Law Commons^™

The Standing Of The United States: How Criminal Prosecutions Show That Standing Doctrine Is Looking For Answers In All The Wrong Places, Edward A. Hartnett

Michigan Law Review

The Supreme Court insists that Article III of the Constitution requires a litigant to have standing in order for her request for judicial intervention to constitute a "case" or "controversy" within the jurisdiction of a federal court; it also insists that the "irreducible constitutional minimum" of standing requires (1) that the litigant suffer an "injury in fact"; (2) that the person against whom the judicial intervention is sought have caused the injury; and (3) that the requested judicial intervention redress the injury. The requisite injury in fact, the Court repeatedly declares, must be "personal," "concrete and particularized," and "actual or …

A Case-By-Case Approach To Pleading Scienter Under The Private Securities Litigation Reform Act Of 1995, Matthew Roskoski

Michigan Law Review

Securities fraud litigation under Rule lOb-5 threatens all publicly traded companies: according to the Stanford Securities Class Action Clearinghouse, in 1998 a securities fraud lawsuit was filed for nearly every day that the stock markets were open. Some of these lawsuits appear to be frivolous, triggered by inevitable fluctuations in stock prices (so-called "fraud by hindsight" complaints), while others represent legitimate efforts at private enforcement of the securities laws. Disposition on the pleadings is a critical defense strategy for all securities lawsuits. Securities fraud lawsuits that withstand a 12(b)(6) motion almost always settle, regardless of the actual merits of the …

The Changing Tradition Of Constitutional Review Of Sign And Billboard Regulation, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Canons Of Construction, Stare Decisis And Dependent Indian Communities: A Test Of Judicial Integrity, David M. Blurton

Alaska Law Review

No abstract provided.

Choice Of Law In Alaska: A Survival Guide For Using The Second Restatement, James A. Meschewski

Alaska Law Review

No abstract provided.

Tort Reform In Alaska: Much Ado About Nothing?, Christopher T. Stidvent

Alaska Law Review

No abstract provided.

Journal Staff

Alaska Law Review

No abstract provided.

Year In Review 1998: Cases From Alaska Supreme Court, Alaska Court Of Appeals, U.S. Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska, Michael P. Carey, Alison C. Conlon, Steven E. Miskinis, Justin C. Sullivan

Alaska Law Review

No abstract provided.

Of Horror Stories And Happy Endings: The Rise And Fall Of Preclusion-Based Compulsory Party Joinder Under The New Jersey Entire Controversy Doctrine, Howard M. Erichson

Seton Hall Constitutional Law Journal

No abstract provided.

The Evolution Of The "Entire Controversy" Doctrine And Its Enduring Effects On The Attorney-Client Relationship: What A Long, Strange Trip It Has Been, Daniel M. Serviss

Seton Hall Constitutional Law Journal

No abstract provided.

Hopwood: Bakke Ii And Skeptical Scrutiny, Cedric Merlin Powell

Seton Hall Constitutional Law Journal

No abstract provided.

Article Iii, Section 2, Clause 2 - Original Jurisdiction Of The United States Supreme Court - In An Interstate Boundary Dispute, New Jersey Was Granted Sovereign Authority Over The Landfilled Portion Of Ellis Island, With New York Retaining Sovereign Authority Over The Original Portion, Pursuant To The Express Terms Of The States' Compact Of 1834 - New Jersey V. New York, 118 S. Ct. 1726 (1998)., Patrick T. Mottola

Seton Hall Constitutional Law Journal

No abstract provided.

Fourth And Fourteenth Amendments - Search And Seizure - Police Officers With Probable Cause To Search An Automobile May Inspect Passenger's Belongings That Are Found In The Car, Which Are Capable Of Concealing The Object Of The Search, Even Without Reasonable Belief That The Passenger Was Engaged In A Common Enterprise Or That The Driver Had Time To Conceal Items - Wyoming V. Houghton, 119 S. Ct. 1297 (1999)., David Lawrence Burnett

Seton Hall Constitutional Law Journal

No abstract provided.

Is Standing Law Or Politics, Richard J. Pierce Jr.

North Carolina Law Review

No abstract provided.

Alternative Ways Out: A Remedial Road Map For The Use Of Alternative Electoral Systems As Voting Rights Act Remedies, Steven J. Mulroy

North Carolina Law Review

No abstract provided.

Judicial Review Gone Awry: The Supreme Court Rewrites The Nlrb's Unitary Standard In Allentown Mack Sales & Service, Inc. V. Nlrb, Curtis H. Allen Iii

North Carolina Law Review

No abstract provided.

Striking An Unequal Balance: The Fourth Circuit Holds That Public School Teachers Do Not Have First Amendment Rights To Set Curricula In Boring V. Buncombe County Board Of Education, Kara Lynn Grice

North Carolina Law Review

No abstract provided.

Herding Cats: Improving Law School Teaching, Ted Occhialino, Michael M. Simon, Robert L. Fried

Faculty Scholarship

What makes a good law teacher? Is excellence in teaching largely a matter of intellectual brilliance, of superior organization and delivery of material, of friendliness and fairness to one's students? Or does it have more to do with style, with stage presence, with the ability to engage an audience in the act of reflective and spontaneous thinking?

We conducted a survey, described below, of programs to improve teaching in law schools. We found that the efforts law schools make to improve teaching are generally focused on newer faculty and take place in the emotionally charged context of tenure decisions. Few …

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Chapter Ii: International Status And Navigation Of Warships And Military Aircraft

International Law Studies

No abstract provided.

Chapter I: Legal Divisions Of The Oceans And Airspace

International Law Studies

No abstract provided.

Stop Me Before I Quantify Again: The Role Of Political Science In The Study Of Election Law, James A. Gardner

Journal Articles

No abstract provided.

Chapter Xi: Noncombatant Persons

International Law Studies

No abstract provided.

Introduction (Volume 73)

International Law Studies

No abstract provided.

Chapter Vi: Adherence And Enforcement

International Law Studies

No abstract provided.

Chapter Iv: Safeguarding Of U.S. National Interests In The Maritime Environment

International Law Studies

No abstract provided.

Census Politics Revisited: What To Do When The Government Can't Count? , Benjamin J. Razi

American University Law Review

No abstract provided.

A Second Look At Amended Rule 11 , Theodore C. Hirt

American University Law Review

No abstract provided.

Article Iii And The Adequate And Independent State Grounds Doctrine , Cynthia L. Fountaine

American University Law Review

No abstract provided.