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2016

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Articles 13111 - 13140 of 15253

Full-Text Articles in Law

Face-To-Face With Facial Recognition Evidence: Admissibility Under The Post-Crawford Confrontation Clause, Joseph Clarke Celentino Jan 2016

Face-To-Face With Facial Recognition Evidence: Admissibility Under The Post-Crawford Confrontation Clause, Joseph Clarke Celentino

Michigan Law Review

In Crawford v. Washington, the Supreme Court announced a major change in Confrontation Clause doctrine, abandoning a decades-old framework that focused on the common law principles of hearsay analysis: necessity and reliability. The new doctrine, grounded in an originalist interpretation of the Sixth Amendment, requires courts to determine whether a particular statement is testimonial. But the Court has struggled to present a coherent definition of the term testimonial. In its subsequent decisions, the Court illustrated that its new Confrontation Clause doctrine could be used to bar forensic evidence, including laboratory test results, if the government failed to produce the …


Front Matter Jan 2016

Front Matter

Michigan Law Review

No abstract provided.


The Supreme Assimilation Of Patent Law, Peter Lee Jan 2016

The Supreme Assimilation Of Patent Law, Peter Lee

Michigan Law Review

Although tensions between universality and exceptionalism apply throughout law, they are particularly pronounced in patent law, a field that deals with highly technical subject matter. This Article explores these tensions by investigating an underappreciated descriptive theory of Supreme Court patent jurisprudence. Significantly extending previous scholarship, it argues that the Court’s recent decisions reflect a project of eliminating “patent exceptionalism” and assimilating patent doctrine to general legal principles (or, more precisely, to what the Court frames as general legal principles). Among other motivations, this trend responds to rather exceptional patent doctrine emanating from the Federal Circuit in areas as varied as …


Front Matter Jan 2016

Front Matter

Michigan Law Review

No abstract provided.


An Opt-In Option For Class Actions, Scott Dodson Jan 2016

An Opt-In Option For Class Actions, Scott Dodson

Michigan Law Review

Federal class actions today follow an opt-out model: absent an affirmative request to opt out, a class member is in the class. Supporters defend the opt-out model as necessary to ensure the viability of class actions and the efficacy of substantive law. Critics argue the opt-out model is a poor proxy for class-member consent and promotes overbroad and ill-defined classes; these critics favor an opt-in model. This bimodal debate—opt out vs. opt in—has obscured an overlooked middle ground that relies on litigant choice: Why not give the class the option to pursue certification on either an opt-out or an opt-in …


Confessions In An International Age: Re-Examining Admissibility Through The Lens Of Foreign Interrogations, Julie Tanaka Siegel Jan 2016

Confessions In An International Age: Re-Examining Admissibility Through The Lens Of Foreign Interrogations, Julie Tanaka Siegel

Michigan Law Review

In Colorado v. Connelly the Supreme Court held that police misconduct is necessary for an inadmissible confession. Since the Connelly decision, courts and scholars have framed the admissibility of a confession in terms of whether it successfully deters future police misconduct. As a result, the admissibility of a confession turns largely on whether U.S. police acted poorly, and only after overcoming this threshold have courts considered factors pointing to the reliability and voluntariness of the confession. In the international context, this translates into the routine and almost mechanic admission of confessions— even when there is clear indication that the confession …


Front Matter Jan 2016

Front Matter

Michigan Law Review

No abstract provided.


Front Matter Jan 2016

Front Matter

Michigan Law Review

No abstract provided.


Technology Competence: The New Ethical Mandate For North Dakota Lawyers And The Practice Of Law, Tracy Vigness Kolb Jan 2016

Technology Competence: The New Ethical Mandate For North Dakota Lawyers And The Practice Of Law, Tracy Vigness Kolb

North Dakota Law Review

No abstract provided.


Suing Under 42 U.S.C. § 1983 For Violation Of The Fifth Amendment: How The Eighth Circuit Should Determine When A Case Commences, Hilary Minor Jan 2016

Suing Under 42 U.S.C. § 1983 For Violation Of The Fifth Amendment: How The Eighth Circuit Should Determine When A Case Commences, Hilary Minor

North Dakota Law Review

No abstract provided.


Civil Rights—Morbid Obesity As A Disability Under The Ada Morriss V. Bnsf Ry. Co., 817 F.3d 1104 (8th Cir. 2016), Mary Batcheller Jan 2016

Civil Rights—Morbid Obesity As A Disability Under The Ada Morriss V. Bnsf Ry. Co., 817 F.3d 1104 (8th Cir. 2016), Mary Batcheller

North Dakota Law Review

No abstract provided.


Automobiles—Administrative Law And Procedure – Statutes: University Police Officers In Hot Pursuit Of Expanding Jurisdiction Kroschel V. Levi, 2015 Nd 185, 866 N.W.2d 109, Amber Cleveland Jan 2016

Automobiles—Administrative Law And Procedure – Statutes: University Police Officers In Hot Pursuit Of Expanding Jurisdiction Kroschel V. Levi, 2015 Nd 185, 866 N.W.2d 109, Amber Cleveland

North Dakota Law Review

No abstract provided.


Blood And Breath Tests—Constitutional Law: Constitutionality Of Warrantless Blood And Breath Tests Incident To Dui Arrest: Impact On Drunk Driving In North Dakota Birchfield V. North Dakota, 136 S. Ct. 2160 (2016), Megan Gordon Jan 2016

Blood And Breath Tests—Constitutional Law: Constitutionality Of Warrantless Blood And Breath Tests Incident To Dui Arrest: Impact On Drunk Driving In North Dakota Birchfield V. North Dakota, 136 S. Ct. 2160 (2016), Megan Gordon

North Dakota Law Review

No abstract provided.


Agriculture—Agricultural Exhibitions And Fairs: The North Dakota Supreme Court Upholds County Fair’S Assertion Of Recreational Use Immunity Woody V. Pembina Cnty. Annual Fair & Exhibition Ass’N, 2016 Nd 56, 877 N.W.2d 70, Santana Royer Jan 2016

Agriculture—Agricultural Exhibitions And Fairs: The North Dakota Supreme Court Upholds County Fair’S Assertion Of Recreational Use Immunity Woody V. Pembina Cnty. Annual Fair & Exhibition Ass’N, 2016 Nd 56, 877 N.W.2d 70, Santana Royer

North Dakota Law Review

No abstract provided.


Constitutional Law—The Reaffirmation Of The Lack Of Sixth Amendment Protections For Indigent Native American Defendants In Tribal Court Proceedings United States V. Bryant, 136 S. Ct. 1954 (2016), Allyssa Wall Jan 2016

Constitutional Law—The Reaffirmation Of The Lack Of Sixth Amendment Protections For Indigent Native American Defendants In Tribal Court Proceedings United States V. Bryant, 136 S. Ct. 1954 (2016), Allyssa Wall

North Dakota Law Review

No abstract provided.


North Dakota Supreme Court Review, North Dakota Law Review Associate Editors Jan 2016

North Dakota Supreme Court Review, North Dakota Law Review Associate Editors

North Dakota Law Review

No abstract provided.


What We Know And Need To Know About The State Of Access To Justice Research, Elizabeth Chambliss, Renee Newman Knake, Robert L. Nelson Jan 2016

What We Know And Need To Know About The State Of Access To Justice Research, Elizabeth Chambliss, Renee Newman Knake, Robert L. Nelson

South Carolina Law Review

No abstract provided.


What We Know And Need To Know About Gamification And Online Engagement, Stephanie Kimbro Jan 2016

What We Know And Need To Know About Gamification And Online Engagement, Stephanie Kimbro

South Carolina Law Review

No abstract provided.


What We Know And Need To Know About Medical-Legal Partnership, Bharath Krishnamurthy, Sharena Hagins, Ellen Lawton, Megan Sandel Jan 2016

What We Know And Need To Know About Medical-Legal Partnership, Bharath Krishnamurthy, Sharena Hagins, Ellen Lawton, Megan Sandel

South Carolina Law Review

No abstract provided.


What We Know And Need To Know About Law School Incubators, John Christian Waites, Fred Rooney Jan 2016

What We Know And Need To Know About Law School Incubators, John Christian Waites, Fred Rooney

South Carolina Law Review

No abstract provided.


Paying Down The Civil Justice Data Deficit: Leveraging Existing National Data Collection, Rebecca L. Sandefur Jan 2016

Paying Down The Civil Justice Data Deficit: Leveraging Existing National Data Collection, Rebecca L. Sandefur

South Carolina Law Review

No abstract provided.


Lessons Learned By An Interdisciplinary Research Team Evaluating Medical-Legal Partnership With The Department Of Veterans Affairs, Margaret Middleton, Jack Tsai, Robert Rosenheck Jan 2016

Lessons Learned By An Interdisciplinary Research Team Evaluating Medical-Legal Partnership With The Department Of Veterans Affairs, Margaret Middleton, Jack Tsai, Robert Rosenheck

South Carolina Law Review

No abstract provided.


Modern-Day Judicial "Politics": An Analysis Of Federal District Court Decision Making In Contemporary, Politically Divisive Issue Areas, Kyla Kristine Stepp Jan 2016

Modern-Day Judicial "Politics": An Analysis Of Federal District Court Decision Making In Contemporary, Politically Divisive Issue Areas, Kyla Kristine Stepp

Wayne State University Dissertations

Recent decisions regarding LGBT rights, reproductive rights, and racial and gender equality by U.S. District Courts have illuminated how these lower federal courts are increasingly becoming important policymakers in our political system. However, research to date has only scratched the surface on district court decision making in cases involving significant constitutional issues such as these. The substantial variation among judges (and among states/regions) in the decisions made and resulting policies indicates the existence of powerful, competing influences on district judges. I conduct a comprehensive analysis of many potential influences on district court judges, including individual ideology, personal characteristics, legal factors, …


Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 17, Iss. 2 Jan 2016

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 17, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.


Mediating Discovery Disputes: When "Meet And Confer" Alone Is Not Enough, Marian Riedy, Nancy Greenwald Jan 2016

Mediating Discovery Disputes: When "Meet And Confer" Alone Is Not Enough, Marian Riedy, Nancy Greenwald

Cardozo Journal of Conflict Resolution

It is universally agreed that mediation can be a very effective tool for resolving a civil lawsuit. For this reason, to save the parties' time and expense, and to conserve judicial resources, a large majority of jurisdictions require the parties to participate in mediation or another ADR technique before proceeding to trial. Mediation is not commonly employed, however, as a method of resolving discovery disputes. This article proposes that mediation, properly adjusted to account for the differences between the "endgame" and the discovery phase, can and should be used more widely as an efficient and cost-effective alternative to court orders …


The Psychology And Neurobiology Of Mediation, Elizabeth E. Bader Jan 2016

The Psychology And Neurobiology Of Mediation, Elizabeth E. Bader

Cardozo Journal of Conflict Resolution

This article grew out of a moment in mediation when a party became furious with me after receiving the opening offer from the other side. As I tried to understand what was happening, I suddenly realized it was not about the offer at all. It was about him. He feared a loss of "face" in front of the other parties.


A Genesis Of Conflict: The Zero-Sum Mindset, Jonathan R. Cohen Jan 2016

A Genesis Of Conflict: The Zero-Sum Mindset, Jonathan R. Cohen

Cardozo Journal of Conflict Resolution

Parties in conflict often operate under the assumption that for one party to win, the other party must lose. This concept, known as the "zero-sum mindset, " can lead to undesirable results, both because it can make disputes harder to resolve and because people holding such beliefs are more likely to get into conflicts to begin with. Over the past several decades, legal educators specializing in dispute resolution have worked hard to challenge that mindset. This task is not simple, for framing conflict in zero-sum terms has very deep cultural roots tracing back at least to the Biblical stories in …


Saving Mr. Banks And Other Interest-Based Negotiations, Michael Rogers Jan 2016

Saving Mr. Banks And Other Interest-Based Negotiations, Michael Rogers

Cardozo Journal of Conflict Resolution

The goal of this article is to encourage the use of interestbased negotiations. Some of the stories included will be familiar; others will be fresh. In Getting to Yes, Fisher and Ury identify four principles of negotiation ("principled negotiation") that can be employed effectively in almost any type of dispute resolution: (1) Separate the people from the problem; (2) Focus on interests rather than positions; (3) Invent options for mutual gain; and (4) Insist on using objective criteria. Because focusing on interests is the second step identified in Getting to Yes, and inventing options for mutual gain is the …


The War On American Diplomacy: Isis, Al-Qaeda, And Taliban's Sustained Attacks On Peaceful U.S. Missions Abroad, Justus Reid Weiner Jan 2016

The War On American Diplomacy: Isis, Al-Qaeda, And Taliban's Sustained Attacks On Peaceful U.S. Missions Abroad, Justus Reid Weiner

Cardozo Journal of Conflict Resolution

According to the American Foreign Service Association, seventy-six U.S. diplomats were killed between the years of 1973 and 2013 during peaceful missions abroad, amounting to over forty deaths. These diplomats were beacons of peace in their respective regions, maintaining peaceful relations amongst each other's countries and mitigating conflict without the use of violence. Continued attacks on diplomats are a demonstration of violence not only against them as individuals, but against peace around the globe. The most obvious way to resolve this conflict is to acknowledge the innumerous terror attacks that have taken place and take active steps to resolve the …


A Conversation Between Hon. Daniel Weinstein And Kenneth Feinberg, Moderated By Lela Love, Kenneth R. Feinberg, Daniel Weinstein, Lela Love Jan 2016

A Conversation Between Hon. Daniel Weinstein And Kenneth Feinberg, Moderated By Lela Love, Kenneth R. Feinberg, Daniel Weinstein, Lela Love

Cardozo Journal of Conflict Resolution

On October 8, 2015, the Benjamin N. Cardozo School of Law's Mediation Clinic celebrated its 30th Anniversary. In honor of this auspicious occasion, two leading alternative dispute resolution ("ADR") masters, the Honorable Daniel Weinstein (Ret.) and Kenneth Feinberg, Esq., convened for a conversation about their remarkable experiences in the ADR field. Feinberg has overseen the administration of settlement funds designed to help the victims of some of the largest disasters in United States history, including the September 11th victim compensation fund and the the BP oil spill. Weinstein is one of the preeminent mediators of large complex disputes, a founder …