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Articles 1 - 15 of 15
Full-Text Articles in Law
"On Certiorari To The Ninth Circuit Court Of Appeals": The Supreme Court's Review Of Ninth Circuit Cases During The October 2006 Term, Jessica L. Hannah, Kevan P. Mclaughlin
"On Certiorari To The Ninth Circuit Court Of Appeals": The Supreme Court's Review Of Ninth Circuit Cases During The October 2006 Term, Jessica L. Hannah, Kevan P. Mclaughlin
Golden Gate University Law Review
Whether reversed, affirmed, vacated, or remanded, a review of the interaction between the two courts over twenty-two cases reveals several fundamental differences between the two courts on key issues. This Comment examines these differences by exploring twenty of those decisions and how they illustrate the relationship between the Ninth Circuit and Supreme Court. Part I examines the decisions that arose from the Supreme Court's review of Ninth Circuit decisions. Part II ties these decisions and conclusions into a larger motif emerging between the Ninth Circuit and Supreme Court, and Part III ultimately concludes that the future is likely to continue …
Nepa In The Hot Seat: A Proposal For An Office Of Environmental Analysis, Aliza M. Cohen
Nepa In The Hot Seat: A Proposal For An Office Of Environmental Analysis, Aliza M. Cohen
University of Michigan Journal of Law Reform
Judicial deference under the National Environmental Policy Act (NEPA) can be problematic. It is a well-established rule of administrative law that courts will grant a high degree of deference to agency decisions. They do this out of respect for agency expertise and policy judgment. This deference is applied to NEPA lawsuits without acknowledging the special pressures that agencies face while assessing the environmental impacts of their own projects. Though there is a strong argument that these pressures undermine the reasons for deferential review, neither the statute nor the courts have provided plaintiffs with adequate means to remedy this problem. Agency …
Oregon Natural Resources Council V. Thomas; Another "Meritorious" Timber Lawsuit Fails: Do Substantive Riders Warrant An Exception To The Plain Language Rule?, Julie A. Coldicott
Oregon Natural Resources Council V. Thomas; Another "Meritorious" Timber Lawsuit Fails: Do Substantive Riders Warrant An Exception To The Plain Language Rule?, Julie A. Coldicott
Golden Gate University Law Review
This note provides a brief background to the Rescissions Act, outlines the Act's provisions and examines the Ninth Circuit Court's decisions interpreting these provisions prior to Oregon Natural Resources Council v. Thomas. Section III sets forth the facts and procedural history of ONRC II, the most recent meritorious lawsuit to fall victim to the provisions of the Rescissions Act. Section IV examines the Ninth Circuit Court's analysis and holding in ONRC II. Section V argues that although the Ninth Circuit's decision in ONRC II was correct under current standards, the result was fundamentally wrong. Section V also examines the rules …
Adminsitrative Law, Lynne Avakian
Adminsitrative Law, Lynne Avakian
Golden Gate University Law Review
No abstract provided.
Panel: Judicial Review And Constitutional Limitations
Panel: Judicial Review And Constitutional Limitations
Golden Gate University Law Review
The Constitutional Law Panel of the NAWJ brought together distinguished theoreticians and practitioners of judicial review. Deans Choper and Ely presented abbreviated versions of their recently published theories on the legitimacy of judicial review in a democratic society. Justice Abrahamson and Judge Wald responded with observations on the practical applications of state and federal constitutional principles to the cases they must adjudicate daily.
Inferiorizing Judicial Review: Popular Constitutionalism In Trial Courts, Ori Aronson
Inferiorizing Judicial Review: Popular Constitutionalism In Trial Courts, Ori Aronson
University of Michigan Journal of Law Reform
The ongoing debates over the legitimacy of judicial review-the power of courts to strike down unconstitutional statutes-as well as the evolving school of thought called "popular constitutionalism, " are characterized by a preoccupation with the Supreme Court as the embodiment of judicial power This is a striking shortcoming in prevailing constitutional theory, given the fact that in the United States, inferior courts engage in constitutional adjudication and in acts of judicial review on a daily basis, in ways that are importantly different from the familiar practices of the Supreme Court. The Article breaks down this monolithic concept of "the courts" …
Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance
Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance
Michigan Telecommunications & Technology Law Review
A widespread perception among the patent law community is that the patent system would be more effective if judges with technical backgrounds and patent law experience decided patent disputes. Proponents believe that if judges all had similar baseline knowledge of technological analysis, there would be more consistency in decision-making, leading to more predictability for parties. Some district courts have unofficially become semi-specialized in patent law disputes, and Congress is debating whether to institute a more formalized Patent Pilot Program in which district court judges specialize in patent law cases. This Note joins the debate and examines patent law cases at …
Bric In The International Merger Review Edifice, Terry Calvani, Karen Alderman
Bric In The International Merger Review Edifice, Terry Calvani, Karen Alderman
Cornell International Law Journal
No abstract provided.
Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso
Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso
West Virginia Law Review
No abstract provided.
Judicial Review Under A British War Powers Act, David Jenkins
Judicial Review Under A British War Powers Act, David Jenkins
Vanderbilt Journal of Transnational Law
This Article considers how U.K courts might exercise review under a hypothetical British "war powers act," in the event that the current Labour Government or an incoming Tory one responds to calls to reform the Royal War Prerogative and Parliament passes such a statute. The Article undertakes a comparative study, analyzing how U.S. courts apply the political question doctrine in war powers cases. It suggests that they apply the doctrine in a way that assesses the justiciability of the particular subject matter of a case, thereby supporting deference to the political branches in most war powers cases without foreclosing review …
Freedom, Finality, And Federal Preemption: Seeking Expanded Judicial Review Of Arbitration Awards Under State Law After Hall Street, Brian T. Burns
Freedom, Finality, And Federal Preemption: Seeking Expanded Judicial Review Of Arbitration Awards Under State Law After Hall Street, Brian T. Burns
Fordham Law Review
When the U.S. Supreme Court decided Hall Street Associates, L.L.C. v. Mattel, Inc. in March 2008, the Court held that under the Federal Arbitration Act (FAA), parties to an arbitration agreement may not contractually expand the grounds for judicial review of an arbitration award beyond the grounds enumerated in the FAA. In dicta, however, the Court expressly left open the possibility that parties nonetheless may obtain expanded review by relying on state arbitration law, rather than the FAA. This Note examines the availability of contractually expanded review under state law and addresses the question of whether, in light of Hall …
Is The United States Tax Court Exempt From Administrative Law Jurisprudence When Acting As A Reviewing Court , Diane L. Fahey
Is The United States Tax Court Exempt From Administrative Law Jurisprudence When Acting As A Reviewing Court , Diane L. Fahey
Cleveland State Law Review
Commentators have argued that the Tax Court should fill in the gaps in its statutory authority for collection due process appeals by turning to traditional administrative law jurisprudence, including the APA, which suggestion the Tax Court has resisted despite the fact that the federal district court did so. The majority of the Tax Court insists that it has never been subject to administrative law jurisprudence or the APA, nor could it be. Most of the courts of appeals that have considered the issue have held that the Tax Court is bound by the APA and traditional administrative law jurisprudence when …
Irreconcilable Deferences - The Troubled Marriage Of Judicial Review Standards Under The Steelworkers Trilogy And The Federal Arbitration Act, Michael H. Leroy
Irreconcilable Deferences - The Troubled Marriage Of Judicial Review Standards Under The Steelworkers Trilogy And The Federal Arbitration Act, Michael H. Leroy
Journal of Dispute Resolution
To explore the ramifications of this hybrid, labor-employment discrimination award, I ask what standards would a court apply to review an arbitrator's ruling. The Steelworker's Trilogy-three Supreme Court decisions that explain to courts how to review awards under section 301 of the Labor-Management Relations Act-pronounce deferential standards. But until now, individual employment awards have typically been reviewed under section 10 of the Federal Arbitration Act (FAA) or state law equivalents. My research on labor awards and individual employment awards show that courts do not behave the same under these different regimes. They enforce about seventy-two percent of labor awards, but …
Arbitration Nation: While Arbitration Grows, Judicial Review Of Arbitral Awards May Be Shrinking, F. Shabnam Nouraie
Arbitration Nation: While Arbitration Grows, Judicial Review Of Arbitral Awards May Be Shrinking, F. Shabnam Nouraie
Journal of Dispute Resolution
In Sands v. Menard, Inc., the Court of Appeals of Wisconsin upheld an arbitration award reinstating a discharged attorney to her position as in-house counsel. On appeal, the court refused to vacate the reinstatement order, notwithstanding the fact that reinstatement was not requested or desired by either party, the effect of reinstatement was likely to violate the ethical rules that bind attorneys, and other remedies were available to compensate the aggrieved party. This note explores the limited but important role that judicial review plays, and will continue to play, in arbitration and how this role affected the outcome of Sands …
Pleading With Congress To Resist The Urge To Overrule Twombly And Iqbal, Michael R. Huston
Pleading With Congress To Resist The Urge To Overrule Twombly And Iqbal, Michael R. Huston
Michigan Law Review
In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court changed the rhetoric of the federal pleading system. Those decisions have been decried by members of the bar, scholars, and legislators as judicial activism and a rewriting of the Federal Rules of Civil Procedure. Such criticism has led members of both houses of Congress to introduce legislation to overrule the decisions and return to some variation of the "notice pleading" regime that existed before Twombly. This Note argues that both of the current proposals to overrule Twombly and Iqbal should be rejected. Although the bills take different …