Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (1095)
- Constitutional Law (374)
- Judges (349)
- Law and Society (199)
- Criminal Law (196)
-
- Jurisprudence (195)
- Social and Behavioral Sciences (193)
- Civil Rights and Discrimination (175)
- Litigation (159)
- International Law (154)
- Jurisdiction (143)
- Legal History (142)
- Legal Profession (139)
- Criminal Procedure (136)
- Civil Procedure (122)
- Comparative and Foreign Law (118)
- State and Local Government Law (115)
- Legislation (114)
- Dispute Resolution and Arbitration (111)
- Law and Politics (107)
- Public Law and Legal Theory (106)
- Administrative Law (105)
- Human Rights Law (73)
- Supreme Court of the United States (71)
- Civil Law (70)
- Legal Ethics and Professional Responsibility (68)
- Arts and Humanities (65)
- Evidence (60)
- Torts (60)
- Institution
-
- SelectedWorks (584)
- Selected Works (375)
- Duke Law (95)
- BLR (91)
- Schulich School of Law, Dalhousie University (83)
-
- University of South Carolina (77)
- American University Washington College of Law (59)
- Villanova University Charles Widger School of Law (58)
- Maurer School of Law: Indiana University (55)
- University of Pennsylvania Carey Law School (51)
- Touro University Jacob D. Fuchsberg Law Center (47)
- University of North Carolina School of Law (46)
- Fordham Law School (40)
- University of Colorado Law School (40)
- William & Mary Law School (40)
- West Virginia University (39)
- Northwestern Pritzker School of Law (35)
- Roger Williams University (35)
- University of Missouri School of Law (29)
- Vanderbilt University Law School (29)
- University of Georgia School of Law (27)
- Chicago-Kent College of Law (25)
- Pepperdine University (24)
- Singapore Management University (24)
- University of San Diego (24)
- University of Kentucky (23)
- New York Law School (21)
- Boston University School of Law (20)
- University of Baltimore Law (19)
- Columbia Law School (18)
- Publication
-
- Faculty Scholarship (163)
- All Faculty Scholarship (97)
- Faculty Publications (94)
- ExpressO (87)
- Dalhousie Law Journal (79)
-
- South Carolina Law Review (74)
- Articles in Law Reviews & Other Academic Journals (54)
- Villanova Law Review (54)
- Scholarly Works (46)
- Touro Law Review (40)
- West Virginia Law Review (38)
- Adam Lamparello (34)
- Nancy S. Marder (34)
- Indiana Law Journal (32)
- Faculty Working Papers (30)
- Law and Contemporary Problems (26)
- Articles (24)
- Research Collection Yong Pung How School Of Law (23)
- Neal E. Devins (21)
- Publications (20)
- Law Faculty Scholarly Articles (19)
- Life of the Law School (1993- ) (19)
- Laura K. Ray (18)
- John B McArthur (17)
- Pepperdine Law Review (17)
- Journal Articles (16)
- Articles by Maurer Faculty (15)
- Faculty Articles (15)
- Fordham Law Review (15)
- Thomas J. Stipanowich (13)
- Publication Type
Articles 151 - 180 of 2612
Full-Text Articles in Law
The Effects Of A Powerful Military On Compliance With International Human Rights Tribunals, Ian Z. Sheppard
The Effects Of A Powerful Military On Compliance With International Human Rights Tribunals, Ian Z. Sheppard
Honors College Theses
Are states with a powerful military force less likely to comply with European Court of Human Rights (ECtHR) and Inter-American Court of Human Rights (IACtHR) judgements and rulings? The main foundation of the paper is built upon Hillebrecht’s definition of compliance and why a particular state complies with the rulings of the ECtHR and IACtHR. Domestic institutions are the driving force behind a state’s willingness to comply because of the significant lack of enforcing power behind these international institutions. The goal of the paper is to expand upon what Hillebrecht started by looking past the basic domestic institutions like executive …
Law School News: Rwu Law Professors, Aclu Seek Release For All Ice Detainees At Wyatt 05-18-2020, Roger Williams University School Of Law
Law School News: Rwu Law Professors, Aclu Seek Release For All Ice Detainees At Wyatt 05-18-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News: Professor Of The Year: Tara Allen 05-14-2020, Michael M. Bowden
Law School News: Professor Of The Year: Tara Allen 05-14-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Justice Diseased Is Justice Denied: Coronavirus, Court Closures, And Criminal Trials, Ryan Shymansky
Justice Diseased Is Justice Denied: Coronavirus, Court Closures, And Criminal Trials, Ryan Shymansky
West Virginia Law Review Online
This Article aims to consider the immediate impacts of the novel coronavirus on criminal defendants’ access to speedy trials by jury. In particular, it aims to examine whether court closures and delays could affect the substantive rights of criminal defendants—and particularly pretrial detainees—to a speedy and public trial by jury. To date, very little scholarship has considered this question. Yet the ideal of a speedy trial by jury is deeply embedded in our Constitution and our judicial system, and the potential for a pandemic to limit or negate that right should ring scholastic and judicial alarm bells.
This analysis proceeds …
Statistical Precedent: Allocating Judicial Attention, Ryan W. Copus
Statistical Precedent: Allocating Judicial Attention, Ryan W. Copus
Faculty Works
Suffering from a well-covered “crisis of volume,” the United States Courts of Appeals have patched together an ad hoc system of triage in an effort to provide cases with sufficient attention. For example, only some cases are assigned to central staff, analyzed by law clerks, orally argued, debated over by judges, or decided in published opinions. The courts have evaded overt disaster by increasing the number of active, senior, and visiting judges, but the additional personnel poses its own demands on attention—judges must also pay attention to one another in order to coherently develop and apply the law. With too …
Were Justices Lawyers?, Thomas J. Mcsweeney
Legal Genres, Thomas J. Mcsweeney
Who Are The "We"?, Thomas J. Mcsweeney
The Doctrine Of Wilful Blindness In Drug Offences: Adili Chibuike Ejike V Public Prosecutor [2019] 2 Slr 254, Rennie Whang
The Doctrine Of Wilful Blindness In Drug Offences: Adili Chibuike Ejike V Public Prosecutor [2019] 2 Slr 254, Rennie Whang
Research Collection Yong Pung How School Of Law
In Adili Chibuike Ejike v Public Prosecutor [2019] 2 SLR 254, the Court of Appeal clarified the operation of the wilful blindness doctrine in the context of knowing possession for drug offences. In particular, it affirmed wilful blindness as a doctrine of substantive rather than evidential law, which applies as a limited extension to the legal requirement of actual knowledge. The court then articulated a three-part test for the finding of wilful blindness in relation to knowledge as an ingredient of possession. However, it left open the content of the doctrine as applied to the element of knowledge in drug …
Public Defenders' Offices In Brazil: Access To Justice, Courts, And Public Defenders, Alexandre Dos Santos Cunha
Public Defenders' Offices In Brazil: Access To Justice, Courts, And Public Defenders, Alexandre Dos Santos Cunha
Indiana Journal of Global Legal Studies
This essay discusses the impact of public defenders' offices in promoting equality through the enforcement of the right to access to justice in Brazil. To achieve this goal, this note is divided into two parts.
Part I presents the Brazilian public defenders' offices, their history, institutional design, rights, and prerogatives. Part II discusses the role played by public defenders in the enforcement of the right to access to justice in Brazil, as well as the relations established between public defenders and courts. The Conclusion attempts to assess the sustainability of the Brazilian model, in order to determine if there is …
Vertical Stare Decisis And Three-Judge District Courts, Michael T. Morley
Vertical Stare Decisis And Three-Judge District Courts, Michael T. Morley
Scholarly Publications
Three-judge federal district courts have jurisdiction over many issues central to our democratic system, including constitutional challenges to congressional and legislative districts, as well as to certain federal campaign-finance statutes. They are similarly responsible for enforcing key provisions of the Voting Rights Act. Litigants often have the right to appeal their rulings directly to the U.S. Supreme Court. Because of this unusual appellate process, courts and commentators disagree on whether such three-judge district court panels are bound by circuit precedent or instead are free to adjudicate these critical issues constrained only by U.S. Supreme Court rulings.
The applicability of court …
Here There Be Dragons: The Likely Interaction Of Judges With The Artificial Intelligence Ecosystem, Fredric I. Lederer
Here There Be Dragons: The Likely Interaction Of Judges With The Artificial Intelligence Ecosystem, Fredric I. Lederer
Popular Media
No abstract provided.
Jurisprudence—Merely Judgment: A Fallibilist Account Of The Rule Of Law, Bruce K. Miller
Jurisprudence—Merely Judgment: A Fallibilist Account Of The Rule Of Law, Bruce K. Miller
Faculty Scholarship
How should judges decide the cases presented to them? In our system the answer is, “according to law,” as opposed to the judges’ preferred outcomes. But for at least a century, skeptics have cast doubt on whether adjudication under law is possible. Judge Richard Posner, now retired from the U.S. Court of Appeals for the Seventh Circuit, has, for example, argued that the indeterminacy of legal argument and the influence of judges’ predispositions show that it is not. Judge Posner thus recommends that judges give up on the rule of law in contested cases and instead candidly base their decisions …
Death By Virus: Why The Prison Litigation Reform Act Should Be Suspended, Divya Sriharan
Death By Virus: Why The Prison Litigation Reform Act Should Be Suspended, Divya Sriharan
Center for Health Law Policy and Bioethics
In order to save the lives of inmates, as well as redress some of the harms the prison system and the pandemic have caused them, Congress must pass a bill to temporarily suspend the Prison Litigation Reform Act. As of August 13, 2020, 95,398 inmates have contracted COVID-19. Prisons refuse to adapt or implement measures to save lives. Because of the Prison Litigation Reform Act, it is near impossible for inmates to take their cases to court. The Prison Litigation Reform Act’s requirements include: exhausting all internal administrative remedies before filing in court, not allowing suits based on mental or …
The Inherent And Supervisory Power, Jeffrey C. Dobbins
The Inherent And Supervisory Power, Jeffrey C. Dobbins
Georgia Law Review
Parties to litigation expect courts to operate both
predictably and fairly. A core part of this expectation is
the presence of codified rules of procedure, which ensure
fairness while constraining, and making more
predictable, the ebb and flow of litigation.
Within the courts of this country, however, there is a
font of authority over procedure that courts often turn to
in circumstances when they claim that there is no
written guidance. This authority, referred to as the
“inherent” or “supervisory” power of courts, is an almost
pure expression of a court’s exercise of discretion in that
it gives courts the …
Packing And Unpacking State Courts, Marin K. Levy
Packing And Unpacking State Courts, Marin K. Levy
Faculty Scholarship
When it comes to court packing, questions of “should” and “can” are inextricably intertwined. The conventional wisdom has long been that federal court packing is something the President and Congress simply cannot do. Even though the Constitution’s text does not directly prohibit expanding or contracting the size of courts for political gain, many have argued that there is a longstanding norm against doing so, stemming from a commitment to judicial independence and separation of powers. And so (the argument goes), even though the political branches might otherwise be tempted to add or subtract seats to change the Court’s ideological makeup, …
Covid, Crisis And Courts, Colleen F. Shanahan, Alyx Mark, Jessica K. Steinberg, Anna E. Carpenter
Covid, Crisis And Courts, Colleen F. Shanahan, Alyx Mark, Jessica K. Steinberg, Anna E. Carpenter
Faculty Scholarship
Our country is in crisis. The inequality and oppression that lies deep in the roots and is woven in the branches of our lives has been laid bare by a virus. Relentless state violence against black people has pushed protestors to the streets. We hope that the legislative and executive branches will respond with policy change for those who struggle the most among us: rental assistance, affordable housing, quality public education, comprehensive health and mental health care. We fear that the crisis will fade and we will return to more of the same. Whatever lies on the other side of …
Keeping Faith With Nomos, Steven L. Winter
Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott
Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott
Faculty Scholarship
The law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the past few decades. Lawmakers started granting children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, and legally incompetent beings. As children emerged as legal persons, children’s rights advocates challenged the rationale for parental authority, contending that robust parental rights often harm children. And a wave of punitive reforms in response to juvenile crime in the 1990s undermined …
When Prosecutors Politick: Progressive Law Enforcers Then And Now, Bruce A. Green, Rebecca Roiphe
When Prosecutors Politick: Progressive Law Enforcers Then And Now, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
A new and recognizable group of reform-minded prosecutors has assumed the mantle of progressive prosecution. The term is hard to define in part because its adherents embrace a diverse set of policies and priorities. In comparing the contemporary movement with Progressive Era prosecutors, this Article has two related goals. First, it seeks to better define progressive prosecution. Second, it uses a historical comparison to draw some lessons for the current movement. Both groups of prosecutors were elected on a wave of popular support. Unlike today’s mainstream prosecutors who tend to campaign and labor in relative obscurity, these two sets of …
Does Revlon Matter? A Empirical And Theoretical Study, Matthew D. Cain Ph. D., Sean J. Griffith, Robert J. Jackson Jr., Steven D. Solomon
Does Revlon Matter? A Empirical And Theoretical Study, Matthew D. Cain Ph. D., Sean J. Griffith, Robert J. Jackson Jr., Steven D. Solomon
Faculty Scholarship
We empirically examine whether and how the doctrine of enhanced judicial scrutiny that emerged from Revlon and its progeny actually affects M&A transactions. Combining hand-coding and machine-learning techniques, we assemble data from the proxy statements of publicly announced mergers between 2003 and 2017 into a dataset of 1,913 unique transactions. Of these, 1,167 transactions were subject to the Revlon standard, and 553 were not. After subjecting this sample to empirical analysis, our results show that Revlon does indeed matter for companies incorporated in Delaware. We find that in Delaware, Revlon deals are more intensely negotiated, involve more bidders, and result …
The Law Of Obscenity In Comic Books, Rachel Silverstein
The Law Of Obscenity In Comic Books, Rachel Silverstein
Touro Law Review
No abstract provided.
Criminal Usury And Its Impact On New York Business Transactions, Christopher Basile
Criminal Usury And Its Impact On New York Business Transactions, Christopher Basile
Touro Law Review
No abstract provided.
The Friday Night “Who Is Driving?” Debate Will Soon Come To An End: How Autonomous Vehicles Are Changing Our Lives And Societal Norms, Nicholas Calabria
The Friday Night “Who Is Driving?” Debate Will Soon Come To An End: How Autonomous Vehicles Are Changing Our Lives And Societal Norms, Nicholas Calabria
Touro Law Review
No abstract provided.
2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School Of Law
2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Invisible Article Iii Delinquency: History, Mystery, And Concerns About "Federal Juvenile Courts", Mae C. Quinn, Levi T. Bradford
Invisible Article Iii Delinquency: History, Mystery, And Concerns About "Federal Juvenile Courts", Mae C. Quinn, Levi T. Bradford
Journal Articles
This essay is the second in a two-part series focused on our nation’s invisible juvenile justice system—one that operates under the legal radar as part of the U.S. Constitution’s Article III federal district court system. The first publication, Article III Adultification of Kids: History, Mystery, and Troubling Implications of Federal Youth Transfers, examined the little-known practice of prosecuting children as adults in federal courts. This paper will look at the related phenomenon of juvenile delinquency matters that are filed and pursued in our nation’s federal court system. To date, most scholarship evaluating youth prosecution has focused on our country’s juvenile …
Tinkering With Circuit Conflicts Beyond The Schoolhouse Gate, Stephen Wermiel
Tinkering With Circuit Conflicts Beyond The Schoolhouse Gate, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Covid, Crisis And Courts, Colleen F. Shanahan, Alyx Mark, Jessica K. Steinberg, Anna E. Carpenter
Covid, Crisis And Courts, Colleen F. Shanahan, Alyx Mark, Jessica K. Steinberg, Anna E. Carpenter
GW Law Faculty Publications & Other Works
Our country is in crisis. The inequality and oppression that lies deep in the roots and is woven in the branches of our lives has been laid bare by a virus. Relentless state violence against black people has pushed protestors to the streets. We hope that the legislative and executive branches will respond with policy change for those who struggle the most among us: rental assistance, affordable housing, quality public education, comprehensive health and mental health care. We fear that the crisis will fade and we will return to more of the same. Whatever lies on the other side of …
The Fact-Law Distinction: Strategic Factfinding And Lawmaking In A Judicial Hierarchy, Sepehr Shahshahani
The Fact-Law Distinction: Strategic Factfinding And Lawmaking In A Judicial Hierarchy, Sepehr Shahshahani
Faculty Scholarship
No abstract provided.
The Adjudication Business, Pamela K. Bookman
The Adjudication Business, Pamela K. Bookman
Faculty Scholarship
The recent proliferation of international commercial courts around the world is changing the global business of adjudication. The rise of these courts also challenges the traditional accounts of the competitive relationship between and among courts and arbitral tribunals for this business. London and New York have long been considered the forum of choice in international commercial contracts—whether parties opt for litigation or arbitration. More recently, however, English-language-friendly international commercial courts have been established in China (2018), Singapore (2015), Qatar (2009), Dubai (2004), the Netherlands (2019), Germany (2018), France (2010), and beyond.
The emerging scholarship addressing these new courts tends to …