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Articles 2641 - 2670 of 3114
Full-Text Articles in Courts
The Politics Of Crisis In The Federal Courts, Lauren K. Robel
The Politics Of Crisis In The Federal Courts, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
More Women Named Federal Judges, Carl W. Tobias
More Women Named Federal Judges, Carl W. Tobias
Law Faculty Publications
The essay initially assesses information pertinent to President Bush's record of appointments to the federal bench during his first three years in office. The prospects for future appointment of women are explored next. Finding these prospects inconclusive, this essay suggests that President Bush continue employing the constructive measures initiated during his administration's third year to name additional women while seriously considering the possibility of instituting even more vigorous efforts to appoint women in the future. Finally, the essay examines why greater numbers of women should be placed on the federal courts and how that goal can be attained.
Judicial Discretion And The 1983 Amendments To The Federal Civil Rules, Carl W. Tobias
Judicial Discretion And The 1983 Amendments To The Federal Civil Rules, Carl W. Tobias
Law Faculty Publications
The first section of this Article briefly describes the developments which created the perception that the federal courts were experiencing a litigation explosion and which ultimately led to the promulgation of the 1983 amendments as one response to the perceived explosion. It also examines the substantive content of those changes, especially how the revisions enlarged federal judicial discretion. The second section evaluates the courts' implementation of the 1983 amendments and finds that this application has adversely affected numerous litigants, particularly civil rights plaintiffs, while providing some benefits, namely fostering more expeditious dispute resolution.
The third section provides suggestions for the …
Specialized Courts In Administrative Law, Harold H. Bruff
Specialized Courts In Administrative Law, Harold H. Bruff
Publications
No abstract provided.
Citizenship And Scholarship (Review Essay), George Kannar
Citizenship And Scholarship (Review Essay), George Kannar
Book Reviews
Review of Robert H. Bork, The Tempting of America: The Political Seduction of the Law (1990); Ethan Bronner, Battle for Justice: How the Bork Nomination Shook America (1989); Michael Pertschuk & Wendy Schaetzel, The People Rising: The Campaign Against the Bork Nomination (1989); Patrick B. mcGuigan & Dawn M. Weyrich, Ninth Justice: The Battle for Bork (1990).
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
Selecting Law Clerks, Patricia M. Wald
Selecting Law Clerks, Patricia M. Wald
Michigan Law Review
April may indeed have been "the cruellest month" this year for federal judges and their prospective clerks. For a decade now, federal judges have been trying - largely without success - to conduct a dignified, collegial, efficient law clerk selection process. Because each federal judge has only to choose two to three clerks each year, and there is a large universe of qualified applicants graduating each year from our law schools, this would not seem an insurmountable task. And because each federal judge has choice first-year positions to offer and has no need or ability to dicker on salary or …
Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars
Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
31 pages (includes illustrations).
Contains references.
Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.
Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.
The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …
Electronic Media Access To Federal Courtrooms: A Judicial Response, Laralyn M. Sasaki
Electronic Media Access To Federal Courtrooms: A Judicial Response, Laralyn M. Sasaki
University of Michigan Journal of Law Reform
This Note examines the ongoing electronic media access dispute and suggests methods to establish access. Because reform of current law would be implemented largely at the judicial "front lines"-the 700-plus U.S. district judges' courtrooms ---the concerns and desires of district judges are of primary importance to any proposed change. The survey documented an institutional resistance to an expanded media presence in federal courtrooms; this institutional inertia may be the strongest single reason that change has not occurred. Part I of this Note presents the federal rules, canons, and resolutions comprising the current prohibition against video and audio-equipment access, as well …
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …
The Copyrightability Of Useful Articles: The Second Circuit's Resistance To Conceptual Separability, Sally M. Donahue
The Copyrightability Of Useful Articles: The Second Circuit's Resistance To Conceptual Separability, Sally M. Donahue
Touro Law Review
No abstract provided.
Construction On The Road To Recovery: New York Limits Loss Of Enjoyment Of Life, Bonnie Sue Goodman
Construction On The Road To Recovery: New York Limits Loss Of Enjoyment Of Life, Bonnie Sue Goodman
Touro Law Review
No abstract provided.
Retrospective Justification, Jeffrey Malkan
Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr.
Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr.
UIC Law Review
No abstract provided.
Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer
Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer
UIC Law Review
No abstract provided.
A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli
A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli
UIC Law Review
No abstract provided.
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Law Practice
No abstract provided.
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
State Crime In The Federal Forum, Roger J. Miner '56
State Crime In The Federal Forum, Roger J. Miner '56
Criminal Law
No abstract provided.
A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli
A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli
UIC Law Review
No abstract provided.
Memorial Service: Judge James T. Foley, Roger J. Miner '56
Memorial Service: Judge James T. Foley, Roger J. Miner '56
Judges
No abstract provided.
Caseload And Judging: Judicial Adaptations To Caseload, Lauren K. Robel
Caseload And Judging: Judicial Adaptations To Caseload, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace
The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace
Touro Law Review
No abstract provided.
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
Touro Law Review
No abstract provided.
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Touro Law Review
No abstract provided.
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Touro Law Review
No abstract provided.