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Articles 1 - 30 of 38
Full-Text Articles in Law
The Future Of The Foreign Commerce Clause, Scott Sullivan
The Future Of The Foreign Commerce Clause, Scott Sullivan
Scott Sullivan
The Foreign Commerce Clause has been lost, subsumed by its interstate cousin, and overshadowed in foreign relations by the treaty power. Consistent with its original purpose and the implied, but unrefined view asserted by the judiciary, this Article articulates a broader and deeper Foreign Commerce power than is popularly understood. It reframes doctrinal considerations for a reinvigorated Foreign Commerce Clause— both as an independent power and in alliance with other coordinate foreign affairs powers—and demonstrates that increasing global complexity and interdependence makes broad and deep federal authority under this power crucial to effective and efficient action in matters of national …
Minor Courts, Major Questions, Michael Coenen
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Articles
No abstract provided.
Civil Discovery: How Bad Are The Problems, Wayne Brazil
Civil Discovery: How Bad Are The Problems, Wayne Brazil
Wayne Brazil
Discusses problems exposed by the way pre-trial discovery is working in civil litigation in the United States. Experiences and complaints of lawyers, judges and legal scholars in the legal system; Role played by the courts in the discovery arena.
Pleading Guilty In Lower Courts, Malcolm M. Feeley
Pleading Guilty In Lower Courts, Malcolm M. Feeley
Malcolm Feeley
Examined is the practice of pleading guilty to petty offenses in lower courts & questioned are some of the long-standing assumptions about the dynamics of that process. It is shown that though plea bargaining of the classical type rarely occurs, the term itself & certain aspects of bargaining continue to serve important symbolic functions. Modified Author Summary.
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Indiana Law Journal
The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either joining the U.S. …
Scrutinizing Federal Electoral Qualifications, Derek T. Muller
Scrutinizing Federal Electoral Qualifications, Derek T. Muller
Indiana Law Journal
Candidates for federal office must meet several constitutional qualifications. Sometimes, whether a candidate meets those qualifications is a matter of dispute. Courts and litigants often assume that a state has the power to include or exclude candidates from the ballot on the basis of the state’s own scrutiny of candidates’ qualifications. Courts and litigants also often assume that the matter is not left to the states but to Congress or another political actor. But those contradictory assumptions have never been examined, until now.
This Article compiles the mandates of the Constitution, the precedents of Congress, the practices of states administering …
The Future Of The Foreign Commerce Clause, Scott Sullivan
The Future Of The Foreign Commerce Clause, Scott Sullivan
Journal Articles
The Foreign Commerce Clause has been lost, subsumed by its interstate cousin, and overshadowed in foreign relations by the treaty power. Consistent with its original purpose and the implied, but unrefined view asserted by the judiciary, this Article articulates a broader and deeper Foreign Commerce power than is popularly understood. It reframes doctrinal considerations for a reinvigorated Foreign Commerce Clause--both as an independent power and in alliance with other coordinate foreign affairs powers--and demonstrates that increasing global complexity and interdependence makes broad and deep federal authority under this power crucial to effective and efficient action in matters of national concern.
Lawyer-Client Confidentiality: Rethinking The Trilemma, Monroe H. Freedman
Lawyer-Client Confidentiality: Rethinking The Trilemma, Monroe H. Freedman
Hofstra Law Review
The article discusses three ethical obligations which bear on attorney-client confidentiality in America in cases involving client perjury as of 2015, and it mentions how U.S. lawyers are required to learn as much as they can about their clients' cases, inform their clients of a lawyer's obligation to keep information confidential, and reveal confidential information to a court if an attorney knows that a client has committed perjury. The American Bar Association's ethical rules are examined.
The Curious Exclusion Of Corporations From The Privileges And Immunites Clause Of Article Iv, Stewart Jay
The Curious Exclusion Of Corporations From The Privileges And Immunites Clause Of Article Iv, Stewart Jay
Hofstra Law Review
Since the mid-nineteenth century, courts consistently have held that corporations cannot be citizens for purposes of the Privileges and Immunities Clause of Article I of the U.S. Constitution. Judges reasoned that because corporations were not humans, they were unable to be “citizens” eligible for the clause’s protection against discriminatory treatment by states. Yet the Supreme Court also held that corporations were citizens for purposes of federal judicial jurisdiction, as well as “persons” under the Fourteenth Amendment. Extending these constitutional protections to corporations is based on the idea that businesses are owned by actual people who are harmed when their companies …
Interesting Times At The Federal Circuit, Kathleen M. O'Malley
Interesting Times At The Federal Circuit, Kathleen M. O'Malley
American University Law Review
No abstract provided.
Speak Now Or Hold Your Peace: Prearbitration Express Waivers Of Evident-Partiality Challenges, Edward C. Dawson
Speak Now Or Hold Your Peace: Prearbitration Express Waivers Of Evident-Partiality Challenges, Edward C. Dawson
American University Law Review
No abstract provided.
Families Now: What We Don't Know Is Hurting Us, Judith T. Younger
Families Now: What We Don't Know Is Hurting Us, Judith T. Younger
Hofstra Law Review
No abstract provided.
Damned If You Do, Damned If You Don't: Why Multi-Court-Involved Battered Mothers Just Can't Win, Margo Lindauer
Damned If You Do, Damned If You Don't: Why Multi-Court-Involved Battered Mothers Just Can't Win, Margo Lindauer
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Litigant Consent: The Missing Link For Permissible Jurisdiction For Final Judgment In Non-Article Iii Courts After Stern V. Marshall, Jillian M. Clouse
Litigant Consent: The Missing Link For Permissible Jurisdiction For Final Judgment In Non-Article Iii Courts After Stern V. Marshall, Jillian M. Clouse
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, Wiliam J. Aceves
Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, Wiliam J. Aceves
Case Western Reserve Journal of International Law
No abstract provided.
The Gender Gap On The Federal Bench, Carl Tobias
The Gender Gap On The Federal Bench, Carl Tobias
Hofstra Law Review
No abstract provided.
The Hazards Of Proposals To Limit The Tenure Of Federal Judges And To Permit Judicial Removal Without Impeachment, William G. Ross
The Hazards Of Proposals To Limit The Tenure Of Federal Judges And To Permit Judicial Removal Without Impeachment, William G. Ross
Villanova Law Review
No abstract provided.
Mccain V. Grant Parish Police Jury: Judicial Use Of The Inherent Powers Doctrine To Compel Adequate Judicial Funding, André Doguet
Mccain V. Grant Parish Police Jury: Judicial Use Of The Inherent Powers Doctrine To Compel Adequate Judicial Funding, André Doguet
Louisiana Law Review
No abstract provided.
Comment: Justice Potter Stewart's Philosophy Of Federal Judicial Administration, James A. Gazell
Comment: Justice Potter Stewart's Philosophy Of Federal Judicial Administration, James A. Gazell
Case Western Reserve Law Review
No abstract provided.
Federalism, Judicial Power And The "Arising Under" Jurisdiction Of The Federal Courts: A Hierarchical Analysis, Alan D. Hornstein
Federalism, Judicial Power And The "Arising Under" Jurisdiction Of The Federal Courts: A Hierarchical Analysis, Alan D. Hornstein
Indiana Law Journal
No abstract provided.
United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis
United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis
West Virginia Law Review
No abstract provided.
Commentary--Funding The Federal Judiciary, John M. Slack
Commentary--Funding The Federal Judiciary, John M. Slack
West Virginia Law Review
No abstract provided.
Essays From The Bench (Introduction), Eugene A. Wright
Essays From The Bench (Introduction), Eugene A. Wright
Indiana Law Journal
Colloquium: The Federal Judiciary: Essays from the Bench
The Proposed National Court Of Appeals: A Threat To Judicial Symmetry, Luther M. Swygert
The Proposed National Court Of Appeals: A Threat To Judicial Symmetry, Luther M. Swygert
Indiana Law Journal
Symposium: Problems of the Federal Judiciary: A View from the Bench
Introduction: A View From The Bench, Jesse E. Eschbach
Introduction: A View From The Bench, Jesse E. Eschbach
Indiana Law Journal
Symposium: Problems of the Federal Judiciary: A View from the Bench
Recent Proposals And Legislative Efforts To Limit Three-Judge Court Jurisdiction, Sidney B. Jacoby
Recent Proposals And Legislative Efforts To Limit Three-Judge Court Jurisdiction, Sidney B. Jacoby
Case Western Reserve Law Review
No abstract provided.
What Has The Supreme Court Taught: A Criticism Of The Unites States Supreme Court By Way Of A Critique Of Lance V. The Board Of Education Of Roane County, James Audley Mclaughlin
What Has The Supreme Court Taught: A Criticism Of The Unites States Supreme Court By Way Of A Critique Of Lance V. The Board Of Education Of Roane County, James Audley Mclaughlin
West Virginia Law Review
The subway fare in New York City was recently raised to thirty cents. Incensed citizens immediately declared they would go to court and have the increase declared unconstitutional. "Unconstitutional" and "constitutional rights" have become the watchwords of political protestors and reformers. Moreover, their political forum is often a court of law. Who taught the nation this rhetoric, this mode of action, and this attitude toward law, law reform, and politics? The Supreme Court of the United States. Has the Court deliberately taught this doctrine? No, nor is it apparently even conscious of what it has unwittingly done. It is important …
The Supreme Court And Political Question: Affirmation Or Abdication?, Ralph J. Bean Jr.
The Supreme Court And Political Question: Affirmation Or Abdication?, Ralph J. Bean Jr.
West Virginia Law Review
No abstract provided.
The High Court: Final...But Fallible, Ovid C. Lewis
The High Court: Final...But Fallible, Ovid C. Lewis
Case Western Reserve Law Review
No abstract provided.