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Articles 991 - 1020 of 1814
Full-Text Articles in Law
International Law Weekend Panel On Litigating The Holocaust In U.S. Courts, Monica Dugot Esq.
International Law Weekend Panel On Litigating The Holocaust In U.S. Courts, Monica Dugot Esq.
ILSA Journal of International & Comparative Law
I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.
Non-Governmental Organizations And The International Criminal Court: Changing Landscapes Of International Law, Zoe Pearson
Non-Governmental Organizations And The International Criminal Court: Changing Landscapes Of International Law, Zoe Pearson
Cornell International Law Journal
An exploration of claims that non-governmental organizations (NGOs) influence the formation of international law focuses on NGO participation in the multilateral negotiations to form the International Criminal Court. It is shown that, although NGO's can contribute to international lawmaking processes, their participation remains ad hoc, contingent, & characterized by conflicting viewpoints. However, existing international lawmaking is attempting to accommodate the diversity of global civil society actors even though deeply entrenched traditional constructions of international law tend to limit their involvement. Adapted from the source document.
How Much Justice Can We Afford?: Defining The Courts' Roles And Deciding The Appropriate Number Of Trials, Settlement Signals, And Other Elements Needed To Administer Justice, John M. Lande
Faculty Publications
This article discusses how the U.S. court system can function optimally given declining trial rates and the limited resources available. The question of how much justice we can afford is a challenge that becomes more difficult as budgets fall behind the increasing demand for and cost of court services. Presumably most analysts would agree that courts should try cases when appropriate - and help litigants find just resolutions without trial when it is not needed. The courts' ability to provide trials in some cases is possible only if the vast majority of other cases are not tried.This article provides background …
Immunity Or Impunity The Potential Effect Of Prosecutions Of State Officials For Core International Crimes In States Like The United States That Are Not Parties To The Statute Of The International, Mark A. Summers
Faculty Scholarship
No abstract provided.
Whose Finding Is It Anyway: The Division Of Labor Between Courts And Arbitrators With Respect To Waiver, David Lefevre
Whose Finding Is It Anyway: The Division Of Labor Between Courts And Arbitrators With Respect To Waiver, David Lefevre
Journal of Dispute Resolution
Given the emphasis with which the Supreme Court has made clear its policy favoring arbitration, it is not surprising that some courts may have reacted by divesting themselves of a "gateway issue" long decided by courts. Traditionally, courts have determined whether a party has acted inconsistently with its right to arbitration, thereby waiving it, but a few courts found that the question is properly before an arbitrator. Recently, the First Circuit Court of Appeals in Marie v. Allied Home Mortgage Corporation2 established a framework through which the federal circuits may begin to close the potential split of authority regarding waiver …
Living On The Past: The Role Of Truth Commissions In Post-Conflict Societies And The Case Study Of Northern Ireland, Christopher K. Connolly
Living On The Past: The Role Of Truth Commissions In Post-Conflict Societies And The Case Study Of Northern Ireland, Christopher K. Connolly
Cornell International Law Journal
Examines the possibility of applying the truth commission model in Northern Ireland where the past plays a significant role in shaping daily lives & worldviews. A review of the theory & practice of truth commissions is followed by a description of Northern Ireland's long & complex conflicts that point to the need for some form of truth-seeking. Attention is given to the difficulties such a process would face. Three recent truth-seeking initiatives are critiqued: the Northern Ireland Victims' Commissioner; the Bloody Sunday Inquiry; & a series of decisions by the European Court of Human Rights. A framework is presented for …
Courts, Congress, And Public Policy, Part Ii: The Impact Of The Reapportionment Revolution On Congress And State Legislatures, Jeffrey R. Lax, Mathew D. Mccubbins
Courts, Congress, And Public Policy, Part Ii: The Impact Of The Reapportionment Revolution On Congress And State Legislatures, Jeffrey R. Lax, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
For Such A Time As This, John W. Reed
For Such A Time As This, John W. Reed
Other Publications
This essay is based on a talk at the annual meeting of the International Society of Barristers at Scottsdale, Arizona on March 17, 2006.
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, Ronda Cress, J. Neil Grindstaff, S. Elizabeth Malloy
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, Ronda Cress, J. Neil Grindstaff, S. Elizabeth Malloy
Saint Louis University Public Law Review
No abstract provided.
Introduction To Vanishing Trial Symposium, John M. Lande
Introduction To Vanishing Trial Symposium, John M. Lande
Faculty Publications
This symposium shows that "vanishing trial" phenomena touch an extremely broad range of issues including transformations of society, courts, dispute resolution procedures, and even the nature of knowledge. These phenomena relate to decisions by litigants in particular cases, court systems, national policy, and international relations. This subject is too large and complex for any symposium to analyze fully, especially at this early stage of analysis. This symposium makes an important contribution to this study, with theories and evidence about the existence, nature, and extent of reductions in trials and similar proceedings. It elaborates a range of theories about possible causes …
Convicting The Innocent: Aberration Or Systemic Problem?, Rodney J. Uphoff
Convicting The Innocent: Aberration Or Systemic Problem?, Rodney J. Uphoff
Faculty Publications
In practice, the right to adequate defense counsel in the United States is disturbingly unequal. Only some American criminal defendants actually receive the effective assistance of counsel. Although some indigent defendants are afforded zealous, effective representation, many indigent defendants and almost all of the working poor are not. The quality of representation a defendant receives generally is a product of fortuity, of economic status, and of the jurisdiction in which he or she is charged. For many defendants, the assistance of counsel means little more than counsel's help in facilitating a guilty plea. With luck, money, and location primarily determining …
Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley
Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Conditions For Judicial Independence, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast
Conditions For Judicial Independence, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast
Faculty Scholarship
No abstract provided.
Courts, Congress, And Public Policy, Part I: The Fda, The Courts, And The Regulation Of Tobacco, Jeffrey R. Lax, Mathew D. Mccubbins
Courts, Congress, And Public Policy, Part I: The Fda, The Courts, And The Regulation Of Tobacco, Jeffrey R. Lax, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
Checks And Balances: Congress And The Federal Court, Paul D. Carrington
Checks And Balances: Congress And The Federal Court, Paul D. Carrington
Faculty Scholarship
This essay was published as a chapter in Reforming the Supreme Court: Term Limits for Justices (Paul D. Carrington & Roger Cramton eds, Carolina Academic Press 2006). Its point is that Congress has long neglected its duty implicit in the constitutional doctrine of separation of powers to constrain the tendency of the Court, the academy and the legal profession to inflate the Court's status and power. The term "life tenure" is a significant source of a sense of royal status having not only the adverse cultural effects noted by Nagel, but also doleful effects on the administration and enforcement of …
Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein
Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein
University of San Francisco Law Review
This Articles describes how attorneys bringing FRD claims face a threshold conceptual issue:How should plaintiffs frame FRD cases under existing discrimination law when neither "mother" nor "parent" is a protected classification? The solve this threshold issue, this Article suggests that FRD cases need not be shoehorned into protections for pregnancy nor require individual accommodations to be litigable. FRD cases can be litigated as straightforward gender discrimination cases under Title VII or under a variety of existing laws.
Skepticism And Expertise: The Supreme Court And The Eeoc, Melissa Hart
Skepticism And Expertise: The Supreme Court And The Eeoc, Melissa Hart
Publications
The Supreme Court regularly denies deference to the Equal Employment Opportunity Commission's interpretations of the federal antidiscrimination laws which that agency is charged with enforcing and interpreting. The Court's lack of deference for EEOC interpretation is in part a function of the analytical framework that the Court has created for assessing the deference due to different types of administrative interpretation. But this essay argues that the Court's lack of deference cannot be entirely explained with reference to these neutral analytical criteria. The Court's attitude toward the EEOC may also be explained as a consequence both of judicial reluctance to view …
Building Law, Not Libraries: The Value Of Unpublished Opinions And Their Effects On Precedent, Anika C. Stucky
Building Law, Not Libraries: The Value Of Unpublished Opinions And Their Effects On Precedent, Anika C. Stucky
Oklahoma Law Review
No abstract provided.
Addressing The Scourge Of Human Trafficking: The Challenge Ahead, Roza Pati
Addressing The Scourge Of Human Trafficking: The Challenge Ahead, Roza Pati
Faculty Articles
No abstract provided.
Reshaping Federal Jurisdiction: Congress's Latest Challenge To Judicial Review, Helen Norton
Reshaping Federal Jurisdiction: Congress's Latest Challenge To Judicial Review, Helen Norton
Publications
This Article examines growing congressional interest in a specific legislative check on judicial power: controlling the types of cases judges are empowered to decide by expanding and/or contracting federal subject matter jurisdiction. Congress has recently sought to shape judicial power through a range of proposals that variously enlarge and compress federal subject matter jurisdiction. In 2004, for example, the House of Representatives voted to strip federal courts of jurisdiction over constitutional challenges to the Defense of Marriage Act and the Pledge of the Allegiance. Just a few months later, the new 109th Congress undertook a groundbreaking expansion of federal subject …
The Equality Paradise: Paradoxes Of The Law's Power To Advance Equality, Marcia L. Mccormick
The Equality Paradise: Paradoxes Of The Law's Power To Advance Equality, Marcia L. Mccormick
All Faculty Scholarship
This paper, written for Texas Wesleyan Law School's Gloucester Conference, ¿Too Pure an Air: Law and the Quest for Freedom, Justice, and Equality,¿ is a brief exploration of a broader project. Every civil rights movement must struggle with how to allocate scarce resources to accomplish the broadest change possible. This paper compares the legal and political strategies of the Black rights movement and the women's rights movement in the United States, comparing both the strategy choices and the results. These two movement followed essentially the same strategies. Where they have attained success and where each has failed demonstrates the limits …
Exploring The Myths About The Ninth Circuit, Stephen Wermiel
Exploring The Myths About The Ninth Circuit, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Legal Approaches And The Contributions Of Case Law, Claudio Grossman
Legal Approaches And The Contributions Of Case Law, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law
The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law
Georgia Law Review
Sovereigns, like individuals, must sometimes make commitments that limit their freedom of action in order to accomplish their goals. Scholars have observed that constitutional arrangements can, by restricting a sovereign's power, enable the sovereign to make such commitments. The opposite, however, can also be true: constitutional arrangements can and do impede sovereign commitment by entrenching inalienable governmental powers and immunities. This Article explores the nature and origins of the commitment problems that sovereigns face, and the role of courts in solving such problems. It begins by setting forth an analytical distinction between effective and persuasive commitments. Effective commitments are made …
The Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard, Jr
The Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard, Jr
Georgia Law Review
Recent events like the Terri Schiavo case typify the familiar phenomenon of a matter of legal significance becoming the focus of attention on the part not only of the courts, but also of the public, the media, and the government. Legal contemplation tends to consider these and other legal disputes isolated from their community roots and insulated from their political implications. Most private disputes remain private, and do not attract the interest of the media or the political branches of government. The media's estimate of public curiosity, however, transforms a select number of disputes into high-profile cases, which leads to …
Judicial Accountability In A Time Of Legal Realism, William P. Marshall
Judicial Accountability In A Time Of Legal Realism, William P. Marshall
Faculty Publications
No abstract provided.
Some Reflections On The Symposium: Judging, The Classical Legal Paradigm And The Possible Contributions Of Science, Christina E. Wells
Some Reflections On The Symposium: Judging, The Classical Legal Paradigm And The Possible Contributions Of Science, Christina E. Wells
Faculty Publications
One theme running through the many excellent contributions to this symposium involves the myriad influences on judicial decision-making. As Professor Wrightsman notes, Supreme Court Justices' personal characteristics may affect their ability to influence colleagues and, consequently, the outcome of Supreme Court decisions. Professor Ruger observes that judges have both attitudinal and jurisprudential preferences that may change over time, affecting legal outcomes differently as time passes. Professor Sisk similarly notes that judges' personal values and experiences influence their decision-making. These observations are consistent with those of numerous other scholars, who find wide-ranging and diverse influences on the judicial resolution of legal …
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Faculty Publications
As we see in this symposium, Justice Harry Blackmun is as controversial in death as he was in life. We live in a time of increasing absolutism, where things are either black or white, red or blue, you are either for me or against me, my way or the highway. It is when we are swayed by the sirens of absolutism that we are most likely to make mistakes, for absolutism diminishes our capacity to see nuance, much less to appreciate and account for it in our reasoning. This is a dangerous thing in a court, and in a democracy. …
Foreword - Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Christina E. Wells, Martha Dragich
Foreword - Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Christina E. Wells, Martha Dragich
Faculty Publications
Justice Blackmun's papers were opened to the public on March 4, 2004, the fifth anniversary of his death. Held in the Manuscript Division of the Library of Congress, the collection includes over half a million items, many handwritten by Justice Blackmun. Anyone can read them. For legal scholars, this kind of research can only be described as exhilarating and many of the articles in this symposium draw on research from Justice Blackmun's papers. For the public, the release comes at a time when the interest in judges is particularly acute.
Damages For Mental Distress And Other Intangible Loss In A Commercial Context, Shannon O'Byrne
Damages For Mental Distress And Other Intangible Loss In A Commercial Context, Shannon O'Byrne
Dalhousie Law Journal
As a general rule, contracts law does not permit an award of general damages for mental distress or other intangible loss. There are several rationales for this, including: plaintiffs are to bear their disappointment or upset with mental fortitude; without the rule, courts would be awash in litigation since every breach of contract brings with it some degree of emotional distress; without the rule, plaintiffs may fabricate or exaggerate the degree of their upset; and the rule simply reflects the lack of foreseeability of such loss under Hadley v. Baxendale. Notwithstanding the general rule, courts have awarded mental distress in …