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Articles 1 - 30 of 52
Full-Text Articles in Law
Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau
Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau
University of Michigan Journal of Law Reform
In response to the "crisis of volume," state and federal appellate courts have been restricting the opinions they write to those opinions which will: (1) establish a new. rule of law or expand, alter, or modify an existing rule; (2) involve a legal issue of continuing public interest; (3) criticize existing law; or (4) resolve a conflict of authority. All other opinions are limited to brief statements of the reasons for the decision, go unpublished, and generally carry a prohibition against their being cited as precedent. Recently, critics have alleged a number of faults with this practice, including the supposed …
Five Views Of Federalism: "Converse-1983" In Context, Akhil R. Amar
Five Views Of Federalism: "Converse-1983" In Context, Akhil R. Amar
Vanderbilt Law Review
In 1987, I published an overly long article in the Yale Law Journal entitled Of Sovereignty and Federalism. In it, I advanced a "converse-1983" model of federalism-a model that highlighted the ways in which state laws can provide remedies when federal officials violate federal constitutional rights. For example, prior to the 1971 landmark of Bivens v. Six Unknown Federal Agents, citizens whose Fourth Amendment rights had been violated by federal officers had no clear federal cause of action; but state trespass law often provided a remedy, and enabled citizens to recover when their "persons, houses, papers, [or] effects" had been …
Congressional Commentary On Judicial Interpretations Of Statutes: Idle Chatter Or Telling Response?, James J. Brudney
Congressional Commentary On Judicial Interpretations Of Statutes: Idle Chatter Or Telling Response?, James J. Brudney
Michigan Law Review
There are two principal aspects of my thesis. First, it is desirable to consider seriously these legislative signals of approval and disapproval, because a blanket rejection, or even systematic hostility, imposes significant opportunity costs on Congress. If the judiciary refuses to consider these signals, Congress will have to expend extra resources to achieve the same ends. That expense will diminish the institution's ability to enact other laws and in some cases will alter the character of the other laws that it is able to enact. The consequent diminution or depletion of Congress's legislative authority is unhealthy from a democratic perspective …
The Straits Of Stare Decisis And The Utah Court Of Appeals: Navigating The Scylla Of Under-Application And The Charybdis Of Over-Application, Paul W. Werner
The Straits Of Stare Decisis And The Utah Court Of Appeals: Navigating The Scylla Of Under-Application And The Charybdis Of Over-Application, Paul W. Werner
BYU Law Review
No abstract provided.
The Equal Access To Justice Act--Are The Bankruptcy Courts Less Equal Than Others?, Matthew J. Fischer
The Equal Access To Justice Act--Are The Bankruptcy Courts Less Equal Than Others?, Matthew J. Fischer
Michigan Law Review
This Note argues that the bankruptcy courts have authority under the BAJA to shift fees against the federal government. Part I discusses the relevant caselaw and examines the basis of the current controversy. Part II examines the statutory language, the legislative history, and the stated purposes of the BAJA and concludes that each of these aspects of the statute demonstrates a congressional intent to grant fee-shifting authority to the bankruptcy courts. Part III considers alternatives to finding bankruptcy court jurisdiction over BAJA disputes, rejecting each as inefficient and unnecessary. This Note concludes that courts should construe the BAJA consistently with …
Losing The Right To Confront: Defining Waiver To Better Address A Defendant's Actions And Their Effects On A Witness, David J. Tess
Losing The Right To Confront: Defining Waiver To Better Address A Defendant's Actions And Their Effects On A Witness, David J. Tess
University of Michigan Journal of Law Reform
Part I of this Note examines the current legal landscape regarding a defendant's waiver of the right to confrontation. This Part explores the justifications courts have provided for finding a waiver of the confrontation right, both through the use of the traditional "intentional relinquishment of a known right" standard and the less precise formulations of waiver found in cases of defendant misconduct. Part II offers a critique of the reasoning courts employ to find waiver of the right to confrontation. In the process, the analysis explores general theories of waiver which have been advanced by other commentators. In so doing, …
Rereading "The Federal Courts": Revising The Domain Of Federal Courts Jurisprudence At The End Of The Twentieth Century, Judith Resnik
Rereading "The Federal Courts": Revising The Domain Of Federal Courts Jurisprudence At The End Of The Twentieth Century, Judith Resnik
Vanderbilt Law Review
A first enterprise in understanding and reframing Federal Courts jurisprudence is to locate, descriptively, "the Federal Courts." This activity-identifying the topic-may seem too obvious for comment, but I hope to show its utility. One must start with a bit of history, going back to the "beginning" of this body of jurisprudence. The relevant date is 1928, when Felix Frankfurter and James Landis, who began this conversation, published their book, The Business of the Supreme Court: A Study in the Federal Judicial System. Three years later, in 1931, Felix Frankfurter, then joined by Wilber G. Katz (and later by Harry Shulman), …
Litigation And Inequality: Federal Diversity Jurisdiction In Industrial America, David A. Luigs
Litigation And Inequality: Federal Diversity Jurisdiction In Industrial America, David A. Luigs
Michigan Law Review
A Review of Litigation and Inequality: Federal Diversity Jurisdiction in Industrial America by Edward A. Purcell, Jr.
Beyond The Reasons Stated In Judgments, Giorgio Gaja
Beyond The Reasons Stated In Judgments, Giorgio Gaja
Michigan Law Review
A Review of The Legal Reasoning of the European Court of Justice: Towards a European Jurisprudence by Joxerramon Bengoetxea
The Evolution Of Coordinate Precedential Authority In Canada: Interprovincial Citations Of Judicial Authority, 1922-92, Peter Mccormick
The Evolution Of Coordinate Precedential Authority In Canada: Interprovincial Citations Of Judicial Authority, 1922-92, Peter Mccormick
Osgoode Hall Law Journal
It comes as no surprise that the provincial courts of appeal frequently cite as authority the decisions of the Supreme Court of Canada or the prior decisions of the court of appeal itself. However, the citation practices of these courts also show (emerging before, and persisting after, 1970) a striking reliance on their counterparts in other provinces. Both the simple existence of this interprovincial conversation and the details of its provenance-such as the dominance of Ontario, the persistent isolation of Quebec, the recent emergence of British Columbia-constitute an important and distinctive element of judicial decision making in Canada.
28 U.S.C. § 1658: A Limitation Period With Real Limitations, Kimberly Jade Norwood
28 U.S.C. § 1658: A Limitation Period With Real Limitations, Kimberly Jade Norwood
Indiana Law Journal
No abstract provided.
Experts, Liars, And Guns For Hire: A Different Perspective On The Qualification Of Technical Expert Witnesses, Christopher P. Murphy
Experts, Liars, And Guns For Hire: A Different Perspective On The Qualification Of Technical Expert Witnesses, Christopher P. Murphy
Indiana Law Journal
No abstract provided.
The New Law Of Murder, Daniel Givelber
Federal Court Abstention In Civil Rights Cases: Chief Justice Rehnquist And The New Doctrine Of Civil Rights Abstention, Bryce M. Baird
Federal Court Abstention In Civil Rights Cases: Chief Justice Rehnquist And The New Doctrine Of Civil Rights Abstention, Bryce M. Baird
Buffalo Law Review
No abstract provided.
Enforcing Corrections-Related Court Orders In The District Of Columbia, Jonatham M. Smith
Enforcing Corrections-Related Court Orders In The District Of Columbia, Jonatham M. Smith
University of the District of Columbia Law Review
In 1909, a presidential commission made the following comment about the conditions that prevailed in the District of Columbia's jail: That men and women should be sent to these narrow and confined cells, the lazy to be fostered in laziness, the industrious to be deprived of every form of employment, in one promiscuous assembly, to corrupt and be corrupted by each other, to be fed like beasts and maintained at the public charge, with no prospect for improvement in condition, with the moral certainty that they will come out far worse than they went in, is a fact that has …
Res Judicata And Plaintiff's Burden Of Invoking A Federal Court's Supplemental Jurisdiction To Save "State" Court Claims In The District Of Columbia: A Bright Line Test, Stephen Giunta
University of the District of Columbia Law Review
No abstract provided.
Truth, Justice, And The American Way: The Case Against The Client Perjury Rules, Jay S. Silver
Truth, Justice, And The American Way: The Case Against The Client Perjury Rules, Jay S. Silver
Vanderbilt Law Review
In 1637, England's dreaded Court of Star Chamber pronounced the sentence: John Bastwick, a Puritan activist,' was to be pilloried twice with one ear cut off each time, imprisoned in perpetuity without "books, pen, ink, or paper," stripped of his university degrees, and fined 5,000. Shortly before, he had been escorted up a twisting staircase in Westminster Palace and into a dark, cavernous room with stars painted on the ceiling to be tried on charges of criminal libel for having penned a political tract critical of the government. According to Star Chamber procedure, since Bastwick's counsel refused to vouch for …
Supreme Court Voting Behavior: 1992 Term, Richard G. Wilkins, Troy R. Braegger, James L. Kimball Iii
Supreme Court Voting Behavior: 1992 Term, Richard G. Wilkins, Troy R. Braegger, James L. Kimball Iii
Brigham Young University Journal of Public Law
No abstract provided.
The Role Of Race In The Memphis Courts, D'Army Bailey
The Role Of Race In The Memphis Courts, D'Army Bailey
Washington and Lee Law Review
No abstract provided.
Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker
Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker
Michigan Law Review
In the early 1960s, the Supreme Court adopted generous standards governing federal habeas petitions by state prisoners. At that time, the Court suggested, rather surprisingly, that its solicitude toward such petitions might be constitutionally mandated by the Suspension Clause, the only provision in the Constitution that explicitly refers to the "Writ of Habeas Corpus." Now, thirty years later, the Court has essentially overruled those expansive rulings, and Congress has considered, though not yet enacted, further limitations on the availability of the writ. Despite these significant assaults on the habeas forum, the constitutional argument appears to have been entirely abandoned. The …
The Challenge Ahead: Increasing Predictability In Federal Circuit Jurisprudence For The New Century, Paul R. Michel
The Challenge Ahead: Increasing Predictability In Federal Circuit Jurisprudence For The New Century, Paul R. Michel
American University Law Review
No abstract provided.
Government Contract Cases Before The United States Court Of Appeals For The Federal Circuit, Richard B. Clifford, Jr., Alan R. Yuspeh, Lucy Gies
Government Contract Cases Before The United States Court Of Appeals For The Federal Circuit, Richard B. Clifford, Jr., Alan R. Yuspeh, Lucy Gies
American University Law Review
No abstract provided.
Review Of The 1993 Trademark Decisions Of The Court Of Appeals For The Federal Circuit, Stephen R. Baird
Review Of The 1993 Trademark Decisions Of The Court Of Appeals For The Federal Circuit, Stephen R. Baird
American University Law Review
No abstract provided.
Military Justice: From Oxymoron To Aspiration, Janet Walker
Military Justice: From Oxymoron To Aspiration, Janet Walker
Osgoode Hall Law Journal
The mandate for Charter-based judicial review of military law is now in its second decade. Comparative analysis of the relationship between military law and the civilian judiciary in common law countries reveals that Canadian courts benefitting from this mandate are so placed within the constitutional structure as to be uniquely able to engage in substantive review of the adherence to the principles of fundamental justice by Canadian courts martial. Accordingly, the question of the jurisdiction of military tribunals which has formed the focal point internationally for judicial review is of passing significance in Canada. The yet critical issues of civilian …
The Key To Unlocking The Clubhouse Door: The Application Of Antidiscrimination Laws To Quasi-Private Clubs, Sally Frank
The Key To Unlocking The Clubhouse Door: The Application Of Antidiscrimination Laws To Quasi-Private Clubs, Sally Frank
Michigan Journal of Gender & Law
This article focuses on discrimination in quasi-private clubs and the impact of laws and the United States Constitution on that discrimination. For the purposes of this article, a quasi-private club is any organization that claims to be private but which might in fact be viewed as public. The term "quasi-private" is used because litigation concerning discrimination in such organizations often rests on whether the entity is private, and therefore cannot be regulated.
Power Of Courts: Bloom V. Crosson
1993 Federal Circuit Decisions In The Shadow Of The Uruguay Round, Gracia M. Berg, Peter Lichtenbaum
1993 Federal Circuit Decisions In The Shadow Of The Uruguay Round, Gracia M. Berg, Peter Lichtenbaum
American University Law Review
No abstract provided.
A Year In Review: The Federal Circuit's Patent Decisions Of 1993, Thomas L. Irving, Michael D. Kaminski, Linda S. Evans, Donald R. Mcphail
A Year In Review: The Federal Circuit's Patent Decisions Of 1993, Thomas L. Irving, Michael D. Kaminski, Linda S. Evans, Donald R. Mcphail
American University Law Review
No abstract provided.
The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith
The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith
Indiana Law Journal
No abstract provided.
Swimming The Murky Waters: The Second Circuit And Subject-Matter Jurisdiction In Copyright Infringement Cases From T.B. Harms V. Eliscu To Schoenberg V. Shapolsky Publishers, Inc., Jay S. Fleischman
Buffalo Law Review
No abstract provided.