Courts Commons^™

Debating The Constitution, 1787-1788: "This Plan Is Only Recommended', Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.

The Wind River Litigation: Quantification And Implementation, Gordon W. Fassett

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

19 pages.

The Wind River Litigation: Effects Of The Wyoming Supreme Court’S Decision On The Wind River Reservation’S Water Use And Implications For Other Reservations’ Water Rights, David M. Dornbusch

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.

Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.

Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements; financing; mineral …

Taxation In Indian Country, Richard B. Collins

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.

The Process Of Decision-Making In Tribal Courts, Tom Tso

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.

Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich

Touro Law Review

No abstract provided.

Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby

UIC Law Review

No abstract provided.

Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association

Touro Law Review

No abstract provided.

Appellate Practice In The Second Circuit Court Of Appeals, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

The Work Of The Federal Courts, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56

Court Conferences and Events

No abstract provided.

Dedication Of The James T. Foley United States Courthouse, Roger J. Miner '56

Judges

No abstract provided.

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.

The Surrogate Responds: The Need For Reform In Adoption Proceedings, C. Raymond Radigan

Touro Law Review

No abstract provided.

Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas C. Arthur

Faculty Articles

This Article will demonstrate the superiority of the statutory approach for producing more stable and consistent antitrust law. Part I details the development of the constitutional approach to antitrust, demonstrating how the rise of the pragmatic and instrumentalist view of law led to the displacement of the original statutory approach to antitrust. Part II illustrates that the constitutional approach fundamentally cannot produce workable antitrust law. It summarizes both the doctrinal disarray that continues to plague each major area of antitrust law and the irreconcilable policy prescriptions of the contending antitrust "schools." Part III presents an alternative, statutory approach to antitrust …

Comments On Professor Rotunda's Essay, Richard H. Underwood

Law Faculty Scholarly Articles

In this comment, Professor Richard H. Underwood provides a response to An Essay on the Constitutional Parameters of Federal Impeachment, by Professor Ronald D. Rotunda. Rotunda’s essay was published in the Kentucky Law Journal, Vol. 76, No. 3, pp. 707-732.

A Distorted Mirror: The Supreme Court's Shimmering View Of Summary Judgment, Directed Verdict, And The Value Of Adjudication, Jeffrey W. Stempel

Scholarly Works

As almost anyone alive during the past decade knows, this is the era of the ‘litigation explosion,’ or there is at least the perception that a litigation explosion exists. Although all agree that the absolute number of lawsuits has increased in virtually every corner of the state and federal court systems, there exists vigorous debate about whether the increase is unusual in relative or historical terms and even more vigorous debate about whether the absolute increase in cases symbolizes the American concern for fairness and justice or represents a surge in frivolous or trivial disputes needlessly clogging the courts. As …

An Empirical Case Study Of Informal Alternative Dispute Resolution, Ronald J. Bacigal

Law Faculty Publications

The following Article is taken from that portion of Merhige's biography that addresses the Westinghouse uranium case of the 1970s, perhaps the first of the major "complex cases" to attract national attention. This case study provides an opportunity to examine a judicial decision making process involving four years of litigation, international discovery proceedings, judicial administrative guidelines, diverse national precepts of economics and politics, the interplay between the free market and multinational cartels and embargoes, and lastly, the personality of the trial judge. Shunning any pretense of passivity, Merhige initiated proceedings in the Westinghouse case by ignoring administrative protocol in order …

Taking The Framers Seriously, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This article reviews Taking the Constitution Seriously by Walter Berns (1987).

This review focuses on three of the key historical points that Walter Berns makes: his arguments that the Declaration of Independence is a Lockean document; that the Constitution encapsulates the political philosophy of the Declaration; and that the framers viewed the commercialization of society as a salutary development and were unambivalent champions of the right to property. Examination of these issues suggests that the ideological universe of the framers was far more complex than Berns indicates. While the revolutionary era witnessed a new concern with individual rights and a …

Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein

Touro Law Review

No abstract provided.

The Relevance Of Administrative Considerations In The Judicial Decisionmaking Process: A Kantian Perspective, Edward D. Cavanagh

Faculty Publications

(Excerpt)

This essay examines and analyzes the role of administrative considerations in the judicial decisionmaking process. The central issue is the extent to which administrative factors, such as concerns for efficiency, minimization of complexity, ease of proof, consistency of holdings, and predictability of future decisions, may be properly taken into account by courts in rendering decisions and weighed against rights granted under substantive law. Put another way, the question presented is: To what extent may a court invoke administrative considerations to reach a result different from what otherwise would be the just solution? The analysis will proceed in two steps. …

The Compelling Case Against Robert H. Bork, Stephen Gillers

Cardozo Law Review

No abstract provided.

Balance Favoring Restraint, Richard D. Friedman

Cardozo Law Review

No abstract provided.

Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer

Cardozo Law Review

No abstract provided.

Correspondence: Correspondence Between Rjm And The Association Of The Bar Of The City Of New York, Roger J. Miner '56

Committees

No abstract provided.

Press Release – Constitutional Convention Weekly News Poster, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.

Repositioning Arizona Lands, D. Dean Bibles

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

10 pages.