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2003

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Articles 1 - 30 of 109

Full-Text Articles in Law

Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman Dec 2003

Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman

Rutgers Law School (Newark) Faculty Papers

In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the ...


Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner Dec 2003

Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner

All Faculty Scholarship

Talk of law reform is in the air throughout East Asia. Whether in Beijing or Tokyo or here, law reform is spoken of in terms of strengthening the Rule of Law. But what is the Rule of Law? Different legal systems have different roads to reach the Rule of Law. These different roads are noticeable mainly in the different emphases different systems place on two critical elements in the realization of the Rule of Law State, namely rules and the machinery for implementing the rules, i.e., courts and administrative agencies. The Rule of Law makes demands on both the ...


Benin’S Constitutional Court: An Institutional Model For Enforcing Human Rights, Anna Rotman Nov 2003

Benin’S Constitutional Court: An Institutional Model For Enforcing Human Rights, Anna Rotman

ExpressO

This piece is based on field research the author conducted in Benin, West Africa during January 2003. The paper explores how the Court operates as a hybrid institution, by combining the competences traditionally associated with a constitutional court with the mandate of a national human rights commission. The paper argues that the Beninese Constitutional Court could provide an institutional model for guaranteeing human rights through a state-sponsored institution.


Political And Legal Governance Under The Judicial Reform: A Case Study On Basic-Level Political And Legal Committee(司法改革背景下的政法治理方式——基层政法委员会制度个案研究), Meng Hou Oct 2003

Political And Legal Governance Under The Judicial Reform: A Case Study On Basic-Level Political And Legal Committee(司法改革背景下的政法治理方式——基层政法委员会制度个案研究), Meng Hou

Hou Meng

No abstract provided.


Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard Oct 2003

Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard

University of Arkansas at Little Rock Law Review

No abstract provided.


Assessing Judgeship Needs In The Federal Courts Of Appeals: Policy Choices And Process Concerns, Arthur D. Hellman Oct 2003

Assessing Judgeship Needs In The Federal Courts Of Appeals: Policy Choices And Process Concerns, Arthur D. Hellman

The Journal of Appellate Practice and Process

No abstract provided.


Section 2: Judicial Confirmation Process, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2003

Section 2: Judicial Confirmation Process, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Reingeniería De La Corte Suprema De La Nación - Una Guía De Trabajo Y Propuestas Para Mejorar Los Aspectos Organizativos, Funcionales Y De Gobierno Del Alto Tribunal, Horacio M. Lynch, Luciano Hurtado, María Clara Pujol, Et Al Sep 2003

Reingeniería De La Corte Suprema De La Nación - Una Guía De Trabajo Y Propuestas Para Mejorar Los Aspectos Organizativos, Funcionales Y De Gobierno Del Alto Tribunal, Horacio M. Lynch, Luciano Hurtado, María Clara Pujol, Et Al

Horacio M. LYNCH

Esta investigación continúa y actualiza las propuestas e investigaciones de FORES sobre la Corte Suprema, originadas en el diagnóstico elaborado en las Conferencias sobre la Reforma Judicial de 1977 y 1978, y en los posteriores estudios “REFORMAS EN LA CORTE SUPREMA”, 1987 y “DIAGNÓSTICO DE LA JUSTICIA ARGENTINA”, 1988, dirigidas por el Dr. Horacio M. Lynch. Complementa el reciente trabajo de éste “CAMBIOS EN LA CORTE SUPREMA - ENFOQUES DEL SIGLO XXI”, (LL 30Jul03 / V. ANEXO), y con otro anterior “EL RECURSO EXTRAORDINARIO POR ARBITRARIEDAD - UN DILEMA PARA LA NUEVA CORTE SUPREMA”, de 1990 (LL 1990-D- 719). Está concentrado en los ...


Stop Me Before I Vote For This Judge Again: Judicial Conduct Organizations, Judicial Accountability, And The Disciplining Of Elected Judges, Alex B. Long Sep 2003

Stop Me Before I Vote For This Judge Again: Judicial Conduct Organizations, Judicial Accountability, And The Disciplining Of Elected Judges, Alex B. Long

West Virginia Law Review

No abstract provided.


Public Financing Of Judicial Campaigns: Practices And Prospects , Michael W. Bowers Sep 2003

Public Financing Of Judicial Campaigns: Practices And Prospects , Michael W. Bowers

Nevada Law Journal

No abstract provided.


Judicial Selection And Evaluation, Center For Democratic Culture At Unlv Sep 2003

Judicial Selection And Evaluation, Center For Democratic Culture At Unlv

Nevada Law Journal

No abstract provided.


Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel Sep 2003

Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


No Free Lunch: How Settlement Can Reduce The Legal System's Ability To Induce Efficient Behavior, Abraham Lee Wickelgren Aug 2003

No Free Lunch: How Settlement Can Reduce The Legal System's Ability To Induce Efficient Behavior, Abraham Lee Wickelgren

ExpressO

While there is widespread agreement that it is better for cases to settle than go to trial, the arguments in favor of settlement have typically overlooked how settlement affects one of the most important functions of the legal system: influencing the behavior that gives rise to lawsuits. This essay argues that, in some cases, settlement can impair the ability of the legal system to deter harmful behavior without chilling desirable behavior. Where it exists, this effect is a fundamental property of settlement in that there is no way to change other legal rules to eliminate it. Because settlements also have ...


Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet Aug 2003

Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet

Michigan Law Review

In this Article, I explore the question of why constitutional review, but not American judicial review, spread across Europe. I will also argue that, despite obvious organic differences between the American and European systems of review, there is an increasing convergence in how review actually operates. I proceed as follows. In Part I, I examine the debate on establishing judicial review in Europe, focusing on the French. In Parts II and III, I contrast the European and the American models of review, and briefly discuss why the Kelsenian constitutional court diffused across Europe. In Part IV, I argue that despite ...


Mediated Popular Constitutionalism, Barry Friedman Aug 2003

Mediated Popular Constitutionalism, Barry Friedman

Michigan Law Review

There are divergent views in the legal academy concerning judicial review, but at their core these views share a common (and possibly flawed) premise. The premise is that the exercise of judicial review is countermajoritarian in nature. There is a regrettable lack of clarity in the relevant scholarship about what "countermajoritarian" actually means. At bottom it often seems to be a claim, and perhaps must be a claim, that when judges invalidate governmental decisions based upon constitutional requirements, they act contrary to the preferences of the citizenry. Some variation on this premise seems to drive most normative scholarship regarding judicial ...


Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles H. Baron Jul 2003

Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles H. Baron

Boston College Law School Faculty Papers

In some situations, courts may be better sources of new law than legislatures. Some support for this proposition is provided by the performance of American courts in the development of law regarding the “right to die.” When confronted with the problems presented by mid-Twentieth Century technological advances in prolonging human life, American legislators were slow to act. It was the state common law courts, beginning with Quinlan in 1976, that took primary responsibility for gradually crafting new legal principles that excepted withdrawal of life-prolonging treatment from the application of general laws dealing with homicide and suicide. These courts, like the ...


Benched: Ggu Alumni Offer Sound Judgment, Melissa Stein Jul 2003

Benched: Ggu Alumni Offer Sound Judgment, Melissa Stein

Articles About GGU Law

No abstract provided.


Judicial Ethics In Utah, Steve Averett Jul 2003

Judicial Ethics In Utah, Steve Averett

Brigham Young University Journal of Public Law

No abstract provided.


Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain Jul 2003

Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.


Moral Rights, Judicial Review, And Democracy: A Response To Horacio Spector, Laura S. Underkuffler Jul 2003

Moral Rights, Judicial Review, And Democracy: A Response To Horacio Spector, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.


Embarrassing Justice, Donald E. Wilkes Jr. May 2003

Embarrassing Justice, Donald E. Wilkes Jr.

Popular Media

The text of the speech given by UGA Professor of Law Donald E. Wilkes, in the Tate Student Center Plaza at the University of Georgia, May 17, 2003 to protest U.S. Supreme Court Justice Clarence Thomas's speech at the law school graduation.


Patriotism: Do We Know It When We See It?, A. Wallace Tashima May 2003

Patriotism: Do We Know It When We See It?, A. Wallace Tashima

Michigan Law Review

In a small, triangular plot, a short distance north of the Capitol in Washington, D.C., is the recently dedicated "National Japanese American Memorial to Patriotism." One of the primary purposes of the memorial is to recall publicly the forced removal of Japanese Americans from the Pacific coast at the beginning of World War II and their imprisonment in government internment camps for the duration of the war. The incident is worth recalling, of course, if for no other reason than as a constant reminder that we must not let a similar tragedy befall any other group of Americans. But ...


Duty Of Care To The Intoxicated: The Irish Approach, Mary Drennan May 2003

Duty Of Care To The Intoxicated: The Irish Approach, Mary Drennan

San Diego International Law Journal

This Article examines whether the relationship between publican and patron should or should not produce such an obligation. It also addresses the possible defenses to such a claim in the tort of negligence. Finally, as the matter is not a settled point of Irish law, this Article also attempts to assess the potential approach of its courts, in view of the approach taken by the English courts to the issue and the flurry of academic comment in the wake of a recent Irish settlement. These issues are certain to surface in litigation again. Regardless of the approach taken by the ...


The Arrival Of Judicial Review In Germany Under The Weimar Constitution Of 1919, Bernd J. Hartmann May 2003

The Arrival Of Judicial Review In Germany Under The Weimar Constitution Of 1919, Bernd J. Hartmann

Brigham Young University Journal of Public Law

No abstract provided.


Appellate Courts Inside And Out, Maxwell L. Stearns May 2003

Appellate Courts Inside And Out, Maxwell L. Stearns

Michigan Law Review

While the United States Supreme Court has been the object of seemingly endless scholarly commentary, the United States Courts of Appeals are just now coming into their own as a subject of independent academic inquiry. This is an important development when one considers that the vast bulk of relevant precedents governing most federal court litigation comes not from the Supreme Court, but rather from the United States Courts of Appeals. Because relatively few courts of appeals decisions are reviewed in the Supreme Court, with rare exception, the federal circuit courts provide the functional equivalent of that Court's proverbial "last ...


Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak May 2003

Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak

Michigan Law Review

While American scholars and judges generally assume that it is beneficial to insulate courts from politics, Jennifer Widner offers a contrasting perspective from another region of the world. In Building the Rule of Law: Francis Nyalali and the Road to Judicial Independence in Africa, Widner examines the role of courts and judicial review in democratization in Africa. She focuses on the role of one judge, a man who would see himself as embodying a role in Tanzania similar to that of Chief Justice John Marshall in the United States. Francis Nyalali, Chief Justice of the High Court of Tanzania, worked ...


Objective Decision Making In Lonergan And Dworkin, Robert Hanson May 2003

Objective Decision Making In Lonergan And Dworkin, Robert Hanson

Boston College Law Review

Critical Legal Scholars argue that judges are unable to make truly objective decisions. This view gained strength in 2000 in Bush v. Gore, when the U.S. Supreme Court decided the presidential election largely along partisan lines. This Note, however, argues that Critical Legal Scholars fail to provide positive, constructive answers to the problems of objective decision making. Alternatively, the Note examines these problems through the philosophies of Bernard Lonergan and Ronald Dworkin. The Note explains both philosophers' approaches to objective decision making, then examines those approaches in the context of Bush v. Gore. The Note concludes that Lonergan's ...


Open Letter Concerning The Invitation To Justice Clarence Thomas To Speak At The Uga School Of Law Graduation Ceremony, Donald E. Wilkes Jr. Apr 2003

Open Letter Concerning The Invitation To Justice Clarence Thomas To Speak At The Uga School Of Law Graduation Ceremony, Donald E. Wilkes Jr.

Popular Media

Dear Colleagues, Law Students, and Other Members of the Law School Community:

On Monday, November 25, 2002, the law faculty of the University of Georgia School of Law received a memorandum from Dean David Shipley which begins as follows: "I am pleased to announce that Justice Clarence Thomas has accepted the invitation extended by me, Class of 2003 President Josh Belinfante, Class of 2003 Vice President Megan Jones, and Class of 2004 Vice President Rebecca Franklin to be our graduation speaker on May 17, 2003."

The decision to invite Justice Thomas is appalling, unwise and perverse -- the embodiment of bad ...


Advice From Justice Jackson, D. P. Marshall Jr. Apr 2003

Advice From Justice Jackson, D. P. Marshall Jr.

The Journal of Appellate Practice and Process

No abstract provided.


Corte Suprema: Tiempo De Cambios, Horacio M. Lynch Apr 2003

Corte Suprema: Tiempo De Cambios, Horacio M. Lynch

Horacio M. LYNCH

Esta presentación resume el trabajo “CAMBIOS EN LA CORTE SUPREMA - NUEVO ENFOQUES DEL SIGLO XXI”, 2003, que a su vez actualiza las propuestas e investigaciones de FORES de “REFORMAS EN LA CORTE SUPREMA”, 1987 y “DIAGNÓSTICO DE LA JUSTICIA ARGENTINA”, 1988, dirigidas por Horacio M. Lynch, y su trabajo “EL RECURSO EXTRAORDINARIO POR ARBITRARIEDAD - UN DILEMA PARA LA NUEVA CORTE SUPREMA”, de 1990 (LL 1990-D-719).