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2008

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Articles 1 - 30 of 101

Full-Text Articles in Law

Prologue To District Of Columbia Democracy And The Third Branch Of Government, John W. Nields, Timothy J. May Dec 2008

Prologue To District Of Columbia Democracy And The Third Branch Of Government, John W. Nields, Timothy J. May

University of the District of Columbia Law Review

Why does the President of the United States appoint the judges of the District of Columbia's local court system? Why is the District of Columbia's local court system funded and overseen by the United States Congress? Why does the United States Attorney for the District of Columbia and not the Attorney General for the District of Columbia function as a local prosecutor, prosecuting most D.C. Code crimes in the District of Columbia's courts? The four essays which follow this introduction explore the rich history behind these unusual structural features of the District of Columbia government; they present the arguments for …


A Thirty-Year Retrospective. Comments Of The Honorable Gregory E. Mize (Ret.), Gregory E. Mize Dec 2008

A Thirty-Year Retrospective. Comments Of The Honorable Gregory E. Mize (Ret.), Gregory E. Mize

University of the District of Columbia Law Review

No abstract provided.


Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller Dec 2008

Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller

University of the District of Columbia Law Review

Since 1970, the District of Columbia court system has been comprised of the District of Columbia Court of Appeals and the Superior Court of the District of Columbia.' From the time of the establishment of the District, judges of its courts have been appointed by the President of the United States, acting on the advice of the Attorney General. When the general issue of District home rule came before Congress in the 1960s, one of the subjects considered was the judicial appointment process. In 1970, the District of Columbia Court Reform and Criminal Procedure Act 2 continued the Presidential appointment …


Organization, Budgeting, And Funding Of The District Of Columbia's Local Courts, Peter R. Kolker Dec 2008

Organization, Budgeting, And Funding Of The District Of Columbia's Local Courts, Peter R. Kolker

University of the District of Columbia Law Review

The mechanism for funding the District of Columbia's local court system reflects the unique and complex character of the District. The means and method of budgeting for and funding this vital function has evolved over the years, reflecting the maturation of the District from its pre-Home Rule days to the present. This evolution is a reflection of the District's growing pains and financial crises, as well as the unusual symbiosis and tension between the District and the federal government. The budget system is also the product of the limitations imposed on the District's restricted taxing authority, which results in a …


Should The District Of Columbia Have Responsibility For The Prosecution Of Criminal Offenses Arising Under The District Of Columbia Code?, John Payton Dec 2008

Should The District Of Columbia Have Responsibility For The Prosecution Of Criminal Offenses Arising Under The District Of Columbia Code?, John Payton

University of the District of Columbia Law Review

No abstract provided.


The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum Dec 2008

The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum

University of the District of Columbia Law Review

No abstract provided.


Comments On Who Appoints D.C. Judges, Daniel A. Rezneck Dec 2008

Comments On Who Appoints D.C. Judges, Daniel A. Rezneck

University of the District of Columbia Law Review

No abstract provided.


Keynote Address Of Congresswoman Eleanor Holmes Norton, Eleanor Holmes Norton Dec 2008

Keynote Address Of Congresswoman Eleanor Holmes Norton, Eleanor Holmes Norton

University of the District of Columbia Law Review

No abstract provided.


The District Of Columbia's Judicial Selection Process: The Good, The Bad, And The Ugly, Patricia M. Worthy Dec 2008

The District Of Columbia's Judicial Selection Process: The Good, The Bad, And The Ugly, Patricia M. Worthy

University of the District of Columbia Law Review

No abstract provided.


Where Equity Meets Expertise: Re-Thinking Appellate Review In Complex Litigation, Michael J. Hays Dec 2008

Where Equity Meets Expertise: Re-Thinking Appellate Review In Complex Litigation, Michael J. Hays

University of Michigan Journal of Law Reform

The field of complex litigation continues to grow as both an academic study and a popular phenomenon. One cannot escape news accounts of major class action litigation, and lawyers continue to find new ways to push the outer bounds of civil litigation practices to accommodate large-scale disputes involving multiple claims or parties. Many question whether traditional procedures can or should apply to these cases. Drawing on this well-recognized procedural tension, this Article explores the relationship between trial and appellate courts in complex litigation and argues for a revised standard of appellate review for trial court decisions affecting the party structure …


The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii Nov 2008

The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii

University of Richmond Law Review

No abstract provided.


Marshall V. Northern Virginia Transportation Authority: The Supreme Court Of Virginia Rules That Taxes Can Be Imposed By Elected Bodies Only, Patrick M. Mcsweeney, Wesley G. Russell Jr. Nov 2008

Marshall V. Northern Virginia Transportation Authority: The Supreme Court Of Virginia Rules That Taxes Can Be Imposed By Elected Bodies Only, Patrick M. Mcsweeney, Wesley G. Russell Jr.

University of Richmond Law Review

No abstract provided.


Issue 1: Table Of Contents Nov 2008

Issue 1: Table Of Contents

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Nov 2008

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz Nov 2008

Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz

Michigan Law Review

This Article examines whether U.S. district court judges improve their skills at patent claim construction with experience, including the experience of having their own cases reviewed by the Court of Appeals for the Federal Circuit. In theory, higher courts teach doctrine to lower courts via judicial decisions, and lower courts learn from these decisions. This Article tests the teaching-and-learning premise on the issue of claim construction in the realities of patent litigation. While others have shown that the Federal Circuit reverses a large percentage of lower court claim constructions, no one has analyzed whether judges with more claim construction appeal …


Solidifying Judicial Discretion Through Statutory Interpretation: The Implications Of United States V. Nelson On Criminal Sentencing, Tashama Williams Oct 2008

Solidifying Judicial Discretion Through Statutory Interpretation: The Implications Of United States V. Nelson On Criminal Sentencing, Tashama Williams

North Carolina Central Law Review

No abstract provided.


Limiting The Federal Pardon Power, Kristen H. Fowler Oct 2008

Limiting The Federal Pardon Power, Kristen H. Fowler

Indiana Law Journal

No abstract provided.


Only Skin Deep?: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench, Sylvia R. Lazos Vargas Oct 2008

Only Skin Deep?: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench, Sylvia R. Lazos Vargas

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Election Day Challenges To Polling Hours And The Judiciary's Cautious Response, Robert C. O'Brien, Amy Borlund, John Kay Sep 2008

Election Day Challenges To Polling Hours And The Judiciary's Cautious Response, Robert C. O'Brien, Amy Borlund, John Kay

Buffalo Public Interest Law Journal

No abstract provided.


Locating The Mislaid Gate: Revitalizing Tinker By Repairing Judicial Overgeneralizations Of Technologically Enabled Student Speech, Kenneth R. Pike Sep 2008

Locating The Mislaid Gate: Revitalizing Tinker By Repairing Judicial Overgeneralizations Of Technologically Enabled Student Speech, Kenneth R. Pike

BYU Law Review

No abstract provided.


[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox Jul 2008

[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox

University of Arkansas at Little Rock Law Review

No abstract provided.


Family Law & Civil Procedure - Daddy Dilemma: Should The Truth Matter? Martin V. Pierce, No. 06-950, 2007 Wl 1447911 (Ark. May 17, 2007), Katie S. Allen Jul 2008

Family Law & Civil Procedure - Daddy Dilemma: Should The Truth Matter? Martin V. Pierce, No. 06-950, 2007 Wl 1447911 (Ark. May 17, 2007), Katie S. Allen

University of Arkansas at Little Rock Law Review

No abstract provided.


Crime, Legitimacy, And Testilying, I. Bennett Capers Jul 2008

Crime, Legitimacy, And Testilying, I. Bennett Capers

Indiana Law Journal

No abstract provided.


The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray Jul 2008

The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray

Indiana Law Journal

No abstract provided.


Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson Jul 2008

Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson

University of Arkansas at Little Rock Law Review

No abstract provided.


Post-Amendment 80 Judicial Politics In Arkansas: Have The Changes Undermined The Argument For Selection By Appointment?, Jay Barth Jul 2008

Post-Amendment 80 Judicial Politics In Arkansas: Have The Changes Undermined The Argument For Selection By Appointment?, Jay Barth

University of Arkansas at Little Rock Law Review

No abstract provided.


Re-Evaluating Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Lorelei Ritchie De Larena Jul 2008

Re-Evaluating Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Lorelei Ritchie De Larena

Indiana Law Journal

The Declaratory Judgment Act of 1934 was quickly tagged by the US. Supreme Court as a simple procedural measure. That said, the addition of the declaratory judgment option has dramatically increased the rights of would-be defendants. This is of special interest in patent law, where without the ability to initiate legal action, an alleged infringer would typically have no recourse but to either drop a lucrative business and lose a massive investment, or to languish in legal limbo while potentially accruing liability for treble damages. The option of a mirror-image lawsuit removes the patentee's ability to decide unilaterally when, where-and, …


Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith Jul 2008

Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith

University of Arkansas at Little Rock Law Review

No abstract provided.


Access To Justice For The Poor: The Singapore Judiciary At Work, Gary Chan Kok Yew Jun 2008

Access To Justice For The Poor: The Singapore Judiciary At Work, Gary Chan Kok Yew

Washington International Law Journal

This Article examines the concrete efforts and programs of the Singapore judiciary to maintain and enhance access to justice for the poor. This examination is undertaken via overlapping economic, procedural, and institutional approaches. The Article will examine three main contentions. First, that the Singapore judiciary’s concrete efforts in maintaining and promoting access to justice for the poor have been fairly comprehensive and pro-active. Second, that abstract constitutional discourse on the right of access to justice and the associated rights of legal representation and legal aid are virtually absent in Singapore. Thus, the judicial practice for enhancing access to justice for …


Issue 5: Table Of Contents May 2008

Issue 5: Table Of Contents

University of Richmond Law Review

No abstract provided.