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Articles 1081 - 1110 of 2042
Full-Text Articles in Courts
The Case For The Repeal Amendment, Randy E. Barnett
The Case For The Repeal Amendment, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Today, a political movement has arisen to oppose what seems to be a highly discretionary and legally unconstrained federal government. Beginning in the Bush Administration during the Panic of 2008 and accelerating during the Obama Administration, the federal government has bailed out or taken over banks, car companies, and student loans. It is now preparing to vastly expand the Internal Revenue Service to help it take charge of the practice of medicine for the first time in American history. This marked and rapid increase of power has shaken many Americans who are now looking to the United States Constitution with …
Customary International Law As U.S. Law: A Critique Of The Revisionist And Intermediate Positions And A Defense Of The Modern Position, Carlos Manuel Vázquez
Customary International Law As U.S. Law: A Critique Of The Revisionist And Intermediate Positions And A Defense Of The Modern Position, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
In a recent referendum, the citizens of Oklahoma overwhelmingly approved a State constitutional amendment providing that the courts of the State "shall not consider international law or Sharia law" in rendering their decisions. The amendment's exclusion of Sharia law has garnered most of the media attention, but more consequential by far is the measure's directive to the State courts to disregard international law. Similar measures have been proposed in other States, some of them merely barring consideration of Sharia law or foreign law, but others barring consideration of international law as well. These measures are clearly unconstitutional insofar as they …
Fool Me Once, Shame On Me; Fool Me Again And You're Gonna Pay For It: An Analysis Of Medicare's New Reporting Requirements For Primary Payers And The Stiff Penalties Associated With Noncompliance, Brent M. Timberlake, Monica A. Stahly
Fool Me Once, Shame On Me; Fool Me Again And You're Gonna Pay For It: An Analysis Of Medicare's New Reporting Requirements For Primary Payers And The Stiff Penalties Associated With Noncompliance, Brent M. Timberlake, Monica A. Stahly
University of Richmond Law Review
This article discusses the new requirements and the issues that currently face insurers, claimants, and attorneys in cases involving Medicare-eligible beneficiaries.
Presumed Guilty Until Proven Innocent: The Burden Of Proof In Wrongful Conviction Claims Under State Compensation Statutes, Daniel S. Kahn
Presumed Guilty Until Proven Innocent: The Burden Of Proof In Wrongful Conviction Claims Under State Compensation Statutes, Daniel S. Kahn
University of Michigan Journal of Law Reform
Despite significant efforts to uncover and prevent wrongful convictions, little attention has been paid to the compensation of wrongfully convicted individuals once they are released from prison. State compensation statutes offer the best path to redress because they do not require the claimant to prove that the state was at fault for the wrongful conviction and because they are not susceptible to the same political influences as other methods of compensation. However, even under compensation statutes, too many meritorious claims are dismissed, settled for far too little, or never brought in the first place. After examining the current statutory framework, …
Expanding The Role Of North Carolina State Courts In Resolving Public Housing Disputes, Nooree Lee
Expanding The Role Of North Carolina State Courts In Resolving Public Housing Disputes, Nooree Lee
North Carolina Central Law Review
No abstract provided.
Insterstitial Exclusivities After Association For Molecular Pathology, Mary Mitchell, Dana A. Remus
Insterstitial Exclusivities After Association For Molecular Pathology, Mary Mitchell, Dana A. Remus
Michigan Law Review First Impressions
The high profile cases Bilski v. Kappos and Association for Molecular Pathology v. United States Patent and Trademark Office have renewed public debate about the proper scope of patentable subject matter. The subject matter inquiry has traditionally been treated as a threshold inquiry in patent law, serving a gate-keeping function by defining the types of inventions that are eligible for patent protection. The Patent Office and courts have approached the subject matter inquiry both by determining whether an invention falls into a statutory category-processes, machines, manufactures, or compositions of matter-as well as by determining whether an invention falls into a …
State Supreme Court Opinions As Law Development, Victor Eugene Flango
State Supreme Court Opinions As Law Development, Victor Eugene Flango
The Journal of Appellate Practice and Process
No abstract provided.
Smart Grid Technology: The Future Of The Electric Utility Industry, Michael W. Yackira
Smart Grid Technology: The Future Of The Electric Utility Industry, Michael W. Yackira
University of Richmond Law Review
Energy is leading many agendas these days, and, indeed, the energy landscape is changing-taking it a step further, it is actually transforming. This could be as big a transformation for the electric utility industry as the automated teller machine was for the banking industry and the cell phone was for telecommunications.
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
Law Faculty Publications
No abstract provided.
Efficient, Fair, And Incomprehensible: How The State 'Sells' Its Judiciary, Keith J. Bybee, Heather Pincock
Efficient, Fair, And Incomprehensible: How The State 'Sells' Its Judiciary, Keith J. Bybee, Heather Pincock
College of Law - Faculty Scholarship
Sociolegal scholars often approach dispute resolution from the perspective of the disputants, emphasizing how the resources on each side shape the course of conflict. We suggest a different, “supply-side” perspective. Focusing on the state’s efforts to establish centralized courts in place of local justice systems, we consider the strategies that a supplier of dispute resolving services uses to attract disputes for resolution. We argue that state actors often attempt to “sell” centralized courts to potential litigants by insisting that the state’s services are more efficient and fair than local courts operating outside direct state control. Moreover, we argue that state …
Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton
Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton
UIC Law Review
No abstract provided.
Forgotten Namesake: The Illinois Good Samaritan Act's Inexcusable Failure To Provide Immunity To Non-Medical Rescuers, 43 J. Marshall L. Rev. 1097 (2010), David Weldon
UIC Law Review
No abstract provided.
The Hobbs Act Through The Rivera-Rivera Looking Glass: A Mere Intrusion Upon Basic Fundamental Federalism Principles?, 44 J. Marshall L. Rev. 237 (2010), Patrick Goodwin
The Hobbs Act Through The Rivera-Rivera Looking Glass: A Mere Intrusion Upon Basic Fundamental Federalism Principles?, 44 J. Marshall L. Rev. 237 (2010), Patrick Goodwin
UIC Law Review
No abstract provided.
Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill
Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Richmond Public Interest Law Review
Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …
Estate Of Pew V. Cardarelli, Natallia Krauchuk
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
NYLS Law Review
No abstract provided.
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Richmond Journal of Law and the Public Interest
Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …
Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina
Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina
American Indian Law Review
This article contends that state courts are not necessarily free to apply state law when the courts are exercising concurrent adjudicative jurisdiction with tribal courts. Instead, Indian law principles of preemption direct state courts to apply tribal law in certain cases. A guiding principle emerges from the preemption analysis: if a tribe has legislative jurisdication over the dispute, tribal law must ordinarily be applied. In these instances, a state's laws, including its choice-of-law rules, are preempted by federal common law because their application interferes with the federal government's and the tribes' interest in promoting tribal self-government, including the tribes' ability …
The Conflict Between State Tests Of Tribal Entity Immunity And The Congressional Policy Of Indian Self-Determination, Aaron F.W. Meek
The Conflict Between State Tests Of Tribal Entity Immunity And The Congressional Policy Of Indian Self-Determination, Aaron F.W. Meek
American Indian Law Review
No abstract provided.
A Structural Vision Of Habeas Corpus, Eve Brensike Primus
A Structural Vision Of Habeas Corpus, Eve Brensike Primus
Articles
As scholars have recognized elsewhere in public law, there is no hermetic separation between individual rights and structural or systemic processes of governance. To be sure, it is often helpful to focus on a question as primarily implicating one or the other of those categories. But a full appreciation of a structural rule includes an understanding of its relationship to individuals, and individual rights can both derive from and help shape larger systemic practices. The separation of powers principle, for example, is clearly a matter of structure, but much of its virtue rests on its promise to help protect the …
Administering The Second Amendment: Law, Politics, And Taxonomy , Nicholas J. Johnson
Administering The Second Amendment: Law, Politics, And Taxonomy , Nicholas J. Johnson
Faculty Scholarship
This article anticipates the post-McDonald landscape by assessing the right to arms in the context of several state regulations and the arguments that might be employed as challenges to them unfold. So far, the core test for determining the scope of the individual right to arms is the common use standard articulated in District of Columbia v. Heller. Measured against that, standard firearm regulations fit into three categories. The first category contains laws that are easily administered under the common use standard. The second category – and the primary focus of this article – consists of laws that can be …
Professor Robert E. Shepherd, Jr.: Tending To His Flock To Improve Its Lot, John P. Cunningham
Professor Robert E. Shepherd, Jr.: Tending To His Flock To Improve Its Lot, John P. Cunningham
University of Richmond Law Review
No abstract provided.
In Memoriam: Robert E. Shepherd, Jr., John G. Douglass
In Memoriam: Robert E. Shepherd, Jr., John G. Douglass
University of Richmond Law Review
No abstract provided.
Professor Robert E. Shepherd, Jr. September 22, 1937 - December 11, 2008, Hon. Walter S. Felton Jr.
Professor Robert E. Shepherd, Jr. September 22, 1937 - December 11, 2008, Hon. Walter S. Felton Jr.
University of Richmond Law Review
No abstract provided.
Free Speech Federalism, Adam Winkler
Free Speech Federalism, Adam Winkler
Michigan Law Review
For decades, constitutional doctrine has held that the Constitution's guarantee of freedom of speech applies equally to laws adopted by the federal, state, and local governments. Nevertheless, the identity of the government actor behind a law may be a significant, if unrecognized, factor in free speech cases. This Article reports the results of a comprehensive study of core free speech cases decided by the federal courts over a 14-year period. The study finds that speech-restrictive laws adopted by the federal government are far more likely to be upheld than similar laws adopted by state and local governments. Courts applying strict …
Arkansas's Tradition Of Popular Constitutional Activism And The Ascendancy Of The Arkansas Supreme Court, Jerald A. Sharum
Arkansas's Tradition Of Popular Constitutional Activism And The Ascendancy Of The Arkansas Supreme Court, Jerald A. Sharum
University of Arkansas at Little Rock Law Review
No abstract provided.