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Articles 1 - 30 of 96
Full-Text Articles in Law
An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil
An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil
William & Mary Law Review
No abstract provided.
Trends. Disclosure Of Post-9-11 Arrestees And Maslow’S Hierarchy Of Needs, Ibpp Editor
Trends. Disclosure Of Post-9-11 Arrestees And Maslow’S Hierarchy Of Needs, Ibpp Editor
International Bulletin of Political Psychology
This Trends article discusses the Maslowian hierarchy of needs in the context of 9-11 terrorist attacks and the relationship between executive and judicial branches of American government.
Constitutional Dignity And The Criminal Law, James E. Baker
Constitutional Dignity And The Criminal Law, James E. Baker
Georgetown Law Faculty Publications and Other Works
Criminal law is important because it helps to define who we are as a constitutional democracy. There is much that distinguishes our form of government from others, but certainly much of that distinction is found in the Bill of Rights and in two simple words: due process. All of which help to affirm the value and sanctity of the individual in our society. Broadly then, criminal law helps to define who we are as a nation that values both order and liberty.
That is what many of the greatest judicial debates are about, like those involving Holmes, Hand, Jackson, and …
Medicaid And The Unconstitutional Dimensions Of Prior Authorization, Jagan Nicholas Ranjan
Medicaid And The Unconstitutional Dimensions Of Prior Authorization, Jagan Nicholas Ranjan
Michigan Law Review
The political outcry over prescription drug costs has been one of the most vociferous in recent memory. From tales depicting renegade seniors sneaking cheap prescriptions of Vioxx out of Tijuana across the border, to the promises of reduced prices made by front-runners during the 2000 Presidential election, the calls for lower drug prices have been forceful and demanding. This war for lower-priced pharmaceuticals fought by consumers, interest groups and politicians against the pharmaceutical industry itself has recently developed yet another front. The latest battle is over Medicaid. The new victims are the poor. Presently, federal statutory provisions in the Medicaid …
The War On Terrorism And The Constitution, Michael I. Meyerson
The War On Terrorism And The Constitution, Michael I. Meyerson
All Faculty Scholarship
Discussion of civil liberties during wartime often omit the fact that there can be no meaningful liberty at all if our homes and offices are bombed or our loved ones are killed or injured by acts of terror. The Government must be given the tools necessary to accomplish its vital mission. The first priority must be to win the war against terrorism. There are, however, other priorities. The United States, in its just battle for freedom, must ensure that freedom is preserved during that battle as well. Moreover, care must be taken so that an exaggerated cry of “emergency” is …
Judge, Scholar, And Friend, J. Thomas Sullivan
Judge, Scholar, And Friend, J. Thomas Sullivan
The Journal of Appellate Practice and Process
No abstract provided.
A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon
A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon
The Journal of Appellate Practice and Process
No abstract provided.
Eustitia: Institutionalizing Justice In The European Union, Helen E. Hartnell
Eustitia: Institutionalizing Justice In The European Union, Helen E. Hartnell
Publications
The European Union is installing new infrastructure upon which to build a "genuine European area of justice. This "European judicial area" constitutes a key component of the "area of freedom, security and justice" ("AFSJ"). The Amsterdam Treaty added the AFSJ as a dimension of the Union, in order to promote the free movement of persons. "EUstitia" is a neologism that aims to capture both pragmatic and aspirational aspects of this new European governance project. The term is used here to refer solely to the civil law component of the AFSJ. This article both examines EUstitia's key features, and explores the …
A Tribute To The Honorable Procter Hug, Jr. , Mary M. Schroeder
A Tribute To The Honorable Procter Hug, Jr. , Mary M. Schroeder
Nevada Law Journal
No abstract provided.
Judge Procter Hug, Jr.: Jurist, Mentor, And Stellar Human Being, Charles R. Calleros
Judge Procter Hug, Jr.: Jurist, Mentor, And Stellar Human Being, Charles R. Calleros
Nevada Law Journal
No abstract provided.
Chief Judge Procter Hug, Jr. And The Split That Didn't Happen, Arthur D. Hellman
Chief Judge Procter Hug, Jr. And The Split That Didn't Happen, Arthur D. Hellman
Nevada Law Journal
No abstract provided.
Tribute Foreword, Carl Tobias
A Tribute To The Honorable Procter Hug, Jr. , James R. Browning
A Tribute To The Honorable Procter Hug, Jr. , James R. Browning
Nevada Law Journal
No abstract provided.
Congratulations To Judge Procter R. Hug, Jr., Melvin J. Brunetti
Congratulations To Judge Procter R. Hug, Jr., Melvin J. Brunetti
Nevada Law Journal
No abstract provided.
Congratulations To Judge Procter R. Hug, Jr., Barry G. Silverman
Congratulations To Judge Procter R. Hug, Jr., Barry G. Silverman
Nevada Law Journal
No abstract provided.
Congratulations To Judge Procter R. Hug, Jr., Harry Reid
Congratulations To Judge Procter R. Hug, Jr., Harry Reid
Nevada Law Journal
No abstract provided.
Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History , Thomas E. Baker
Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History , Thomas E. Baker
Nevada Law Journal
No abstract provided.
Judge Procter Hug, Jr. And The Exercise Of Good Judgment, Carl Tobias
Judge Procter Hug, Jr. And The Exercise Of Good Judgment, Carl Tobias
Nevada Law Journal
No abstract provided.
Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Cornell Law Faculty Publications
Many people rely on mental shortcuts, or heuristics, to make complex decisions, but this sometimes leads to inaccurate inferences, or cognitive illusions. A recent study suggests such cognitive illusions influence judicial decision making.
Judicial Disciplinary Law, Robin Jean Davis, Louis J. Palmer Jr.
Judicial Disciplinary Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Introduction And Table Of Contents, Robin Jean Davis, Louis J. Palmer Jr.
Introduction And Table Of Contents, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Interpretation Or Regulation? Gaunt V. John Hancock Mutual Life Insurance Company, Kenneth S. Abraham
Interpretation Or Regulation? Gaunt V. John Hancock Mutual Life Insurance Company, Kenneth S. Abraham
Nevada Law Journal
No abstract provided.
Emergencia, Derecho , Justicia Y Seguridad Jurídica, Horacio M. Lynch
Emergencia, Derecho , Justicia Y Seguridad Jurídica, Horacio M. Lynch
Horacio M. LYNCH
Análisis de la respuesta judicial a la crisis económica de 2002 involucrando, entre otras, las siguientes cuestiones: los amparos, su tramitación, y sus secuelas; la declaración de la inconstitucionalidad de oficio, "órdenes imposibles de cumplir", la colisión de derechos; y cuestiones político institucionales, como la gobernabilidad y el gobierno de los jueces.
How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw Jr.
How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw Jr.
Michigan Law Review
Bismarck famously remarked: "Laws are like sausages. It's better not to see them being made." This witticism applies with peculiar force to constitutional law. Judges and commentators examine the sausage (the Supreme Court's doctrine), but ignore the messy details of its production. Maxwell Stearns has demonstrated, with brilliant originality, that the Court fashions constitutional law through process-based rules of decision such as outcome voting, stare decisis, and justiciability. Employing "social choice" economic theory, Professor Stearns argues that the Court, like all multimember decisionmaking bodies, strives to formulate rules that promote both rationality and fairness (p. 4). Viewed through the lens …
Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater
Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater
The Journal of Appellate Practice and Process
No abstract provided.
Justice White's Principled Passion For Consistency, J. Thomas Sullivan
Justice White's Principled Passion For Consistency, J. Thomas Sullivan
The Journal of Appellate Practice and Process
No abstract provided.
Judges As Altruistic Hierarchs, Lynn A. Stout
Judges As Altruistic Hierarchs, Lynn A. Stout
Cornell Law Faculty Publications
No abstract provided.
Judges As Altruistic Hierarchs, Lynn A. Stout
Judges As Altruistic Hierarchs, Lynn A. Stout
William & Mary Law Review
No abstract provided.
Brief Of Conference Of Chief Justices As Amicus Curiae Supporting Respondents, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Feb. 19, 2002), ., Roy A. Schotland
Brief Of Conference Of Chief Justices As Amicus Curiae Supporting Respondents, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Feb. 19, 2002), ., Roy A. Schotland
U.S. Supreme Court Briefs
No abstract provided.
Linguistics In Law, Alani Golanski
Linguistics In Law, Alani Golanski
Alani Golanski
The "new textualism" is amenable to the use of linguists in legal cases. New textualists seek to interpret statutes "objectively," according to the "plain meaning" of the statutory terms; these jurists and scholars see plain-meaning analysis as linguistics, and linguistics as science. Law and linguistics pursue different ends, however, and linguists construing statutes will miss legally decisive issues. Modern linguistics theory is an area of central concern to cognitive psychologists as well as philosophers of mind and language. While not hegemonic, Chomsky's psychological program influences modern linguistics, and the linguist's approach often leads in a different direction from that taken …