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Articles 661 - 690 of 1656

Full-Text Articles in Courts

Contents Jan 2017

Contents

Tennessee Law Review

No abstract provided.


The Unreviewable Executive? National Security And The Limits Of Plenary Power, Shawn E. Fields Jan 2017

The Unreviewable Executive? National Security And The Limits Of Plenary Power, Shawn E. Fields

Tennessee Law Review

No abstract provided.


The Case Against Prudential Standing: Examining The Courts' Use Of Prudential Standing Before And After Lexmark, Kylie Chiseul Kim Jan 2017

The Case Against Prudential Standing: Examining The Courts' Use Of Prudential Standing Before And After Lexmark, Kylie Chiseul Kim

Tennessee Law Review

Through Lujan and Lexmark, Justice Scalia constructed one of his greatest legacies: a sound and manageable definition of standing. However, a threat to this legacy, prudential standing, persists after his death. Lujan defines standing-in simplified terms-as injury, causation, and redressability. Lexmark undermines prudential standing, which exceeds Lujan's definition of standing and which encompasses the rule against assertion of a generalized grievance, assertion of an interest outside the zone of interests protected by the law invoked, and assertion of the right of a third party. Despite these cases, lower courts continue to use prudential standing, confusing standing's definition. Arguing for a …


Editorial Board Jan 2017

Editorial Board

Tennessee Law Review

No abstract provided.


America First: Improving A Recalcitrant Immigration And Refugee Policy, M. Akram Faizer Jan 2017

America First: Improving A Recalcitrant Immigration And Refugee Policy, M. Akram Faizer

Tennessee Law Review

This paper will discuss the need for developed and mature democracies, such as the United States, to take in substantially more refugees and economic migrants in view of the demand surge for international migration and the obvious humanitarian imperative. It will then argue that this will not happen under the current paradigm, whereby rich-world democracies that allow refugees and economic migrants to settle fail to take adequate measures to ensure safe repatriation and resettlement to migrants' countries of origin. This failure leads to unconsented permanent residency and subsequent naturalization that fuels a backlash by nativists and social conservatives, as evidenced …


Foreword: "The Savage Wars Of Peace", Editors Of The Tennessee Law Review Jan 2017

Foreword: "The Savage Wars Of Peace", Editors Of The Tennessee Law Review

Tennessee Law Review

No abstract provided.


On Competence: (Re)Considering Appropriate Legal Standards For Examining Sixth Amendment Claims Related To Criminal Defendants' Mental Illness And Disability, Sarah Gerwig-Moore Jan 2017

On Competence: (Re)Considering Appropriate Legal Standards For Examining Sixth Amendment Claims Related To Criminal Defendants' Mental Illness And Disability, Sarah Gerwig-Moore

Tennessee Law Review

No abstract provided.


Trial And Error: Lawyers And Nonlawyer Advocates, Anna Carpenter, Alyx Mark, Colleen Shanahan Jan 2017

Trial And Error: Lawyers And Nonlawyer Advocates, Anna Carpenter, Alyx Mark, Colleen Shanahan

Faculty Articles

Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as elements …


Confirm Myra Selby For The Seventh Circuit, Carl W. Tobias Jan 2017

Confirm Myra Selby For The Seventh Circuit, Carl W. Tobias

Indiana Law Journal

This Article canvasses Myra Selby’s dynamic professional record, the federal judicial selection process under President Obama, and the Seventh Circuit. It ascertains that Selby is an exceptionally competent, mainstream prospect and that the appellate court requires all of its members to deliver justice. However, Republican senators did not collaborate, particularly after they had captured a Senate majority—a circumstance that this presidential election year aggravates. The last section, therefore, proffers recommendations for Selby’s prompt Senate consideration and confirmation.


No Un Jurado De Mis Pares: Juror Exclusion Of Limited English Proficient Speakers., Michael Mccann Jan 2017

No Un Jurado De Mis Pares: Juror Exclusion Of Limited English Proficient Speakers., Michael Mccann

The Scholar: St. Mary's Law Review on Race and Social Justice

In the context of fulfilling civic duties as a citizen, accessibility to language assistance programs ensures every individual, including those with limited English proficiency (LEP), is afforded the opportunity to exercise their fundamental rights. Preservation of the integrity of the justice system must be provided in a comprehensive manner, not merely in one part of the legal proceedings or isolated to one part of the courthouse. LEP citizens should be integrated in public society, not disqualified from it. Statutes that create overly burdensome language proficiency standards create problems with the jury selection process. These standards limit and often deny LEP …


Envisioning 100% Access To Justice In Colorado, Daniel M. Taubman, Melissa Hart Jan 2017

Envisioning 100% Access To Justice In Colorado, Daniel M. Taubman, Melissa Hart

Publications

No abstract provided.


Jury Simulation Goals, Jonathan J. Koehler, John B. Meixner Jr. Jan 2017

Jury Simulation Goals, Jonathan J. Koehler, John B. Meixner Jr.

Scholarly Works

What are the goals that researchers who conduct jury simulations have or should have? Drawing on Pennington and Hastie (1981), we identify three primary goals: (1) develop theory, (2) describe how juries perform, and (3) improve the jury process. Where basic theory matters most, studies should be designed in ways that stress internal validity. Where describing the behaviors of real juries or persuading policy makers about changes that should be made, studies should focus on external and ecological validity as well. We urge researchers who are interested in describing jury behavior and improving the jury process to conduct ecologically valid …


Newsroom: Logan On Judicial Diversity 12-09-2016, Kate Nagle, Roger Williams University School Of Law Dec 2016

Newsroom: Logan On Judicial Diversity 12-09-2016, Kate Nagle, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


When You Come To A Fork In The Road, Take It: Unifying The Split In New York's Analysis Of In-House Attorney-Client Privilege, Thomas O'Connor Dec 2016

When You Come To A Fork In The Road, Take It: Unifying The Split In New York's Analysis Of In-House Attorney-Client Privilege, Thomas O'Connor

Journal of Law and Policy

As one surveys the vast and ever-changing landscape of law and litigation, few things stand out as so unanimously exalted and carefully guarded as the privilege protecting attorney-client communications. Yet there is today a surprising lack of uniformity and predictability in the reasoning by which New York courts determine whether a communication made by in-house counsel to its corporate client will – or will not – enjoy the protection of that privilege. Rather than follow a single and predictable analysis to resolve the question, New York courts have oscillated between one line of decisions focusing primarily on the purpose of …


Responding To Judicial And Lawyer Misconduct: Analyzing A Survey Of State Trial Court Judges, Peter M. Koelling Dec 2016

Responding To Judicial And Lawyer Misconduct: Analyzing A Survey Of State Trial Court Judges, Peter M. Koelling

St. Mary's Journal on Legal Malpractice & Ethics

While reported cases or incidents may give us insight into the interpretation of Rule 2.15 of the Model Code of Judicial Conduct, they do not give us a sense of how often judges undertake the obligation to act under the rule. The Judicial Division of the American Bar Association developed a survey to explore the interpretation and the implementation of Rule 2.15 of the Model Code of Judicial Conduct, and to determine how and in what manner state trial court judges responded to ethical violations by lawyers and other judges. The survey looked back over a ten-year period and was …


Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes: Bigger And Better Than Ever: October 12, 2016, Brittani Mulholland Oct 2016

Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes: Bigger And Better Than Ever: October 12, 2016, Brittani Mulholland

Law School Blogs

No abstract provided.


Honoring Dan Meltzer, Bradford R. Clark Oct 2016

Honoring Dan Meltzer, Bradford R. Clark

Notre Dame Law Review

Dan Meltzer was a giant in the field of Federal Courts, and it is hard to overstate his influence on its development. He taught Federal Courts at Harvard Law School and was a long-time co-author of Hart & Wechsler’s The Federal Courts and the Federal System (“Hart & Wechsler ”), the casebook that created the field and shaped how generations of judges, lawyers, and scholars think about complex questions of federal jurisdiction. In addition, Dan enriched the field immeasurably by writing seminal articles on a wide range of Federal Courts topics. His work was characterized by deep knowledge of the …


Infrequently Asked Questions, Edward T. Swaine Oct 2016

Infrequently Asked Questions, Edward T. Swaine

The Journal of Appellate Practice and Process

If appellate advocates could hear from courts about topics that might be raised during oral argument—as opposed to relying solely on their ability to anticipate the issues—might their answers be better? That seems likely, but it is unlikely that research could confirm that, as judicial practice overwhelmingly favors impromptu questioning. Spontaneity may be harmless if the question was predictable, or unavoidable if a judge just thought of the question. But sometimes advocates have to answer challenging questions concerning the law, facts, or implications of a position—questions that help decide the case, either due to the quality of the answer or …


Creditor Claims For Postpetition Attorneys' Fees Incurred In Bankruptcy Litigation And The Role Of State Law, Laith Hamdan Aug 2016

Creditor Claims For Postpetition Attorneys' Fees Incurred In Bankruptcy Litigation And The Role Of State Law, Laith Hamdan

Cardozo Law Review

No abstract provided.


Newsroom: Monestier On Web Jurisdiction 7/22/2016, Pat Murphy, Roger Williams University School Of Law Jul 2016

Newsroom: Monestier On Web Jurisdiction 7/22/2016, Pat Murphy, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Seeking A Balance: Judicial Diversity In Ri 7/7/2016, Michael M. Bowden, Roger Williams University School Of Law Jul 2016

Newsroom: Seeking A Balance: Judicial Diversity In Ri 7/7/2016, Michael M. Bowden, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Op-Ed: Yelnosky On Judicial Selection 6-17-2016, Michael J. Yelnosky, Providence Journal, Roger Williams University School Of Law Jun 2016

Newsroom: Op-Ed: Yelnosky On Judicial Selection 6-17-2016, Michael J. Yelnosky, Providence Journal, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Yelnosky On Judicial Selection, 5/23/2016, Roger Williams University School Of Law, Edward Fitzpartick May 2016

Newsroom: Yelnosky On Judicial Selection, 5/23/2016, Roger Williams University School Of Law, Edward Fitzpartick

Life of the Law School (1993- )

No abstract provided.


Can Courts Require Civil Conduct?, Justice Douglas S. Lang, Haleigh Jones May 2016

Can Courts Require Civil Conduct?, Justice Douglas S. Lang, Haleigh Jones

St. Mary's Journal on Legal Malpractice & Ethics

There is considerable controversy on the question of whether courts can require civil conduct by lawyers, not just in Texas but across the country. To answer that question, it must be determined whether lawyer civility is at least impliedly part of the court and disciplinary rules or whether “civility” is only part of the professionalism creeds and merely “aspirational.” This Article attempts to answer this by discussing three viewpoints on enforcing civility. Further, it argues for honest recognition of the multitude of concerns about incivility and asserts that the legal profession must cultivate an increase in the spirit of civility …


The Teaching Of International Law, Myres S. Mcdougal Apr 2016

The Teaching Of International Law, Myres S. Mcdougal

Georgia Journal of International & Comparative Law

No abstract provided.


The Teaching Of International Law, Ian Brownlie Apr 2016

The Teaching Of International Law, Ian Brownlie

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Policy And The Government Legal Adviser, Henry Darwin Apr 2016

Foreign Policy And The Government Legal Adviser, Henry Darwin

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Policy And The Government Legal Adviser, Stephen M. Schwebel Apr 2016

Foreign Policy And The Government Legal Adviser, Stephen M. Schwebel

Georgia Journal of International & Comparative Law

No abstract provided.


The Function Of The International Court Of Justice In The World Community, Ernest A. Gross Apr 2016

The Function Of The International Court Of Justice In The World Community, Ernest A. Gross

Georgia Journal of International & Comparative Law

No abstract provided.


The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings Apr 2016

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings

Georgia Journal of International & Comparative Law

No abstract provided.