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Articles 1321 - 1350 of 7800
Full-Text Articles in Law
The Law And The Brain: Judging Scientific Evidence Of Intent, Erica Beecher-Monas, Edgar Garcia-Rill
The Law And The Brain: Judging Scientific Evidence Of Intent, Erica Beecher-Monas, Edgar Garcia-Rill
The Journal of Appellate Practice and Process
This essay addresses the issue of judges deciding what scientific evidence is admissible. The primary focus is the admissibility of expert mental state testimony in criminal cases. The issue is addressed by answering two questions: 1) how does science work and 2) how does the brain work?
Standards For Certification Of Appellate Specialists, Melissa M. Serfass
Standards For Certification Of Appellate Specialists, Melissa M. Serfass
The Journal of Appellate Practice and Process
This practice note surveys state requirements for certification of appellate practice specialists.
Unpublished Opinions: A Comment, Richard S. Arnold
Unpublished Opinions: A Comment, Richard S. Arnold
The Journal of Appellate Practice and Process
The Honorable Richard S. Arnold gives a federal appellate judge’s perspective of the unpublished opinions debate.
Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison
Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison
The Journal of Appellate Practice and Process
This article discusses the uncertainty of United States Courts of Appeals jurisdiction over non-final orders.
Better Late Than Never: Settlement At The Federal Court Of Appeals, Mori Irvine
Better Late Than Never: Settlement At The Federal Court Of Appeals, Mori Irvine
The Journal of Appellate Practice and Process
The Civil Justice Reform Act of 1990 encouraged all federal district courts to implement alternative dispute resolution programs. Federal Courts of Appeals implemented alternative dispute resolution programs as early as 1974. This article surveys federal alternative dispute resolution programsthen takes an in-depth look at the Eleventh Circuit’s program. The article provides advice for appellate advocacy during mediation.
Federal Rule Of Civil Procedure 23(F): Interlocutory Appeals Of Class Action Certification Decisions, Kenneth S. Gould
Federal Rule Of Civil Procedure 23(F): Interlocutory Appeals Of Class Action Certification Decisions, Kenneth S. Gould
The Journal of Appellate Practice and Process
This article discusses the significance of Federal Rule of Civil Procedure 23(f). The article's review of Rule 23(f) includes the importance of class certification decisions and appellate review of certifications, historical imitations on appellate review of certifications, rationale for allowing appeal of interlocutory certification, operation of rule 23(f), the first application of the rule, and prospects of Rule 23(f) achieving its goals.
Racial Equality In The Twenty-First Century: What's Tax Policy Got To Do With It?, Dorothy A. Brown
Racial Equality In The Twenty-First Century: What's Tax Policy Got To Do With It?, Dorothy A. Brown
University of Arkansas at Little Rock Law Review
No abstract provided.
Say It Loud: Indirect Speech And Racial Equality In The Interrogation Room, C. Antoinette Clarke
Say It Loud: Indirect Speech And Racial Equality In The Interrogation Room, C. Antoinette Clarke
University of Arkansas at Little Rock Law Review
No abstract provided.
Commercial And Corporate Lawyers 'N The Hood, Alfred Dennis Mathewson
Commercial And Corporate Lawyers 'N The Hood, Alfred Dennis Mathewson
University of Arkansas at Little Rock Law Review
No abstract provided.
Higher Education Admissions And The Search For One Important Thing, Michael A. Olivas
Higher Education Admissions And The Search For One Important Thing, Michael A. Olivas
University of Arkansas at Little Rock Law Review
No abstract provided.
American Indian Education: The Terror Of History And The Nation's Debt To The Indian Peoples, Raymond Cross
American Indian Education: The Terror Of History And The Nation's Debt To The Indian Peoples, Raymond Cross
University of Arkansas at Little Rock Law Review
No abstract provided.
Race, Law, And Culture: A Call To New Thinking, Leadership, And Action, Wendell L. Griffen
Race, Law, And Culture: A Call To New Thinking, Leadership, And Action, Wendell L. Griffen
University of Arkansas at Little Rock Law Review
No abstract provided.
Culturally Significant Speech: Law, Courts, Society, And Racial Equity, Larry Catá Backer
Culturally Significant Speech: Law, Courts, Society, And Racial Equity, Larry Catá Backer
University of Arkansas at Little Rock Law Review
No abstract provided.
Racial Equity In Housing, Chester Hartman
Racial Equity In Housing, Chester Hartman
University of Arkansas at Little Rock Law Review
No abstract provided.
Race And Higher Education: A Rallying-Cry For Racial Justice And Equal Educational Opportunity, Pace Jefferson Mcconkie
Race And Higher Education: A Rallying-Cry For Racial Justice And Equal Educational Opportunity, Pace Jefferson Mcconkie
University of Arkansas at Little Rock Law Review
No abstract provided.
Environmental Justice: The Path To A Remedy That Hits The Mark, Ora Fred Harris Jr.
Environmental Justice: The Path To A Remedy That Hits The Mark, Ora Fred Harris Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden
It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden
University of Arkansas at Little Rock Law Review
No abstract provided.
Racism In Athletics: Subtle Yet Persistent, Timothy Davis
Racism In Athletics: Subtle Yet Persistent, Timothy Davis
University of Arkansas at Little Rock Law Review
No abstract provided.
Oral Argument’S Big Challenge: Fielding Questions From The Court, Jason Vail
Oral Argument’S Big Challenge: Fielding Questions From The Court, Jason Vail
The Journal of Appellate Practice and Process
This article contains advice for handling questions during oral argument .
The Role Of Assets In Assuring Equity, Cruz Reynoso
The Role Of Assets In Assuring Equity, Cruz Reynoso
University of Arkansas at Little Rock Law Review
No abstract provided.
Setting An Agenda For The Study Of Tax And Black Culture, Beverly Moran
Setting An Agenda For The Study Of Tax And Black Culture, Beverly Moran
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law, James Clark
Criminal Procedure, Tracey L. Mitchell
Criminal Procedure, Tracey L. Mitchell
South Carolina Law Review
No abstract provided.
The Take And Give Of Esa Administration: The Need For Creative Solutions In The Face Of Expanding Regulatory Proscriptions, Christine O. Gregoire, Robert K. Costello
The Take And Give Of Esa Administration: The Need For Creative Solutions In The Face Of Expanding Regulatory Proscriptions, Christine O. Gregoire, Robert K. Costello
Washington Law Review
Salmon play a significant role in the culture, economy, and ecology of Washington State. Their threatened extinctions have led to a string of listings under the federal Endangered Species Act. This Article considers our response to these listings and the relationship of that response to federal oversight. Part I discusses how the ESA will affect the actions and activities of state and local governments and the citizens they serve. Part II discusses the need for latitude on the part of the federal agencies in assessing the value of state conservation and recovery efforts. This Article concludes that the plight of …
Truce In The Salmon War: Alternatives For The Pacific Salmon Treaty, Karol De Zwager Brown
Truce In The Salmon War: Alternatives For The Pacific Salmon Treaty, Karol De Zwager Brown
Washington Law Review
The 1985 Pacific Salmon Treaty was heralded as an end to the ongoing international dispute between the United States and Canada over Pacific salmon fishing rights. The Treaty, however, failed to define adequately the principles and processes for allocating salmon harvests between the two countries. The parties to the Treaty have been unable to reach consensus on annual salmon harvests since 1992, fueling a growing conflict which has threatened to spill over to issues beyond the fishery dispute. This Article examines the historical context of the "salmon war," highlighting changes in international law and domestic politics that affected the formation …
How Do You Learn From A River? Managing Uncertainty In Species Conservation Policy, John M. Volkman
How Do You Learn From A River? Managing Uncertainty In Species Conservation Policy, John M. Volkman
Washington Law Review
As the Puget Sound region embarks on a new chapter in the story of the Endangered Species Act, experiences with fish and wildlife restoration efforts in other locations can be instructive. This Article reviews conservation efforts in the Columbia River Basin, and it explains the major role that scientific uncertainty plays in salmon conservation efforts. This discussion describes the debate between traditional fish and wildlife management, which focuses more on individual populations and mitigation technologies, and recent scientific reports, which urge more reliance on naturally functioning rivers and watersheds. The Article also describes a variety of learning tools that have …
The Role Of Rights In Benefit Cost Methodology: The Example Of Salmon And Hydroelectric Dams, Richard O. Zerbe Jr., Linda J. Graham
The Role Of Rights In Benefit Cost Methodology: The Example Of Salmon And Hydroelectric Dams, Richard O. Zerbe Jr., Linda J. Graham
Washington Law Review
Benefit cost analysis is a well-established technique for assessing the impacts of proposed actions. Accurate benefit cost analysis is essential to making informed decisions through an understanding of the trade-offs involved in alternative actions. This Article presents a methodology for improving current benefit cost techniques and hence the usefulness of benefit cost analysis to decisionmakers. The proposed methodology is based on recognition of the roles of legal rights and psychological expectations in benefit cost analysis. Proper consideration of these rights and expectations is critical to an accurate determination of how benefits and costs are measured and whose interests are included …
Corporate Social Responsibility: Dangerous And Harmful Though Maybe Not Irrelevant , Yoshiro Miwa
Corporate Social Responsibility: Dangerous And Harmful Though Maybe Not Irrelevant , Yoshiro Miwa
Cornell Law Review
No abstract provided.
Promoting Competition In The Telecommunications Markets: Why The Fcc Should Adopt A Less Stringent Approach To Its Review Of Section 271 Applications , Eric M. Swedenburg
Promoting Competition In The Telecommunications Markets: Why The Fcc Should Adopt A Less Stringent Approach To Its Review Of Section 271 Applications , Eric M. Swedenburg
Cornell Law Review
No abstract provided.
Commonalities And Prescriptions In The Vertical Dimension Of Global Corporate Governance , Lawrence A. Cunningham
Commonalities And Prescriptions In The Vertical Dimension Of Global Corporate Governance , Lawrence A. Cunningham
Cornell Law Review
No abstract provided.