Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Richmond (337)
- University of Colorado Law School (285)
- Touro University Jacob D. Fuchsberg Law Center (254)
- Seattle University School of Law (225)
- University of Michigan Law School (192)
-
- Universitas Indonesia (121)
- UIC School of Law (65)
- Maurer School of Law: Indiana University (53)
- St. Mary's University (41)
- Roger Williams University (35)
- Northwestern Pritzker School of Law (33)
- Cleveland State University (25)
- Pepperdine University (25)
- University of Arkansas Little Rock (21)
- University of Georgia School of Law (21)
- Villanova University Charles Widger School of Law (20)
- Brooklyn Law School (19)
- University of the District of Columbia School of Law (13)
- BLR (10)
- Duke Law (10)
- Fordham Law School (10)
- Georgetown University Law Center (10)
- Penn State Dickinson Law (10)
- University of Kentucky (9)
- Vanderbilt University Law School (9)
- Boston University School of Law (8)
- Columbia Law School (8)
- William & Mary Law School (8)
- Notre Dame Law School (7)
- University of Cincinnati College of Law (7)
- Keyword
-
- Constitution (171)
- Federal (164)
- State (143)
- Supreme Court (140)
- New York (129)
-
- State courts (98)
- Court of Appeals (75)
- Courts (75)
- Defendant (75)
- Appellate Division (73)
- United States (72)
- Colorado (68)
- Court (60)
- § 6 (58)
- 1990) (57)
- Due process (56)
- Congress (54)
- California (53)
- 1991) (51)
- Litigation (50)
- 1992) (48)
- § 1 (45)
- N.Y. Cont. Art. I (42)
- Constitutional law (37)
- Federalism (37)
- Jurisdiction (37)
- Michigan (37)
- Violated (37)
- Evidence (36)
- BLM (35)
- Publication Year
- Publication
-
- University of Richmond Law Review (319)
- Touro Law Review (254)
- Seattle University Law Review (223)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Michigan Law Review (102)
-
- UIC Law Review (61)
- Articles (51)
- Publications (44)
- Indiana Law Journal (42)
- Faculty Scholarship (31)
- Northwestern University Law Review (29)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
- University of Michigan Journal of Law Reform (24)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (22)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (21)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (21)
- Pepperdine Law Review (19)
- St. Mary's Law Journal (19)
- Villanova Environmental Law Journal (1991 - ) (19)
- Cleveland State Law Review (18)
- Western Water Law in Transition (Summer Conference, June 3-5) (18)
- Roger Williams University Law Review (17)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (16)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (16)
- The Journal of Appellate Practice and Process (16)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (14)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (14)
- Life of the Law School (1993- ) (13)
- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (13)
- University of the District of Columbia Law Review (13)
- Publication Type
Articles 1021 - 1050 of 2042
Full-Text Articles in Courts
Issue 1: Annual Survey 2013 Table Of Contents
Issue 1: Annual Survey 2013 Table Of Contents
University of Richmond Law Review
No abstract provided.
Preface, Christopher W. Bascom
Preface, Christopher W. Bascom
University of Richmond Law Review
No abstract provided.
Why Whistleblowers Lose: An Empirical And Qualitative Analysis Of State Court Cases, Nancy M. Modesitt
Why Whistleblowers Lose: An Empirical And Qualitative Analysis Of State Court Cases, Nancy M. Modesitt
All Faculty Scholarship
This Article was originally intended to be an analysis of the propriety, or impropriety, of the doctrines most commonly used by courts to decide employees’ whistleblowing retaliation claims against employers. However, upon conducting initial research, it quickly became apparent that there was very little data available on whistleblowing cases. Unlike employment discrimination cases, where several empirical studies have been conducted, there is only one empirical analysis of whistleblower claims, which focused solely on outcomes in the federal administrative process for claims brought under the Sarbanes-Oxley Act (SOX). That study revealed that whistleblowers fare poorly for a number of reasons, but …
Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan
Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey
Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Primary Jurisdiction And State Courts: A Modern Proposal For Uniformity, William B. Haseltine
Primary Jurisdiction And State Courts: A Modern Proposal For Uniformity, William B. Haseltine
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Women Ruling The Bench: Steps To Achieving Gender Parity On State Courts, Cheyenne L. Horien
Women Ruling The Bench: Steps To Achieving Gender Parity On State Courts, Cheyenne L. Horien
Political Science Theses and Capstones
Across the United States, each state practices one of several methods of selecting judges to their courts. Many of these processes have not changed for decades and some argue this results in minorities, both gender and racial, receiving fewer spots on the bench. I focus explicitly on the gender aspect of judicial selection: Why are there fewer women judges in some states than in others? Previous literature on this topic is mixed. I analyzed data gathered from the American Judicature Society and other sources. Among the five methods (appointment, combination, merit selection, non-partisan election, partisan election), because of the many …
Preemption And Choice-Of-Law Coordination, Erin O'Hara O'Connor, Larry E. Ribstein
Preemption And Choice-Of-Law Coordination, Erin O'Hara O'Connor, Larry E. Ribstein
Michigan Law Review
The doctrine treating federal preemption of state law has been plagued by uncertainty and confusion. Part of the problem is that courts purport to interpret congressional intent when often Congress has never considered the particular preemption question at issue. This Article suggests that courts deciding preemption cases should take seriously a commonly articulated rationale for the federalization of law: the need to coordinate applicable legal standards in order to facilitate a national market or to otherwise provide clear guidance to parties regarding the laws that apply to their conduct. In situations where federal law can serve a coordinating function but …
Dissent: Supreme Court Reform: Diversion Instead Of Division, Gerald F. Uelmen
Dissent: Supreme Court Reform: Diversion Instead Of Division, Gerald F. Uelmen
Pepperdine Law Review
No abstract provided.
Opinion: A Two-Part State Supreme Court, Stanley Mosk
Opinion: A Two-Part State Supreme Court, Stanley Mosk
Pepperdine Law Review
No abstract provided.
Nlra Preemption Of State Common Law Wrongful Discharge Claims: The Bhopal Brigade Goes Home , Joseph R. Weeks
Nlra Preemption Of State Common Law Wrongful Discharge Claims: The Bhopal Brigade Goes Home , Joseph R. Weeks
Pepperdine Law Review
No abstract provided.
Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe
Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe
Pepperdine Law Review
No abstract provided.
Recent Developments In Alternative Dispute Resolution , Lee R. Petillon
Recent Developments In Alternative Dispute Resolution , Lee R. Petillon
Pepperdine Law Review
No abstract provided.
Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman
Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman
Pepperdine Law Review
No abstract provided.
Using Court-Annexed Arbitration To Reduce Litigant Costs And To Increase The Pace Of Litigation, John L. Barkai, Gene Kassebaum
Using Court-Annexed Arbitration To Reduce Litigant Costs And To Increase The Pace Of Litigation, John L. Barkai, Gene Kassebaum
Pepperdine Law Review
No abstract provided.
The Changing Face Of Mary Carter Agreements In California: The Aftermath Of Abbott Ford And Proposition 51, Thomas M. Gross
The Changing Face Of Mary Carter Agreements In California: The Aftermath Of Abbott Ford And Proposition 51, Thomas M. Gross
Pepperdine Law Review
No abstract provided.
States Escape Liability For Copyright Infringement?, Michelle V. Francis
States Escape Liability For Copyright Infringement?, Michelle V. Francis
Pepperdine Law Review
No abstract provided.
A General Defense Of Erie Railroad Co. V. Tompkins, Ernest A. Young
A General Defense Of Erie Railroad Co. V. Tompkins, Ernest A. Young
Faculty Scholarship
Erie Railroad Co. v. Tompkins was the most important federalism decision of the Twentieth Century. Justice Brandeis’s opinion for the Court stated unequivocally that “[e]xcept in matters governed by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. . . . There is no federal general common law.” Seventy-five years later, however, Erie finds itself under siege. Critics have claimed that it is “bereft of serious intellectual or constitutional support” (Michael Greve), based on a “myth” that must be “repressed” (Craig Green), and even “the worst decision …
The Origin And Evolution Of The Third Party “Refusal To Deal” Defense In Illinois Corporate Opportunity Cases, 46 J. Marshall L. Rev. 937 (2013), William Lynch Schaller
The Origin And Evolution Of The Third Party “Refusal To Deal” Defense In Illinois Corporate Opportunity Cases, 46 J. Marshall L. Rev. 937 (2013), William Lynch Schaller
UIC Law Review
No abstract provided.
War Of The Words: Why False Statements Should Be Guaranteed First Amendment Protection, Virginia R. Priddy
War Of The Words: Why False Statements Should Be Guaranteed First Amendment Protection, Virginia R. Priddy
Georgia Law Review
In Haley v. State, the Georgia Supreme Court upheld
the conviction of Andrew Scott Haley for making a false
statement. Haley created a username and posted videos to
the Internet in which he claimed to have committed a
series of murders, goading his audience to try to solve the
"mysteries." Haley was convicted under a Georgia statute
that proscribes the making of a false statement within the
jurisdiction of an agency or department of state of Georgia.
After discussing the historical legal and philosophical
underpinnings of the First Amendment right to free
speech, this Note argues that the Georgia statute …
Safe Haven No Longer: The Role Of Georgia Courts And Private Probation Companies In Sustaining A De Facto Debtors' Prison System, Sarah D. Bellacicco
Safe Haven No Longer: The Role Of Georgia Courts And Private Probation Companies In Sustaining A De Facto Debtors' Prison System, Sarah D. Bellacicco
Georgia Law Review
Georgia was specifically established as a colony for debtors-a haven where they could be safe from imprisonment. It is a haven no longer. Georgia courts are regularly imprisoning people for failing to pay debts, often through probation revocation of probationers who have failed to pay a fine or fee imposed as a condition of probation. Some of these probationers are on probation solely because they could not pay a fine on the day of sentencing, a practice which greatly increases the amount they owe due to the additional probation fees imposed. In Bearden v. Georgia, the Supreme Court held that …
The Omnipresent Specter Of Omnicare, Sean J. Griffith
The Omnipresent Specter Of Omnicare, Sean J. Griffith
Faculty Scholarship
In this Article, written for a symposium commemorating the tenth anniversary of the Delaware Supreme Court’s opinion in Omnicare, Inc. v. NCS Healthcare, Inc., I argue, notwithstanding reports to the contrary, that Omnicare is still very much with us. Although there is a line of cases that qualifies the narrow holding of the opinion, the strong reading of Omnicare, which requires a fiduciary out in every merger agreement and elevates the “unremitting” duty to remain “fully informed” to an absolute jurisprudential principle, lives on in Delaware law, animating the Court of Chancery’s controversial rulings in the recent standstill cases. Shifting …
A Research Agenda For Uncooperative Federalists, Ernest A. Young
A Research Agenda For Uncooperative Federalists, Ernest A. Young
Faculty Scholarship
No abstract provided.
Searching For Truth In The American Law Of Evidence And Proof, D. Michael Risinger
Searching For Truth In The American Law Of Evidence And Proof, D. Michael Risinger
Georgia Law Review
The ideology of the trial process puts discovery of truth
at center stage. This is made clear by the language of
Federal Rule of Evidence 102, upon which New Georgia
Rule of Evidence 24-1-1 is obviously based. Both of these
rules make the ascertainment of truth one of the two goals
of the trial (just determination being the other). However,
the term "truth" has been used in many ways in many
different contexts and traditions. What notion of truth did
the drafters have in mind?
This Article answers that question by reference to what
has come to be known as …