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2001

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Articles 1 - 30 of 165

Full-Text Articles in Law

The Courtroom Technology Wars Are Here!, Fredric I. Lederer Dec 2001

The Courtroom Technology Wars Are Here!, Fredric I. Lederer

Popular Media

No abstract provided.


The Pathological Politics Of Criminal Law, William J. Stuntz Dec 2001

The Pathological Politics Of Criminal Law, William J. Stuntz

Michigan Law Review

Substantive criminal law defines the conduct that the state punishes. Or does it? If the answer is yes, it should be possible, by reading criminal codes (perhaps with a few case annotations thrown in), to tell what conduct will land you in prison. Most discussions of criminal law, whether in law reviews, law school classrooms, or the popular press, proceed on the premise that the answer is yes. Law reform movements regularly seek to broaden or narrow the scope of some set of criminal liability rules, always on the assumption that by doing so they will broaden or narrow the ...


Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner Dec 2001

Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner

Michigan Law Review

During patent infringement litigation, the Federal Rules of Civil Procedure ("FRCP") and the federal district court's local rules govern the parties' pretrial discovery and motion practice. The U.S. District Court for the Northern District of California has adopted the most comprehensive local rules to date covering pretrial procedures in the patent litigation context. The Northern District of California Patent Local Rules ("Local Rules") may come to have a significant impact throughout the federal courts, as it appears that other jurisdictions and commentators are looking to the Local Rules for guidance. For instance, the American Bar Association Section of ...


Communis Opinio And The Methods Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy Dec 2001

Communis Opinio And The Methods Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy

Law Faculty Scholarly Articles

Interpretive methodology lies at the core of the Supreme Court's persistent modern debate about statutory interpretation. Supreme Court Justices have applied two fundamentally different methods of interpretation. One is the formalist method, which seeks to promote rule-of-law values and purports to constrain the discretion of judges by limiting them to the autonomous legal text. The second is the nonformalist or antiformalist method, which may consider the legislature's intent or purpose or other evidence as context for understanding the statutory text. The debate within the current Court is commonly framed and advanced by Justices Stevens and Scalia. Justice Scalia ...


Introduction To The Symposium: The Judicial Process Appointments Process, Carly Van Orman Dec 2001

Introduction To The Symposium: The Judicial Process Appointments Process, Carly Van Orman

William & Mary Bill of Rights Journal

No abstract provided.


The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little Dec 2001

The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little

William & Mary Bill of Rights Journal

No abstract provided.


Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova Dec 2001

Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova

William & Mary Bill of Rights Journal

No abstract provided.


The "Blue Slip": Enforcing The Norms Of The Judicial Confirmation Process, Brannon P. Denning Dec 2001

The "Blue Slip": Enforcing The Norms Of The Judicial Confirmation Process, Brannon P. Denning

William & Mary Bill of Rights Journal

No abstract provided.


The Bush Administration And Appeals Court Nominees, Carl Tobias Dec 2001

The Bush Administration And Appeals Court Nominees, Carl Tobias

William & Mary Bill of Rights Journal

No abstract provided.


The Questioning Of Lower Federal Court Nominees At Senate Confirmation Hearings, William Ross Dec 2001

The Questioning Of Lower Federal Court Nominees At Senate Confirmation Hearings, William Ross

William & Mary Bill of Rights Journal

No abstract provided.


The Competency Conundrum: Problems Courts Have Faced In Applying Different Standards For Competency To Be Executed, John L. Farringer, Iv Nov 2001

The Competency Conundrum: Problems Courts Have Faced In Applying Different Standards For Competency To Be Executed, John L. Farringer, Iv

Vanderbilt Law Review

Throughout Anglo-American legal history, there has been a general agreement, based on numerous rationales, that mentally incompetent inmates should not be executed for their crimes. The recurring problem, however, is how to define "incompetence" or "insanity." Legislatures and courts have sought to provide a common- sense definition, but in practice judges must confront highly technical terminology from the ever evolving field of psychiatry. Additionally, the definition must be flexible enough to apply to a variety of cases, while being universal enough to assure that all defendants are treated fairly and equally.

At hearings to determine a prisoner's competency to ...


A Hybrid Approach To The Use Of Deliberate Ignorance In Conspiracy Cases, Jessica A. Kozlov-Davis Nov 2001

A Hybrid Approach To The Use Of Deliberate Ignorance In Conspiracy Cases, Jessica A. Kozlov-Davis

Michigan Law Review

When hunted, the ostrich is said to run a certain distance and then thrust its head into the sand, thinking, because it cannot see, that it cannot be seen by the hunters. Legal parlance therefore refers to the "ostrich instruction," used when a defendant acts with the awareness of a high probability of the existence of an incriminating fact, but remains deliberately ignorant as to whether the fact actually exists, hoping his ignorance will maintain his innocence. The defendant is like the ostrich - he thinks that if he does not actually see the facts, even though he knows they are ...


Violence And The Truth, Joseph L. Hoffmann Oct 2001

Violence And The Truth, Joseph L. Hoffmann

Indiana Law Journal

Harry Pratter Professorship Lecture, Indiana University School of Law, Bloomington, Indiana


Protecting Our Mentally Ill: A Critique Of The Role Of Indiana State Courts In Protecting Involuntarily Committed Mental Patients' Right To Refuse Medication, Michael Leonard Goff Jr. Oct 2001

Protecting Our Mentally Ill: A Critique Of The Role Of Indiana State Courts In Protecting Involuntarily Committed Mental Patients' Right To Refuse Medication, Michael Leonard Goff Jr.

Indiana Law Journal

No abstract provided.


Coping With Disaster, Judith S. Kaye Oct 2001

Coping With Disaster, Judith S. Kaye

The Journal of Appellate Practice and Process

This essay is the text of the keynote address given at the National Appellate Bench/Bar Conference and Colloquy on October 5, 2001. The New York court system was wounded during the September 11 attacks. One court was situated inside the World Trade Center and the other busy Manhattan courts were inaccessible. Reviving the Manhattan courts was a feat that no one was prepared for but was eagerly taken on.


The Politics Of Bush V. Gore, Evan Tsen Lee Oct 2001

The Politics Of Bush V. Gore, Evan Tsen Lee

The Journal of Appellate Practice and Process

Critical Legal Studies ("the Crits") burst onto the law school scene in the mid-1970s. The Crits believe that "all law is politics." The Crits lost their momentum by the 1990s. The case Bush v. Gore has forced many to believe that all law is in fact politics.


An Update On The Ninth Circuit Debate, Carl Tobias Oct 2001

An Update On The Ninth Circuit Debate, Carl Tobias

The Journal of Appellate Practice and Process

The Commission on Structural Alternatives for the Federal Courts of Appeals suggested in its final report a division of the Ninth Circuit. Congress presented many bills that would carry out the commission's suggestion. These events may have a significant effect on the future of the federal appellate courts.


Felons, Firearms, And Federalism: Reconsidering Scarborough In Light Of Lopez, Brent E. Newton Oct 2001

Felons, Firearms, And Federalism: Reconsidering Scarborough In Light Of Lopez, Brent E. Newton

The Journal of Appellate Practice and Process

The application of the federal prohibition of felons possessing firearms is a stretch of the Commerce Clause. Most cases involve a felon who merely happened to be in possession of a firearm. The only relationship to interstate commerce in these cases is that the firearms found were usually manufactured in another state. The application of this prohibition leaves the future of federalism in question.


Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff Oct 2001

Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff

Cornell Law Faculty Publications

The political process theory introduced by the Carolene Products footnote and developed through subsequent scholarship has shaped much of the modern constitutional landscape. Process theory posits that courts may justifiably intervene in the political arena when institutional obstacles impede corrective action by political actors themselves. Judged by this standard, the United States Supreme Court's decision in Bush v. Gore was a failure, because the majority could not explain why its interference was necessary. More broadly, Bush v. Gore points to a central deficiency in process theory: it relies upon the Justices to guard against their own overreaching, but does ...


"Be Careful What You Ask For": The 2000 Presidential Election, The U.S. Supreme Court, And The Law Of Criminal Procedure, Craig M. Bradley, Joseph L. Hoffmann Oct 2001

"Be Careful What You Ask For": The 2000 Presidential Election, The U.S. Supreme Court, And The Law Of Criminal Procedure, Craig M. Bradley, Joseph L. Hoffmann

Indiana Law Journal

No abstract provided.


Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman Oct 2001

Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The basis for these comments is a decision last year by the Eighth Circuit Court of Appeals in Anastasoff v. United States. The court held that an Eighth Circuit local rule, which authorized nonpublication of opinions and explicitly stated that unpublished opinions were to have no precedential effect, was unconstitutional. The panel, in an opinion by Judge Richard S. Arnold, reasoned that a court rule purporting to confer upon appellate judges an absolute power to decide which decisions would be binding and which would not be binding went well beyond the “judicial power” within the meaning of Article III of ...


When Lawyers Break The Law: How The District Of Columbia Court Of Appeals Disciplines Members Of The Bar Who Commit Crimes, Larry Cunningham Sep 2001

When Lawyers Break The Law: How The District Of Columbia Court Of Appeals Disciplines Members Of The Bar Who Commit Crimes, Larry Cunningham

University of the District of Columbia Law Review

No abstract provided.


Capital Punishment: 21st Century Lynching, Serena L. Hargrove Sep 2001

Capital Punishment: 21st Century Lynching, Serena L. Hargrove

University of the District of Columbia Law Review

No abstract provided.


Judicial Nomination And Confirmation Process: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Sept. 4, 2001 (Statement Of Mark V. Tushnet, Prof. Of Law, Geo. U. L. Center), Mark V. Tushnet Sep 2001

Judicial Nomination And Confirmation Process: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Sept. 4, 2001 (Statement Of Mark V. Tushnet, Prof. Of Law, Geo. U. L. Center), Mark V. Tushnet

Testimony Before Congress

No abstract provided.


Picking Federal Judges: A Note On Policy And Partisan Selection Agendas, Micheal W. Giles, Virginia A. Hettinger, Todd C. Peppers Sep 2001

Picking Federal Judges: A Note On Policy And Partisan Selection Agendas, Micheal W. Giles, Virginia A. Hettinger, Todd C. Peppers

Scholarly Articles

The importance of lower federal courts in the policymaking process has stimulated extensive research programs focused on the process of selecting the judges of these courts and the factors influencing their decisions. The present study employs judicial decisionmaking in the U.S. Courts of Appeals as a window through which to reexamine the politics of selection to the lower courts. It differs from previous studies of selection in three ways. First, it takes advantage of recent innovations in measurement to go beyond reliance on political party as a measure of the preferences of actors in the selection process. Second, employing ...


Single-Sex "Marriage": The Role Of The Courts, Lino A. Graglia Sep 2001

Single-Sex "Marriage": The Role Of The Courts, Lino A. Graglia

BYU Law Review

No abstract provided.


Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner Sep 2001

Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner

BYU Law Review

No abstract provided.


Can We Talk?: Removing Counterproductive Ethical Restraints Upon Ex Parte Communication Between Attorneys And Adverse Expert Witnesses, Stephen D. Easton Jul 2001

Can We Talk?: Removing Counterproductive Ethical Restraints Upon Ex Parte Communication Between Attorneys And Adverse Expert Witnesses, Stephen D. Easton

Indiana Law Journal

No abstract provided.


Gender Bias Task Force: Comments On Courtroom Environment, Sam W. Coleman, Iii Jun 2001

Gender Bias Task Force: Comments On Courtroom Environment, Sam W. Coleman, Iii

Washington and Lee Law Review

No abstract provided.


The Supreme Court's Plenary Docket, Margaret Meriwether Cordray, Richard Cordray Jun 2001

The Supreme Court's Plenary Docket, Margaret Meriwether Cordray, Richard Cordray

Washington and Lee Law Review

No abstract provided.