Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Judges (72)
- Courts (34)
- Jurisprudence (20)
- Constitutional Law (18)
- Legal Profession (15)
-
- Law and Society (13)
- Civil Rights and Discrimination (12)
- Criminal Law (12)
- Dispute Resolution and Arbitration (11)
- Public Law and Legal Theory (9)
- Criminal Procedure (8)
- Fourteenth Amendment (8)
- Legal Education (8)
- Litigation (8)
- First Amendment (7)
- Jurisdiction (7)
- Legal History (7)
- Comparative and Foreign Law (6)
- Law and Economics (6)
- Legal Ethics and Professional Responsibility (6)
- Civil Law (5)
- International Law (5)
- Law and Politics (5)
- Human Rights Law (4)
- Law and Race (4)
- Rule of Law (4)
- Civil Procedure (3)
- Conflict of Laws (3)
- Contracts (3)
- Institution
-
- SelectedWorks (26)
- Selected Works (21)
- Roger Williams University (7)
- University of Missouri School of Law (7)
- The University of Akron (4)
-
- Vanderbilt University Law School (4)
- St. Mary's University (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- American University Washington College of Law (2)
- Chicago-Kent College of Law (1)
- Duke Law (1)
- Florida International University College of Law (1)
- George Washington University Law School (1)
- Macalester College (1)
- Maurer School of Law: Indiana University (1)
- Northwestern Pritzker School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Baltimore (1)
- University of Maine School of Law (1)
- University of Miami Law School (1)
- University of Richmond (1)
- University of South Carolina (1)
- Valparaiso University (1)
- Washington and Lee University School of Law (1)
- Publication
-
- Adam Lamparello (6)
- Journal of Dispute Resolution (6)
- Akron Law Review (4)
- Law School Blogs (4)
- Curtis E.A. Karnow (3)
-
- Faculty Articles (3)
- Wayne Brazil (3)
- Articles in Law Reviews & Other Academic Journals (2)
- Faculty Publications (2)
- Life of the Law School (1993- ) (2)
- Touro Law Review (2)
- Ursula Bentele (2)
- Vanderbilt Journal of Transnational Law (2)
- All Faculty Scholarship (1)
- Anne Wallace Professor (1)
- Articles by Maurer Faculty (1)
- Brian Farkas (1)
- Catholic University Law Review (1)
- Christian J Bromley (1)
- D. Theodore Rave (1)
- Dalhousie Law Journal (1)
- David Lieberman (1)
- Douglas C. Hay (1)
- Faculty Scholarship (1)
- Fatma E Marouf (1)
- GW Law Faculty Publications & Other Works (1)
- Giuseppina D'Agostino (1)
- Harold J. Krent (1)
- Huhnkie Lee (1)
- Jaimie K. McFarlin (1)
- Publication Type
- File Type
Articles 1 - 30 of 93
Full-Text Articles in Law
Newsroom: Yelnosky On Diversifying State Judiciary, Roger Williams University School Of Law
Newsroom: Yelnosky On Diversifying State Judiciary, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Hosting Settlement Conferences: Effectiveness In The Judicial Role, Wayne Brazil
Hosting Settlement Conferences: Effectiveness In The Judicial Role, Wayne Brazil
Wayne Brazil
No abstract provided.
The Honorable William W. Schwarzer: Elevating Visions Of What A Judge Should Be, Wayne Brazil
The Honorable William W. Schwarzer: Elevating Visions Of What A Judge Should Be, Wayne Brazil
Wayne Brazil
No abstract provided.
American State Supreme Court Justices, 1900-1970, Robert Kagan, Bobby Infelise, Robert Detlefson
American State Supreme Court Justices, 1900-1970, Robert Kagan, Bobby Infelise, Robert Detlefson
Robert Kagan
No abstract provided.
For Judges: Suggestions About What To Say About Adr At Case Management Conferences--And How To Respond To Concerns Or Objections Raised By Counsel, Wayne Brazil
Wayne Brazil
No abstract provided.
Roe V. Wade: The Case That Changed Democracy, Adam Lamparello
Roe V. Wade: The Case That Changed Democracy, Adam Lamparello
Adam Lamparello
No abstract provided.
Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata
Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata
University of Miami International and Comparative Law Review
No abstract provided.
Creating Legal Doctrine, Edward L. Rubin, Malcolm Feeley
Creating Legal Doctrine, Edward L. Rubin, Malcolm Feeley
Malcolm Feeley
No abstract provided.
Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida
Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida
Law School Blogs
No abstract provided.
Rights Without Remedies, Adam Lamparello
Rights Without Remedies, Adam Lamparello
Adam Lamparello
The Court should modify the standing doctrine in some contexts for the same reason that, in Shelby County, it invalidated two provisions of the Voting Rights Act: the legislature cannot and will not fix the problem. No legal doctrine should be applied without examining whether elected representatives are capable of remedying specific harms and accounting for the relative unfairness in democratic governance. When the traditional standing requirements are rigidly applied without considering these factors, the Court undermines the separation of powers and prevents sound judicial decision-making. In essence, rigid application of the standing doctrine sends a message to litigants …
Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes A Huge Success!, Brittani Mulholland
Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes A Huge Success!, Brittani Mulholland
Law School Blogs
No abstract provided.
Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent
Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent
All Faculty Scholarship
ABSTRACT
The Illinois Appellate Court in Draper & Kramer v. King reversed a court ordered eviction on the ground that the tenant likely did not appreciate that she had agreed in a settlement to vacate her residence in addition to paying arrears on rent. In the chaotic environment of eviction court proceedings, tenants too often pledge paying back rent without realizing that, at the same time, they have agreed to be evicted and that the court ordered eviction will follow them for the rest of their lives. In Chicago, at least, the potential for confusion is enhanced because the agreed …
2015 Esther Clark Moot Court Competition: Finals, Roger Williams University School Of Law
2015 Esther Clark Moot Court Competition: Finals, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Tradition, Judges, And Civil Liberties In Canada, Douglas Hay
Tradition, Judges, And Civil Liberties In Canada, Douglas Hay
Douglas C. Hay
Comments on the role of the first chief justice of Upper Canada, William Osgoode (1754-1824), on shaping the law during a period of "counter-revolutionary and anti-democratic repression throughout the British Empire." Concludes that laws were often presented as emergency legislation that nevertheless effectively became permanent, challenging civil liberties in times of political or social conflict
Advocacy Skills And Ip: Observations From The Bench, Roger Hughes, Giuseppina D'Agostino
Advocacy Skills And Ip: Observations From The Bench, Roger Hughes, Giuseppina D'Agostino
Giuseppina D'Agostino
Justice Roger T. Hughes of the Federal Court of Canada shares his experience and talks about the process a judge goes through in arriving at a judgment.
Trending @ Rwulaw: Judge William E. Smith's Post: Rwu Law & The Federal Courts: A Unique Partnership, William E. Smith
Trending @ Rwulaw: Judge William E. Smith's Post: Rwu Law & The Federal Courts: A Unique Partnership, William E. Smith
Law School Blogs
No abstract provided.
Daubert Debunked: A History Of Legal Retrogression A History Of Legal Retrogression And The Need To Reassess ‘Scientific Admissibility’, Barbara P. Billauer Esq
Daubert Debunked: A History Of Legal Retrogression A History Of Legal Retrogression And The Need To Reassess ‘Scientific Admissibility’, Barbara P. Billauer Esq
barbara p billauer esq
Abstract: With ‘novel’ scientific discoveries accelerating at an unrelenting pace, the need for accessible and implementable standards for evaluating the legal admissibility of scientific evidence becomes more and more crucial. As science changes, legal standards for evaluating ‘novel’ science must be plastic enough to respond to fast-moving changes. This, ostensibly, was the Daubert objective. Since it was decided in 1993, however, Daubert’s impact has been hotly contested -- with plaintiffs and defendants each claiming the decision unfairly favors the other side. New approaches are constantly suggested to deal with the perceived impact, although there is no uniform consensus of exactly …
Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine
Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine
Samuel J. Levine
Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part upon clear demarcations between the functions of different lawyers within the system. Broadly speaking, prosecutors have the distinct role of serving justice, which includes the duty to try to convict criminal defendants who are deserving of punishment, in a way that is consistent with both substantive and procedural justice. In contrast, private attorneys have a duty to zealously represent the best interests of their clients, …
Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent
Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent
Harold J. Krent
ABSTRACT
The Illinois Appellate Court in Draper & Kramer v. King reversed a court ordered eviction on the ground that the tenant likely did not appreciate that she had agreed in a settlement to vacate her residence in addition to paying arrears on rent. In the chaotic environment of eviction court proceedings, tenants too often pledge paying back rent without realizing that, at the same time, they have agreed to be evicted and that the court ordered eviction will follow them for the rest of their lives. In Chicago, at least, the potential for confusion is enhanced because the agreed …
Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley
Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley
Christian J Bromley
The litigation surrounding an estimated 650,000 works looted by the Nazis in the Second World War and the millions of securitized mortgages foreclosed in the wake of the Great Recession converge on a fundamental legal principle: who really holds rightful title? Seemingly worlds apart, these separate yet remarkably similar forms of property challenge the American judiciary to allocate property rights between adversaries steadfast in their contention of rightful ownership. The legal fulcrum in this allocation often rests not on the equity or righteousness of either parties’ claim—whether museum versus heir or bank versus former homeowner—but instead on procedural defenses that …
“Not Reasonably Debatable”: The Problems With Single-Judge Decisions By The Court Of Appeals For Veterans Claims, James Ridgway
“Not Reasonably Debatable”: The Problems With Single-Judge Decisions By The Court Of Appeals For Veterans Claims, James Ridgway
James D. Ridgway
The U.S. Court of Appeals for Veterans Claims (CAVC) has statutory authority—unique among the federal appellate courts—to allow individual judges to decide appeals. As the CAVC completes the first quarter century of operations since its creation, this article examines the court’s use of this authority. Based upon two years of data developed and analyzed by the authors, this article concludes that outcome variance in single-judge decisions is a serious problem at the CAVC. Not only is there a substantial difference in the outcomes of appeals assigned to the different judges, but there are clear examples of decisions that violate the …
Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma E. Marouf
Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma E. Marouf
Fatma E Marouf
A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet the Board of Immigration Appeals (BIA) has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examining of the elements of the crime with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offense are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious …
The Judicial Duty To Scrutinize Legislation, Randy E. Barnett
The Judicial Duty To Scrutinize Legislation, Randy E. Barnett
Valparaiso University Law Review
No abstract provided.
The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi
The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi
Tonja Jacobi
Describing the justices of the Supreme Court as ‘liberals’ and ‘conservatives’ has become so standard—and the left-right division on the Court is considered so entrenched—that any deviation from that pattern is treated with surprise. Attentive Court watchers know that the justices are not just politicians in robes, deciding each case on a purely ideological basis. Yet the increasingly influential empirical legal studies literature assumes just that—that a left-right ideological dimension fully describes the Supreme Court. We show that there is a second, more legally-focused dimension of judicial decision-making. A continuum between legalism and pragmatism also divides the justices, in ways …
Obergefell V. Hodges: How The Supreme Court Should Have Ruled, Adam Lamparello
Obergefell V. Hodges: How The Supreme Court Should Have Ruled, Adam Lamparello
Adam Lamparello
In Obergefell, et al. v. Hodges, Justice Kennedy’s majority opinion legalizing same-sex marriage was based on “the mystical aphorisms of a fortune cookie,” and “indefensible as a matter of constitutional law.” Kennedy’s opinion was comprised largely of philosophical ramblings about liberty that have neither a constitutional foundation nor any conceptual limitation. The fictional opinion below arrives at the same conclusion, but the reasoning is based on equal protection rather than due process principles. The majority opinion holds that same-sex marriage bans violate the Equal Protection Clause because they: (1) discriminate on the basis of gender; (2) promote gender-based stereotypes; and …
Ice Skating Up Hill: Constitutional Challenges To Sec Administrative Proceedings, Thomas Glassman
Ice Skating Up Hill: Constitutional Challenges To Sec Administrative Proceedings, Thomas Glassman
Thomas S Glassman
Since the inception of the Dodd-Frank Act the Securities and Exchange Commission has come under fire for its increased use of administrative proceedings in adjudicating the agency’s enforcement actions. That criticism has come to several suits in federal court claiming constitutional challenges to the system generally and most recently, the Administrative Law Judges themselves. Until June of 2015, when Hill v. the SEC took place in federal court, the Government was unbeaten in when arguing against these constitutional challenges. Hill, however found that it was likely the SEC had hired their Administrative Law Judges unconstitutionally. The SEC Administrative Law Judges …
Analyzing Second Amendment Challenges: Getting Strict With Judges, Lauren Dwarika
Analyzing Second Amendment Challenges: Getting Strict With Judges, Lauren Dwarika
Touro Law Review
No abstract provided.
First Amendment - Does Media Coverage Influence The Outcome Of Judicial Decisions?, Bruce Fein, Rodney A. Smolla
First Amendment - Does Media Coverage Influence The Outcome Of Judicial Decisions?, Bruce Fein, Rodney A. Smolla
Rod Smolla
No abstract provided.
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Nathan M. Crystal
The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP). To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the …