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Articles 31 - 60 of 101
Full-Text Articles in Law
The Parcel As A Whole: A Presumptive Structural Approach For Determining When The Government Has Gone Too Far, Keith Woffinden
The Parcel As A Whole: A Presumptive Structural Approach For Determining When The Government Has Gone Too Far, Keith Woffinden
BYU Law Review
No abstract provided.
Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler
Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler
Brigham Young University Journal of Public Law
No abstract provided.
A Personal Jurisdiction Dilemma: Collateral Attacks On Foreign Judgments In U.S. Recognition Proceedings, J. Chad Mitchell
A Personal Jurisdiction Dilemma: Collateral Attacks On Foreign Judgments In U.S. Recognition Proceedings, J. Chad Mitchell
Brigham Young University International Law & Management Review
No abstract provided.
The Fundamental And Natural Law 'Repugnant Review' Origins Of Judicial Review: A Synergy Of Early English Corporate Law With Notions Of Fundamental And Natural Law, Lawrence Joseph Perrone
The Fundamental And Natural Law 'Repugnant Review' Origins Of Judicial Review: A Synergy Of Early English Corporate Law With Notions Of Fundamental And Natural Law, Lawrence Joseph Perrone
Brigham Young University Journal of Public Law
No abstract provided.
The Court, The Constitution, And The History Of Ideas, Scott D. Gerber
The Court, The Constitution, And The History Of Ideas, Scott D. Gerber
Vanderbilt Law Review
Several of the nation's most influential constitutional law scholars have been arguing for the better part of a decade that judicial review should be sharply limited, or eliminated altogether. The list includes such prominent thinkers as Professor Mark V. Tushnet of Harvard Law School, Professor Cass R. Sunstein of the University of Chicago Law School, and Dean Larry D. Kramer of Stanford Law School. In place of the doctrine made famous by Chief Justice John Marshall in Marbury v. Madison, these leading voices of the legal academy call for "popular constitutionalism": a constitutional law that is defined outside of the …
Categorizing Categories: Property Of The Estate And Fraudulent Transfers In Bankruptcy, Michael R. Cedillos
Categorizing Categories: Property Of The Estate And Fraudulent Transfers In Bankruptcy, Michael R. Cedillos
Michigan Law Review
11 U.S.C. § 541 defines "property of the estate" in bankruptcy, but courts have not interpreted that section uniformly. The Fifth Circuit has read the term broadly to include both interests in property that the trustee recovers under § 541(a)(3) and legal or equitable interests under § 541(a)(1) that have purportedly been fraudulently transferred but which the trustee has not yet recovered. The Second Circuit, however, has taken a more restrained approach, holding that fraudulently transferred property that the trustee has not yet recovered does not constitute property of the estate. This Note argues that courts should adopt the Second …
What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James
What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James
West Virginia Law Review
No abstract provided.
Ring V. Arizona And Capital Proceedings: Brave New World Or A Reversion To The Old World, Bruce T. Cunningham, Heather Rattelade, Amanda Zimmer
Ring V. Arizona And Capital Proceedings: Brave New World Or A Reversion To The Old World, Bruce T. Cunningham, Heather Rattelade, Amanda Zimmer
North Carolina Central Law Review
No abstract provided.
Brennan V. Scalia, Justice Or Jurisprudence? A Moderate Proposal, Travis A. Knobbe
Brennan V. Scalia, Justice Or Jurisprudence? A Moderate Proposal, Travis A. Knobbe
West Virginia Law Review
No abstract provided.
Deconstructing International Criminal Law, Kevin Jon Heller
Deconstructing International Criminal Law, Kevin Jon Heller
Michigan Law Review
After nearly fifty years of post-Nuremberg hibernation, international criminal tribunals have returned to the world stage with a vengeance. The Security Council created the International Criminal Tribunal for the former Yugoslavia ("ICTY") in 1993 and the International Criminal Tribunal for Rwanda ("ICTR") in 1994. Hybrid domestic-international tribunals have been established in Sierra Leone (2000), East Timor (2000), Kosovo (2000), Cambodia (2003), Bosnia (2005), and Lebanon (2007). And, of course, the international community's dream of a permanent tribunal was finally realized in 2002, when the Rome Statute of the International Criminal Court ("ICC") entered into force. This unprecedented proliferation of international …
War Tales And War Trials, Patricia M. Wald
War Tales And War Trials, Patricia M. Wald
Michigan Law Review
In this foreword, I will compare my experiences as a judge on the International Criminal Tribunal for the former Yugoslavia, and the work of war crimes tribunals generally, with a few of the recurrent themes in epic tales of war. Books and trials strive to educate and to persuade their audiences of the barbarity of war and its antipathy to the most fundamental norms of a humane society.3 War crimes tribunals began with Nuremberg and have proliferated in the past fifteen years. These tribunals were established to try and to punish individuals for violations of international humanitarian law ("IHL")-the so-called …
The Court's Missed Opportunity In Harper V. Poway, Andrew Canter, Gabriel Pardo
The Court's Missed Opportunity In Harper V. Poway, Andrew Canter, Gabriel Pardo
Brigham Young University Education and Law Journal
No abstract provided.
"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require A Greater Showing Of Congressional Intent For Jurisdictional Exhaustion Than They Require For Preemption, Colin Miller
BYU Law Review
No abstract provided.
Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain
Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain
Brigham Young University Journal of Public Law
No abstract provided.
The Justiciability Of Eligibility: May Courts Decide Who Can Be President?, Daniel P. Tokaji
The Justiciability Of Eligibility: May Courts Decide Who Can Be President?, Daniel P. Tokaji
Michigan Law Review First Impressions
The 2008 election cycle has been a busy one for legal disputes over the qualifications of presidential candidates, with federal cases having been filed to challenge both major candidates’ eligibility under the “natural born Citizen” clause. These cases unquestionably present vital questions of constitutional law, touching on matters of self-evident national importance. It is doubtful, however, that they are justiciable in lower federal courts. Standing requirements and the political question doctrine make it unlikely that a federal court will reach the merits in cases of the type filed to date.
Mccain’S Citizenship And Constitutional Method, Peter J. Spiro
Mccain’S Citizenship And Constitutional Method, Peter J. Spiro
Michigan Law Review First Impressions
Many things may obstruct John McCain’s path to the White House, but his citizenship status is not among them. The question of his eligibility, given the circumstances of his birth, has already been resolved. That outcome has been produced by actors outside the courts. . . . If non-judicial actors—including Congress, editorialists, leading members of the bar, and the People themselves—manage to generate a constitutional consensus, there isn’t much that the courts can do about it. In cases such as this one, at least, that seems to be an acceptable method of constitutional determination.
Originalism And The Natural Born Citizen Clause, Lawrence B. Solum
Originalism And The Natural Born Citizen Clause, Lawrence B. Solum
Michigan Law Review First Impressions
The enigmatic phrase “natural born citizen” poses a series of problems for contemporary originalism. New Originalists, like Justice Scalia, focus on the original public meaning of the constitutional text. The notion of a “natural born citizen” was likely a term of art derived from the idea of a “natural born subject” in English law—a category that most likely did not extend to persons, like Senator McCain, who were born outside sovereign territory. But the Constitution speaks of “citizens” and not “subjects,” introducing uncertainties and ambiguities that might (or might not) make McCain eligible for the presidency.
The Claim Construction Effect, Lee Petherbridge
The Claim Construction Effect, Lee Petherbridge
Michigan Telecommunications & Technology Law Review
Claim construction refers to the task of construing, or interpreting, the words of patents' claims to establish the metes and bounds of a patent. Theoretically, the task of claim construction serves to operationalize the concept of "invention," which lies at the heart of the U.S. patent system.[...] Rather than focusing on the set of cases in which the Federal Circuit addresses claim construction, this study focuses on a set of cases defined by a different patent doctrine. The basic idea is to explore the impact of claim construction on other areas of patent law.[...] The hypothesis of the claim construction …
Research Tool Patents After Integra V. Merck - Have They Reached A Safe Harbor, Wolrad Prinz
Research Tool Patents After Integra V. Merck - Have They Reached A Safe Harbor, Wolrad Prinz
Michigan Telecommunications & Technology Law Review
The saga surrounding the Integra v. Merck cases has rekindled a heated debate about the proper scope of both common law exemption and the safe harbor provision, causing significant concern for owners of research tool patents. This Article will argue that the next judicial decision addressing the question of research tool patents should clarify that they are in a safe harbor because none of the two exemptions from infringement referenced above extends to the use of research tools in experiments in order to preserve the necessary incentives for their creation in the first place. Allowing access to research tools under …
Is A Burrito A Sandwich? Exploring Race, Class, And Culture In Contracts, Marjorie Florestal
Is A Burrito A Sandwich? Exploring Race, Class, And Culture In Contracts, Marjorie Florestal
Michigan Journal of Race and Law
A superior court in Worcester, Massachusetts, recently determined that a burrito is not a sandwich. Surprisingly, the decision sparked a firestorm of media attention. Worcester, Massachusetts, is hardly the pinnacle of the culinary arts-so why all the interest in the musings of one lone judge on the nature of burritos and sandwiches? Closer inspection revealed the allure of this otherwise peculiar case: Potentially thousands of dollars turned on the interpretation of a single word in a single clause of a commercial contract. Judge Locke based his decision on "common sense" and a single definition of sandwich-"two thin pieces of bread, …
From Pedagogical Sociology To Constitutional Adjudication: The Meaning Of Desegregation In Social Science Research And Law, Anne Richardson Oakes
From Pedagogical Sociology To Constitutional Adjudication: The Meaning Of Desegregation In Social Science Research And Law, Anne Richardson Oakes
Michigan Journal of Race and Law
In the United States following the case of Brown v. Board of Education (1954) federal judges with responsibility for public school desegregation but no expertise in education or schools management appointed experts from the social sciences to act as court advisors. In Boston, MA, educational sociologists helped Judge W. Arthur Garrity design a plan with educational enhancement at its heart, but the educational outcomes were marginalized by a desegregation jurisprudence conceptualized in terms of race rather than education. This Article explores the frustration of outcomes in Boston by reference to the differing conceptualizations of desegregation in law and social science. …
The Quest For Creative Jurisdiction: The Evolution Of Personal Jurisdiction Doctrine Of Israeli Courts Toward The Palestinian Territories, Michael M. Karayanni
The Quest For Creative Jurisdiction: The Evolution Of Personal Jurisdiction Doctrine Of Israeli Courts Toward The Palestinian Territories, Michael M. Karayanni
Michigan Journal of International Law
The thesis offered in this Article, marking three different stages in the development of the personal jurisdiction doctrine of Israeli courts toward the PT of the West Bank and the Gaza Strip, has two additional attributes. One concerns the doctrinal innovation in the general personal jurisdiction doctrine of Israeli courts that also took place as these different stages unfolded. The evolving status of the West Bank and the Gaza Strip over the years, together with the need of courts to reach conclusive results in the cases brought before them, made it necessary for courts to be creative in adjusting the …
Justice Ginsburg's Struggle To Preserve Her Legacy, Kiran Mehta
Justice Ginsburg's Struggle To Preserve Her Legacy, Kiran Mehta
Public Interest Law Reporter
No abstract provided.
Supreme Court Strikes Down D.C. Handgun Ordinance: Will Chicago Follow Suit?, Danielle Luisi
Supreme Court Strikes Down D.C. Handgun Ordinance: Will Chicago Follow Suit?, Danielle Luisi
Public Interest Law Reporter
No abstract provided.
Must The Jury Reach A Verdict? The Constitutionality Of Eliminating Juries In Patent Trials By Creating An Article I Tribunal, 7 J. Marshall Rev. Intell. Prop. L. 754 (2008), Daniel P. Sullivan
Must The Jury Reach A Verdict? The Constitutionality Of Eliminating Juries In Patent Trials By Creating An Article I Tribunal, 7 J. Marshall Rev. Intell. Prop. L. 754 (2008), Daniel P. Sullivan
UIC Review of Intellectual Property Law
The February 2007 jury verdict against Microsoft totaling $1.52 billion marked the largest in a patent case ever, following the prevailing trend of juries awarding extraordinarily high damages. Because patent law deals with complex technology and complicated issues of fact and law, and because empirical evidence concludes that juries have significant biases in favor of patentees and against alleged infringers, this comment calls into question whether or not twelve lay persons are sufficiently equipped to handle patent trials. In lieu of juries rendering verdicts in patent trials – and even in lieu of U.S. District Court judges adjudicating patent trials …
Chief Judge Paul R. Michel's Address To The Federal Circuit Judicial Conference On The State Of The Court, 7 J. Marshall Rev. Intell. Prop. L. 647 (2008), Paul R. Michel
UIC Review of Intellectual Property Law
On May 15, 2008, Chief Judge of the United States Court of Appeals for the Federal Circuit Paul R. Michel delivered the annual State of the Court speech. Chief Judge Michel delivered this speech during the Federal Circuit Judicial Conference, held at the Grand Hyatt hotel in Washington. The text of that speech and the corresponding graphics appear here.