Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2003

Courts

Institution
Keyword
Publication
Publication Type
File Type

Articles 241 - 251 of 251

Full-Text Articles in Law

Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan Jan 2003

Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan

Faculty Scholarship

The phenomenal growth of drug courts and other forms of "problem-solving" courts has followed a pattern that is characteristic of many successful innovations: An individual or small group has or stumbles upon a new idea; the idea is put into practice and appears to work; a small number of other actors adopt the innovation and have similar experiences; if there is great demand for the innovation – for example, because it responds to a widely-perceived crisis or satisfies an institutional need and resolves tensions within organizations that adopt it – the innovation rapidly diffuses through the networks in which the …

Go to article

Mixed Up About Mixed Motive: What Will Trigger A "Mixed Motive" Analysis In Title Vii Cases? An Analysis Of Desert Palace, Inc. V. Costa, Barbara J. Fick Jan 2003

Mixed Up About Mixed Motive: What Will Trigger A "Mixed Motive" Analysis In Title Vii Cases? An Analysis Of Desert Palace, Inc. V. Costa, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Desert Palace, Inc. v. Costa, 539 U.S. 90, 2003. The author expected the Court to clarify and define the circumstances in which it is appropriate to use the "mixed-motive model" to prove a violation of Title VII under the disparate treatment theory.

Go to article

Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma Jan 2003

Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma

Faculty Scholarship

No abstract provided.

Go to article

The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca Jan 2003

The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca

Law Faculty Scholarly Articles

Operation of government in the absence of appropriations has become relatively common in the United States, particularly when projected expenses exceed projected revenue, making adoption of a budget a difficult task for the legislature. This Article focuses on the budget crisis in the Commonwealth of Kentucky from 2002 through 2003. In Part I, this Article recapitulates the history of the spending plan, including the action filed in Franklin Circuit Court to affirm its constitutionality. In Part II, this Article discusses certain theoretical, historical, and legal principles that inform analysis of the plan. In Part III, it considers certain deviations and …

Go to article

Judicial Independence In Family Courts, Barbara A. Babb, Judith D. Moran Jan 2003

Judicial Independence In Family Courts, Barbara A. Babb, Judith D. Moran

All Faculty Scholarship

No abstract provided.

Go to article

A Unified Family Court, Barbara A. Babb Jan 2003

A Unified Family Court, Barbara A. Babb

All Faculty Scholarship

No abstract provided.

Go to article

Augustus Van Wyck (1850-1922), Janet Butler Munch Jan 2003

Augustus Van Wyck (1850-1922), Janet Butler Munch

Publications and Research

Augustus Van Wyck (1850-1922) was a judge and NY gubernatorial candidate.

Go to article

The Boston Legal Aid Society, 1900-1925, Mark Spiegel Dec 2002

The Boston Legal Aid Society, 1900-1925, Mark Spiegel

Mark Spiegel

This article examines the history of the Boston Legal Aid Society from its founding in 1900 through 1925. In so doing I explore why was Boston Legal Aid started. Depending upon what sources you consult the Boston Legal Aid Society was either the third or fourth legal aid organization started in the United States. The first was New York in 1876 and the second was in Chicago, in the 1880's. My question is why Boston in 1900? What were the forces that led to the founding of this organization at that point in time? Was it part of the effort …

Go to article

Civil Procedure: Class Certification And The Predominance Requirement Under Oklahoma Section 2023(B)(3), Steven S. Gensler Dec 2002

Civil Procedure: Class Certification And The Predominance Requirement Under Oklahoma Section 2023(B)(3), Steven S. Gensler

Steven S. Gensler

No abstract provided.

Go to article

Diversity Class Actions, Common Relief, And The Rule Of Individual Valuation, Steven S. Gensler Dec 2002

Diversity Class Actions, Common Relief, And The Rule Of Individual Valuation, Steven S. Gensler

Steven S. Gensler

No abstract provided.

Go to article

State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan Dec 2002

State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan

Donald J. Kochan

In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …

Go to article

First Prev