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Articles 541 - 570 of 823
Full-Text Articles in Courts
Conditions For Judicial Independence, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast
Conditions For Judicial Independence, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast
Faculty Scholarship
No abstract provided.
Courts, Congress, And Public Policy, Part Ii: The Impact Of The Reapportionment Revolution On Congress And State Legislatures, Jeffrey R. Lax, Mathew D. Mccubbins
Courts, Congress, And Public Policy, Part Ii: The Impact Of The Reapportionment Revolution On Congress And State Legislatures, Jeffrey R. Lax, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
Research-Informed Models For Communicating The Value Of Court-Connected Alternative Dispute Resolution For Public Funding, Kevin Dye
Massachusetts Office of Public Collaboration Publications
The purpose of framing the research in the following models is to assist the court and its court-connected mediation programs in their ongoing dialogue with the funding decision-makers in addressing the question: Is state funding of community mediation centers and court ADR generally a worthwhile investment? As a means of setting forth components of an analytic framework, the following simplified financial models are offered to draw out salient aspects of the nature of the investment. The simplified models are employed primarily for the purpose of illustrating the investment in terms of classic financial models familiar to a budget analyst. These …
Some Observations On The Role Of Social Change On The Courts, Gerald Torres
Some Observations On The Role Of Social Change On The Courts, Gerald Torres
Cornell Law Faculty Publications
No abstract provided.
Courts, Congress, And Public Policy, Part I: The Fda, The Courts, And The Regulation Of Tobacco, Jeffrey R. Lax, Mathew D. Mccubbins
Courts, Congress, And Public Policy, Part I: The Fda, The Courts, And The Regulation Of Tobacco, Jeffrey R. Lax, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo
Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
The Singapore court's power to stay its proceedings by reason of its not being the appropriate forum the proceedings ought not to be continued is underpinned by the common law principle enunciated in The Spiliada that generally a trial should be heard in its natural forum. The Rainbow Joy adds significantly to Singapore law on forum non conveniens on two important points. First, it establishes that it is not necessary to show that the alternative forum abroad is constituted as a court of law. Secondly, the case establishes that whether there is a defense claim on the merits is an …
Boys Will Be Boys: A Social Control Approach To Assessment Of Gender-Based Sentencing Disparity In Norfolk Circuit Court Cases, Fay F. Spence
Boys Will Be Boys: A Social Control Approach To Assessment Of Gender-Based Sentencing Disparity In Norfolk Circuit Court Cases, Fay F. Spence
Sociology & Criminal Justice Theses & Dissertations
This study evaluated the relationship between gender and sentencing severity for defendants convicted of violent crimes, victimless crimes, and theft crimes in Norfolk Circuit Court during 2001 and 2002. Based upon social control theories, the author hypothesized that women receive harsher penalties than men for violent crimes and victimless crimes, but that men receive harsher penalties for theft crimes. To test these hypotheses, the author relied, in part, upon data collected by the Norfolk Commonwealth Attorney's office on 3368 criminal cases filed in 2001 and concluded by May 22, 2002. After eliminating cases not pertinent to the study, the data …
The New Black's, Peter Tiersma
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
High-Tech Trial Lawyers And The Court: Responsibilities, Problems, And Opportunities, Fredric I. Lederer
High-Tech Trial Lawyers And The Court: Responsibilities, Problems, And Opportunities, Fredric I. Lederer
Popular Media
No abstract provided.
Standards Of The Supreme Court, John Cornyn
Standards Of The Supreme Court, John Cornyn
University of Richmond Law Review
No abstract provided.
Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman
Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman
University of Richmond Law Review
No abstract provided.
No Constitutional Right To A Rubber Stamp, Richard J. Durbin
No Constitutional Right To A Rubber Stamp, Richard J. Durbin
University of Richmond Law Review
No abstract provided.
Debunking Double Standards, John Cornyn
Debunking Double Standards, John Cornyn
University of Richmond Law Review
No abstract provided.
The "Duty" To Be A Rational Shareholder, David A. Hoffman
The "Duty" To Be A Rational Shareholder, David A. Hoffman
ExpressO
How and when do courts determine that corporate disclosures are actionable under the federal securities laws? The applicable standard is materiality: would a (mythical) "reasonable investor" have considered the disclosures important. As I establish through empirical and statistical testing of 500 cases analyzing the materiality standard, judicial findings of immateriality are remarkably common, and have been stable over time. Materiality's scope results in the dismissal of a large number of claims, and creates a set of cases in which courts attempt to explain and defend their vision of who is, and is not, a "reasonable investor." Thus, materiality provides an …
A Psychologist's Perspective On Capital Juries, Steven J. Sherman
A Psychologist's Perspective On Capital Juries, Steven J. Sherman
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The Majoritarian Difficulty: Affirmative Action, Sodomy, And Supreme Court Politics, Darren L. Hutchinson
The Majoritarian Difficulty: Affirmative Action, Sodomy, And Supreme Court Politics, Darren L. Hutchinson
Faculty Articles
This Article challenges liberal and conservative assessments of Lawrence, Gratz, and Grutter. Although the outcome of these cases might indeed prove helpful to the agendas of social movements for racial and sexual justice, progressive scholars and activists should not receive these cases with elation. Instead, the research of constitutional theorists, critical legal scholars, and political scientists allows for a more contextualized and guarded account of and reaction to these decisions. Instead of representing extraordinary victories for oppressed classes, these cases reflect majoritarian and moderate views concerning civil rights, and the opinions contain many doctrinal elements that reinforce, …
The Little Rock School Desegregation Cases In Richard Arnold's Court, Polly J. Price
The Little Rock School Desegregation Cases In Richard Arnold's Court, Polly J. Price
Faculty Articles
This article proceeds as follows. Because it is first necessary to recount some of the history of the Little Rock school cases, Part I discusses the origins and early steps in the long-running litigation. Part II considers the period from 1982 until 2004 when Richard Arnold was a member of the appellate panel assigned to the school cases. This part identifies three critical points of the Eighth Circuit's intervention under Judge Arnold's leadership. In Part III, I suggest how Arnold's motivations for his decisions in the Little Rock school cases related to both his particular view of the limitations of …
The Contractual Basis Of The Enforcement Of Exclusive And Non-Exclusive Choice Of Court Agreements, Tiong Min Yeo
The Contractual Basis Of The Enforcement Of Exclusive And Non-Exclusive Choice Of Court Agreements, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
This article argues that, although choice of court agreements can be viewed from a procedural or contractual perspective, the predominant approach in Singapore and English law in respect of the exclusive jurisdiction agreement has been to give primacy to the rationale of the enforcement of a contractual bargain, tempered by a judicial discretion in its enforcement within the procedural jurisdictional context. It is also argued that the only difference between exclusive and non-exclusive jurisdiction agreements lies in the content and scope of the agreement between the parties, so the same contractual approach (as tempered by procedural considerations) should be applied …
Empirically Testing Dworkin's Chain Novel Theory: Studying The Path Of Precedent, Stefanie A. Lindquist, Frank B. Cross
Empirically Testing Dworkin's Chain Novel Theory: Studying The Path Of Precedent, Stefanie A. Lindquist, Frank B. Cross
Scholarship@WashULaw
In this article, Professors Lindquist and Cross empirically study the effect of precedent on judicial decision-making. The framework for their analysis is Ronald Dworkin’s “chain novel” metaphor, an influential theory of the role of precedent whose validity has not previously been empirically tested. The chain novel metaphor suggests that the judicial use of precedent can be likened to a group of authors writing a novel seriatim, in which the accumulation of chapters increasingly constrains the choices and freedom of subsequent writers. Precedent is one of the most important areas of legal research, but currently there is no dominant working theory, …
Technology-Augmented Courtrooms: Progress Amid A Few Complications, Or The Problematic Interrelationship Between Court And Counsel, Fredric I. Lederer
Technology-Augmented Courtrooms: Progress Amid A Few Complications, Or The Problematic Interrelationship Between Court And Counsel, Fredric I. Lederer
Faculty Publications
No abstract provided.
Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh
Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh
Law Faculty Articles and Essays
Oh argues that when the United States Supreme Court decided Richmond v. Croson in 1989 and imposed strict scrutiny on state and local government affirmative action programs, it marked a critical moment and turning point in the evolution and development of public and legal discourse on race, racism, and race relations in America. Although many scholars have critically examined the Croson opinion, curiously, scholars have yet to recognize its full ramifications and implications. Aside from the technical doctrinal changes made to equal protection law, the Croson decision is also important because of the way the Court produced and mapped a …
State Civil Procedure Plea, William R. Slomanson
State Civil Procedure Plea, William R. Slomanson
Journal of Legal Education
No abstract provided.
Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer
Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer
Popular Media
No abstract provided.
Toward A New Constitutional Anatomy, Victoria Nourse
Toward A New Constitutional Anatomy, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
There is an important sense in which our Constitution's structure is not what it appears to be--a set of activities or functions or geographies, the 'judicial" or the "executive" or the "legislative" power, the "truly local and the truly national. "Indeed, it is only if we put these notions to the side that we can come to grips with the importance of the generative provisions of the Constitution: the provisions that actually create our federal government; that bind citizens, through voting, to a House of Representatives, to a Senate, to a President, and even, indirectly, to a Supreme Court. In …
A Tournament Of Judges?, Stephen Choi, Mitu Gulati
A Tournament Of Judges?, Stephen Choi, Mitu Gulati
Faculty Scholarship
We suggest a Tournament of Judges where the reward to the winner is elevation to the Supreme Court. Politics (and ideology) surely has a role to play in the selection of justices. However, the present level of partisan bickering has resulted in delays in judicial appointments as well as undermined the public's confidence in the objectivity of justices selected through such a process. More significantly, much of the politicking is not transparent, often obscured with statements on a particular candidate's "merit"- casting a taint on all those who make their way through the judicial nomination process. We argue that the …
Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler
Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler
UIC Law Open Access Faculty Scholarship
The role of libraries in American society is varied: libraries act as curators and repositories of American culture's recorded knowledge, as places to communicate with others, and as sources where one can gain information from books, magazines and other printed materials, as well as audio-video materials and the Internet. Courts in the United States have called libraries "the quintessential locus of the receipt of information, "'places that are "dedicated to quiet, to knowledge, and to beauty," and "a mighty resource in the free marketplace of ideas." These positive views of libraries are often in sharp contrast with views by some …
Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And The Mismeasure Of Homosexual Historiography, Jody L. Madeira
Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And The Mismeasure Of Homosexual Historiography, Jody L. Madeira
Articles by Maurer Faculty
In an effort to engage in such specification, this paper will first address the mischaracterization of history in Bowers, which portrays the historic legal and ecclesiastical penalties of what the Court labels as "homosexual activities" as a continuous, unitary narrative extending from the halls of the Emperors Theodosius and Justinian to the legislative assembly rooms of Georgia and Texas. This illusory perspective portrays the criminalization of sodomy (and therefore the identity of homosexuality itself) as an impossible cultural continuum. The impossibility of this continuum lies not only in its implicit assumption that states and other lawmaking entities throughout history shared …
The Courtroom 21 Project: Creating The Courtroom Of The Twenty-First Century, Fredric I. Lederer
The Courtroom 21 Project: Creating The Courtroom Of The Twenty-First Century, Fredric I. Lederer
Popular Media
No abstract provided.
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Rutgers Law School (Newark) Faculty Papers
In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …