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Articles 2611 - 2640 of 3527

Full-Text Articles in Courts

Breard And The Federal Power To Require Compliance With Icj Orders Of Provisional Measures, Carlos Manuel Vázquez Jan 1998

Breard And The Federal Power To Require Compliance With Icj Orders Of Provisional Measures, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Among the puzzling aspects of the Breard episode was the Clinton administration's claim that the decision whether or not to comply with the Order of the International Court of Justice requiring the postponement of Breard's execution lay exclusively in the hands of the Governor of Virginia. The ICJ's Order provided that"[t]he United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings." The Clinton administration argued that the Order was not binding, but it also took the position that, even if the order were binding, …


Night And Day: Coeur D’Alene, Breard, And The Unraveling Of The Prospective-Retrospective Distinction In Eleventh Amendment Doctrine, Carlos Manuel Vázquez Jan 1998

Night And Day: Coeur D’Alene, Breard, And The Unraveling Of The Prospective-Retrospective Distinction In Eleventh Amendment Doctrine, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The Supreme Court's decision in Edelman v. Jordan has been read to establish a distinction between suits seeking prospective relief from a state official's violation of federal law (which are not barred by the Eleventh Amendment under Ex parte Young) and suits seeking retrospective relief from the state (which are barred by the Eleventh Amendment, even if the officer is the defendant). Commentators and the lower courts have long had difficulty understanding and applying the distinction. Until recently, the principal effect of the Edelman line of cases has been to bar suits seeking damages and similar monetary relief from …


Judicial Exclusivity And Political Instability, Neal Devins, Louis Fisher Jan 1998

Judicial Exclusivity And Political Instability, Neal Devins, Louis Fisher

Faculty Publications

No abstract provided.


The Future Of Physician-Assisted Suicide, Yale Kamisar Jan 1998

The Future Of Physician-Assisted Suicide, Yale Kamisar

Articles

I believe that when the Supreme Court handed down its decisions in 1997 in Washington v. Glucksberg and Vacca v. Quill, proponents of physician-assisted suicide (PAS) suffered a much greater setback than many of them are able or willing to admit.


Truth And Its Rivals In The Law Of Hearsay And Confrontation (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law)." , Richard D. Friedman Jan 1998

Truth And Its Rivals In The Law Of Hearsay And Confrontation (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law)." , Richard D. Friedman

Articles

In this paper, I will look at the problem of hearsay and confrontation through the lens offered by this symposium's theme of "truth and its rivals." I will ask: To what extent does the law of hearsay and confrontation aspire to achieve the goal of truth in litigation? To what extent does it, or should it, seek to achieve other goals, or to satisfy other constraints on the litigation system? And, given the ends that it seeks to achieve, what should the shape of the law in this area be? My principal conclusions are as follows: In most settings, the …


Section 1500 And The Jurisdictional Pitfalls Of Federal Government Litigation , Paul Frederic Kirgis Dec 1997

Section 1500 And The Jurisdictional Pitfalls Of Federal Government Litigation , Paul Frederic Kirgis

American University Law Review

No abstract provided.


Inequities Of The Drug War: Legislative Discrimination On The Cocaine Battlefield, Andrew N. Sacher Dec 1997

Inequities Of The Drug War: Legislative Discrimination On The Cocaine Battlefield, Andrew N. Sacher

Cardozo Law Review

No abstract provided.


Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr. Nov 1997

Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr.

BYU Law Review

No abstract provided.


The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins Oct 1997

The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins

Popular Media

No abstract provided.


The Uniform Commercial Code Meets The Seventh Amendment: The Demise Of Jury Trials Under Article 5?, Margaret L. Moses Jul 1997

The Uniform Commercial Code Meets The Seventh Amendment: The Demise Of Jury Trials Under Article 5?, Margaret L. Moses

Indiana Law Journal

No abstract provided.


Justices At Work: An Introduction, Michel Rosenfeld May 1997

Justices At Work: An Introduction, Michel Rosenfeld

Cardozo Law Review

"Justices at Work," a day long conference which took place on September 19, 1995 at the Benjamin N. Cardozo School of Law, brought together Justices and constitutional scholars from seven different countries to consider a hypothetical constitutional case dealing with fundamental rights. This issue of the Law Review includes the facts of the hypothetical case, the applicable hypothetical statute, the briefs submitted to the International Moot Courtall of which were the product of a collaborative effort among the seven scholars involved-as well as a transcript of the proceedings and of the deliberations of the seven Justices: Justice Ruth Bader Ginsburg …


The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher Mar 1997

The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher

Michigan Law Review

Like it or not, the attack on "bizarrely" shaped majority-minority electoral districts is now firmly underway. Nearly four years have passed since the Supreme Court first announced in Shaw v. Reno that a state's redistricting plan that is "so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races for purposes of voting" may violate the Equal Protection Clause. Such a district, the Court held, reinforces racial stereotypes, carries us further from the goal of a political system in which race no longer matters, and "threatens to undermine our system of …


It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein Jan 1997

It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat Jan 1997

Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat

Touro Law Review

No abstract provided.


A Note To Our Readers Jan 1997

A Note To Our Readers

Touro Law Review

No abstract provided.


Court Of Appeals Ballentine V. Koch (Decided October 22, 1996) Jan 1997

Court Of Appeals Ballentine V. Koch (Decided October 22, 1996)

Touro Law Review

No abstract provided.


Gift Or Loan Of State Money, Court Of Appeals Gagliardo V. Dinkins Jan 1997

Gift Or Loan Of State Money, Court Of Appeals Gagliardo V. Dinkins

Touro Law Review

No abstract provided.


Right To Trial By Jury, Court Of Appeals People V. Page Jan 1997

Right To Trial By Jury, Court Of Appeals People V. Page

Touro Law Review

No abstract provided.


Right To Trial By Jury, Supreme Court, Appellate Division Fourth Department People V. Perkins Jan 1997

Right To Trial By Jury, Supreme Court, Appellate Division Fourth Department People V. Perkins

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Appellate Division Second Department People V. Hendricks Jan 1997

Self-Incrimination, Supreme Court, Appellate Division Second Department People V. Hendricks

Touro Law Review

No abstract provided.


The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur Jan 1997

The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur

UIC Law Review

No abstract provided.


No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton Jan 1997

No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton

UIC Law Review

No abstract provided.


Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher Jan 1997

Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher

UIC Law Review

No abstract provided.


Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler Jan 1997

Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler

UIC Law Review

No abstract provided.


An Analysis Of People, For Michigan Republic, Ex Rel V. State Of Michigan, 30 J. Marshall L. Rev. 937 (1997), Phillip A. Hendges Jan 1997

An Analysis Of People, For Michigan Republic, Ex Rel V. State Of Michigan, 30 J. Marshall L. Rev. 937 (1997), Phillip A. Hendges

UIC Law Review

No abstract provided.


"Doubts About Our Processes": Richard D. Simons And The Jurisprudence Of Restraint In State Constitutional Analysis, David E. Mccraw Jan 1997

"Doubts About Our Processes": Richard D. Simons And The Jurisprudence Of Restraint In State Constitutional Analysis, David E. Mccraw

Touro Law Review

No abstract provided.


Search And Seizure, Court Of Appeals, People V. Gonzalez Jan 1997

Search And Seizure, Court Of Appeals, People V. Gonzalez

Touro Law Review

No abstract provided.


Self-Incrimination, Court Of Appeals People V. Siegel Jan 1997

Self-Incrimination, Court Of Appeals People V. Siegel

Touro Law Review

No abstract provided.


Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham Jan 1997

Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham

Michigan Journal of Race and Law

As South Africa emerges from the vestiges of apartheid, its Constitutional Court struggles to develop a jurisprudence that reflects the lasting ideals of a constitutional democracy. This Article examines the Court's use of international and foreign law in developing a unique form of constitutional jurisprudence. It argues that the Constitutional Court is in the process of developing an innovative form of decision-making that effectively combines domestically derived principles of justice with those developed in the international forum. This Article concludes that reliable methods of adjudication are firmly entrenched in the South African legal system and that its constitutional jurisprudence should …


Things Judges Do: State Statutory Interpretation, Judith S. Kaye Jan 1997

Things Judges Do: State Statutory Interpretation, Judith S. Kaye

Touro Law Review

No abstract provided.