insurance, Social Insurance, And Tort Reform: Toward A New Vision Of Compensation For Illness And Injury, Kenneth S. Abraham, Lance Liebman

Faculty Scholarship

The United States does not have a system for compensating the victims of illness and injury; it has a set of different institutions that provide compensation. We rely on both tort law and giant programs of public and private insurance to compensate the victims of illness and injury. These institutions perform related functions, but the relationships among them are far from coherent. Indeed, the institutions sometimes work at cross-purposes, compensating some victims excessively and others not at all.

The absence of a coherent system of compensation is reflected even in suggested reforms of existing institutions. Proposals to reform tort law …

A Morality Fit For Humans, Joseph Raz

Faculty Scholarship

I believe that it was opposition to utilitarianism which first bred arguments claiming in one way or another that a view of morality according to which morality is very demanding is mistaken just be-cause morality cannot be so demanding. On first hearing, this type of argument is liable to seem suspect. Humans should be fit for morality, and unfortunately too often they are not – one is inclined to say. If we find morality too demanding the fault is with us and not with morality. The idea of human morality, in the sense of a morality fit for humans …

Understanding The Japanese Keiretsu: Overlaps Between Corporate Governance And Industrial Organization, Ronald J. Gilson, Mark J. Roe

Faculty Scholarship

We aim here for a better understanding of the Japanese keiretsu. Our essential claim is that to understand the Japanese system – banks with extensive investment in industry and industry with extensive cross-ownership – we must understand the problems of industrial organization, not just the problems of corporate governance. The Japanese system, we assert, functions not only to harmonize the relationships among the corporation, its shareholders, and its senior managers, but also to facilitate productive efficiency.

Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan Sturm

Faculty Scholarship

The rise of the public interest law movement ushered in an era of intense debate over the best way to provide legal representation to those unable to afford private counsel. This debate has involved two related dimensions of public interest representation. First, advocates and observers of public interest practice disagree over the proper role of lawyers acting on behalf of poor and underrepresented clients. They offer competing visions of representation spanning a continuum, from providing equal access to the courts for as many poor people as possible, to attacking the causes and effects of poverty and powerlessness.

The second dimension …

Competency To Refuse Psychotropic Medication: Three Alternatives To The Law's Cognitive Standard, Elyn R. Saks

University of Miami Law Review

No abstract provided.

The Amazing Three-Headed Limited Partner: Reflections On Old Loopholes And New Jurisprudence, Lisa Philipps

Articles & Book Chapters

No abstract provided.