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Articles 1141 - 1170 of 1814

Full-Text Articles in Law

Florida Legal History: The Courts And Law During The Civil War, Reconstruction And Restoration Eras, Robert W. Lee Jan 2003

Florida Legal History: The Courts And Law During The Civil War, Reconstruction And Restoration Eras, Robert W. Lee

St. Thomas Law Review

Florida's legal heritage includes a wide range of direct influences. Spanish law played a role in the establishment of Florida territorial law, which was gradually superseded by English common law. Florida's ties to the other southern states contributed to the development of local laws consistent with those of the Old South. Even today, the root of many existing Florida laws lies in these historical eras. Those seeking to interpret unclear law would be assisted in knowing the historical reasons behind particular legislation or court decisions. One remarkable era is that of the years from 1860 through 1880, a time of …


The International Criminal Court And The Future Of Legal Accountability, William W. Burke-White Jan 2003

The International Criminal Court And The Future Of Legal Accountability, William W. Burke-White

ILSA Journal of International & Comparative Law

With unexpected speed, the International Criminal Court has become a reality.


Voting And Electoral Politics In The Wisconsin Supreme Court, Jason J. Czarnezki Jan 2003

Voting And Electoral Politics In The Wisconsin Supreme Court, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This Article examines criminal cases decided by the Wisconsin Supreme Court over a fifteen-year period in an effort to discern whether judicial elections undercut judicial independence by affecting the ways justices vote. Wisconsin was chosen for this study because the state's mix of appointed and elected judges allows a researcher to control for different judicial selection systems. Specifically, this Article questions whether voting patterns may be affected by a justice's proximity to judicial elections, election margins, and whether a justice was appointed or elected in the initial term, since the governor may appoint a justice to fill a vacancy on …


A Reply--The Missing Portion, Pierre Schlag Jan 2003

A Reply--The Missing Portion, Pierre Schlag

Publications

No abstract provided.


In Defense Of Title Ix: Why Current Policies Are Required To Ensure Equality Of Opportunity, Jocelyn Samuels, Kristen Galles Jan 2003

In Defense Of Title Ix: Why Current Policies Are Required To Ensure Equality Of Opportunity, Jocelyn Samuels, Kristen Galles

Marquette Sports Law Review

No abstract provided.


Goldwasser, The Telecom Act, And Reflections On Antitrust Remedies, Philip J. Weiser Jan 2003

Goldwasser, The Telecom Act, And Reflections On Antitrust Remedies, Philip J. Weiser

Publications

No abstract provided.


In Praise Of The Rule Of Law, The Role Of Judges, And The Right To Shop, Nadine Strossen Jan 2003

In Praise Of The Rule Of Law, The Role Of Judges, And The Right To Shop, Nadine Strossen

NYLS Law Review

No abstract provided.


Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr. Jan 2003

Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr.

NYLS Law Review

No abstract provided.


Responding To Developments In Economics And The Courts: Entry In The Merger Guidelines, Jonathan Baker Jan 2003

Responding To Developments In Economics And The Courts: Entry In The Merger Guidelines, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Judicial Selection As War, Michael J. Gerhardt Jan 2003

Judicial Selection As War, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Norm Of Prior Judicial Experience And Its Consequences For Career Diversity On The U.S. Supreme Court, Lee Epstein, Jack Knight, Andrew D. Martin Jan 2003

The Norm Of Prior Judicial Experience And Its Consequences For Career Diversity On The U.S. Supreme Court, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.


Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf Jan 2003

Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf

Faculty Scholarship

Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision …


Empirical Research Into The Chinese Judicial System, Donald C. Clarke Jan 2003

Empirical Research Into The Chinese Judicial System, Donald C. Clarke

GW Law Faculty Publications & Other Works

The last few years have seen a proliferation of programs by Western states and international agencies designed, in broad terms, to promote reforms in the Chinese judicial system. What is not clear, however, is whether there has been systematic thinking about the precise goals to be sought in these and other projects, whether these goals are appropriate, and indeed whether their achievement can even be ascertained in some measurable way. This paper is an attempt to think about what we know, what we might want to know, and what we can know about China's judicial system, broadly defined.

A key …


The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam Jan 2003

The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam

Articles

No abstract provided.


Federal Judicial Selection As War: Part Iii --The Role Of Ideology, Michael J. Gerhardt Jan 2003

Federal Judicial Selection As War: Part Iii --The Role Of Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Inter-American System, Claudia Martin Jan 2003

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher Jan 2003

Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Inter-American System, Diego Rodriguez-Pinzon Jan 2003

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Trials And Tribulations: Science In The Law, Susan Haack Jan 2003

Trials And Tribulations: Science In The Law, Susan Haack

Articles

No abstract provided.


The War On Terrorism And The Constitution, Michael I. Meyerson Nov 2002

The War On Terrorism And The Constitution, Michael I. Meyerson

All Faculty Scholarship

Discussion of civil liberties during wartime often omit the fact that there can be no meaningful liberty at all if our homes and offices are bombed or our loved ones are killed or injured by acts of terror. The Government must be given the tools necessary to accomplish its vital mission. The first priority must be to win the war against terrorism. There are, however, other priorities. The United States, in its just battle for freedom, must ensure that freedom is preserved during that battle as well. Moreover, care must be taken so that an exaggerated cry of “emergency” is …


Amending Authors And Constitutional Discourse, Barbara Darby Oct 2002

Amending Authors And Constitutional Discourse, Barbara Darby

Dalhousie Law Journal

The author surveys various theories related to the concept of constitutional amendment, reviewing the importance of the notion of authorship to the amending process, and the related theories about constitutional legitimacy and judicial activism. In seeking an alternative conceptualization of authorship that is applicable to constitutional amendment, she reviews Michel Foucault's essay on authorship, and specifically his notion of the transdiscursive author who originates a "return" to an original text, which she presents as a useful context in which to read the constitutional amendment process. Constitutional discourse, using Foucault's approach to discourse, occupies a significant cultural and social position. She …


After The Revolution: Being Pragmatic And Functional In Canada's Trial Courts And Courts Of Appeal, William Lahey, Diana Ginn Oct 2002

After The Revolution: Being Pragmatic And Functional In Canada's Trial Courts And Courts Of Appeal, William Lahey, Diana Ginn

Dalhousie Law Journal

In a 1998 decision, Pushpanathan v Canada, the Supreme Court of Canada synthesized and revised the previous jurisprudence on "pragmatic and functional analysis" - the approach used since the late 1980's to determine the appropriate standard of deference in substantive review of administrative decision making. The next year, in Baker v. Canada, the Court expanded the reach of the pragmatic and functional analysis by applying it to the exercise of administrative discretion. This paper examines approximately 275 lower court decisions to determine how courts across Canada are responding to and implementing the doctrinal change initiated by the Supreme Court. Patterns …


The Law Of Nations And The Offenses Clause Of The Constitution: A Defense Of Federalism, Michael T. Morley Oct 2002

The Law Of Nations And The Offenses Clause Of The Constitution: A Defense Of Federalism, Michael T. Morley

Scholarly Publications

No abstract provided.


Courts Proceedings, Incompetency And Dependency: Authorize The Photographing Of Children Who Have Absconded And Subsequently Returned To The Custody Of The Department Of Juvenile Justice, Barbara S. Murphy Sep 2002

Courts Proceedings, Incompetency And Dependency: Authorize The Photographing Of Children Who Have Absconded And Subsequently Returned To The Custody Of The Department Of Juvenile Justice, Barbara S. Murphy

Georgia State University Law Review

The Act authorizes the photographing of every child who has absconded and subsequently returned to the custody of the Department of Juvenile Justice.


Courts Demand Of Jury Panels From Which To Select Jury In Civil Actions In The State Courts And The Superior Courts: Raise The Minimum Damages Claim Amount Whereby Parties May Demand A Jury Of Twelve, Mark D. Meliski Sep 2002

Courts Demand Of Jury Panels From Which To Select Jury In Civil Actions In The State Courts And The Superior Courts: Raise The Minimum Damages Claim Amount Whereby Parties May Demand A Jury Of Twelve, Mark D. Meliski

Georgia State University Law Review

The Act increases the minimum claim for damages to twenty-five thousand dollars in order to have a jury of twelve members in civil actions in state court.


Unmasking The Presumption In Favor Of Preemption, Mary J. Davis Jul 2002

Unmasking The Presumption In Favor Of Preemption, Mary J. Davis

South Carolina Law Review

No abstract provided.


Disconnects Between Water And Land Use Resource Management [Abstract], Dan Tarlock, Lora A. Lucero Jun 2002

Disconnects Between Water And Land Use Resource Management [Abstract], Dan Tarlock, Lora A. Lucero

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

2 pages.


The Law Of Options, Keith Evans Apr 2002

The Law Of Options, Keith Evans

Dalhousie Law Journal

Little attention is devoted to the law of options in major Canadian texts on contract law or in periodical literature. One might, therefore, assume that the law in this area is well settled and that few major cases come before the courts. However, a review of appellate decisions in Canada indicates significant judicial interest in the topic which would challenge those assumptions. In fact, appellate courts in various common law jurisdictions continue to struggle with many doctrinal issues related to this specialized type of contract. This article provides a comprehensive review of the law of options in Canada, and identifies …


Juries, Justice And Multiculturalism, Nancy S. Marder Feb 2002

Juries, Justice And Multiculturalism, Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Supreme Court Selection As War, Michael J. Gerhardt Jan 2002

Supreme Court Selection As War, Michael J. Gerhardt

Faculty Publications

No abstract provided.