Open Access. Powered by Scholars. Published by Universities.®

Courts Commons

Open Access. Powered by Scholars. Published by Universities.®

State and Local Government Law

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 1261 - 1290 of 2042

Full-Text Articles in Courts

The Process Of The Governor's Council, Michael J. Sullivan Jan 2005

The Process Of The Governor's Council, Michael J. Sullivan

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Open Discussion: Capital Crime Jan 2005

Open Discussion: Capital Crime

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Narrowing The Class Of Death-Eligible Crimes, Paula Sites Jan 2005

Narrowing The Class Of Death-Eligible Crimes, Paula Sites

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


The Psychology Of Capital Punishment, Shelia M. Murphy Jan 2005

The Psychology Of Capital Punishment, Shelia M. Murphy

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Concluding Remarks, Joseph L. Hoffmann Jan 2005

Concluding Remarks, Joseph L. Hoffmann

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Civil Practice And Procedure, John R. Walk Nov 2004

Civil Practice And Procedure, John R. Walk

University of Richmond Law Review

No abstract provided.


Family And Juvenile Law, Robert E. Shepherd Jr. Nov 2004

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.


Getting To Know Us: Judicial Outreach In Oregon, Mary J. Deits, Lora E. Keenan Oct 2004

Getting To Know Us: Judicial Outreach In Oregon, Mary J. Deits, Lora E. Keenan

The Journal of Appellate Practice and Process

No abstract provided.


Minnesota's Pro Bono Appellate Program: A Simple Approach That Achieves Important Objectives, Thomas H. Boyd Oct 2004

Minnesota's Pro Bono Appellate Program: A Simple Approach That Achieves Important Objectives, Thomas H. Boyd

The Journal of Appellate Practice and Process

No abstract provided.


Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer Oct 2004

Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer

Faculty Publications

In Calder v. Jones, the Supreme Court clearly and succinctly determined that personal jurisdiction is appropriate over a defendant whose only contact with the forum state is its intentional actions aimed at and having harmful "effects" in the forum state. Illustrating the extent to which the law of personal jurisdiction had been relaxed from the time of Pennoyer v. Neff and International Shoe Co. v. Washington, Calder also extended the reach of state courts by permitting jurisdiction over out-of-state defendants on the strength of the plaintiffs' connections with the forum state. Although Calder provided a welcome and much …


The Most Rational Branch: Guinn V. Legislature And The Judiciary's Role As Helpful Arbiter Of Conflict, Jeffrey W. Stempel Mar 2004

The Most Rational Branch: Guinn V. Legislature And The Judiciary's Role As Helpful Arbiter Of Conflict, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson Jan 2004

A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson

William Mitchell Law Review

Tribal court dockets across the country have been growing steadily, and tribal courts are becoming an important part of the judicial fabric of the United States. To acknowledge this reality, state courts and legislatures across the United States have begun to address the important issues of how and whether to recognize tribal court judgments in state courts. The Minnesota Supreme Court adopted a rule that took effect in January of 2004 that provides guidelines for the recognition and enforcement of tribal court orders and judgments. The Minnesota Supreme Court Rule on the Recognition and Enforcement of Tribal Court Orders and …


Tender Offers By Controlling Shareholders: The Specter Of Coercion And Fair Price, Adam C. Pritchard Jan 2004

Tender Offers By Controlling Shareholders: The Specter Of Coercion And Fair Price, Adam C. Pritchard

Articles

Taking your company private has never been so appealing. The collapse of the tech bubble has left many companies whose stock prices bordered on the stratospheric now trading at small fractions of their historical highs. The spate of accounting scandals that followed the bursting of the bubble has taken some of the shine off the aura of being a public company-the glare of the spotlight from stock analysts and the business press looks much less inviting, notwithstanding the monitoring benefits that the spotlight purports to confer. Moreover, the regulatory backlash against those accounting scandals has made the costs of being …


Chevron And Preemption, Nina A. Mendelson Jan 2004

Chevron And Preemption, Nina A. Mendelson

Articles

This Article takes a more functional approach to reconciling preemption doctrine with Chevron when Congress has not expressly delegated preemptive authority to an agency, an approach that considers a variety of concerns, including political accountability, institutional competence, and related concerns. The Article assumes that federalism values, such as ensuring core state regulatory authority and autonomy, are important and can be protected through political processes." It argues that although Congress's "regional structure" might hint at great sensitivity to state concerns, it actually may lead Congress to undervalue some federalism benefits that are more national in nature. Meanwhile, executive agencies generally have …


The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover Jan 2003

The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover

UIC Law Review

No abstract provided.


From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton Jan 2003

From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton

Michigan Journal of Gender & Law

In Part I of this article, Dalton briefly reviews the way legal scholars commonly define sex-based discrimination, particularly as it pertains to issues of reproduction. Part II is a brief historical review of legal constructions of parenthood. In Part III, Dalton examines two legal concepts: retroactive legitimation and presumed fatherhood. Both concepts were introduced in 1872 and each independently encouraged judges to think of fatherhood as consisting of two distinct spheres, the biological and the social. She then traces the legal development of these concepts through a series of presumed father, retroactive legitimation, and putative father cases. In Part IV …


Social Reform For Kentucky's Judicial System: The Creation Of Unified Family Courts, Erin J. May Jan 2003

Social Reform For Kentucky's Judicial System: The Creation Of Unified Family Courts, Erin J. May

Kentucky Law Journal

No abstract provided.


The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr. Jan 2003

The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr.

William Mitchell Law Review

Mitchell's presence graced the Minnesota Supreme Court for nearly nineteen years, from 1881 to 1900. His output was prodigious. He produced nearly 1600 judicial opinions. It has been estimated “that excluding Sundays, and allowing a month in each year for vacation, Judge Mitchell wrote one opinion in every three days for nineteen years.” Indeed, “[i]n point of numbers, his opinions exceed those of any other justice of the Supreme Court of his state, or the nation.” It is one aspect, perhaps the central aspect, the unifying theme of this prolific body of work, that is the focus of this essay: …


The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca Jan 2003

The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca

Law Faculty Scholarly Articles

Operation of government in the absence of appropriations has become relatively common in the United States, particularly when projected expenses exceed projected revenue, making adoption of a budget a difficult task for the legislature. This Article focuses on the budget crisis in the Commonwealth of Kentucky from 2002 through 2003. In Part I, this Article recapitulates the history of the spending plan, including the action filed in Franklin Circuit Court to affirm its constitutionality. In Part II, this Article discusses certain theoretical, historical, and legal principles that inform analysis of the plan. In Part III, it considers certain deviations and …


Thayerian Deference To Congress And Supreme Court Supermajority Rules: Lessons From The Past (Symposium: Congressional Power In The Shadow Of The Rehnquist Court: Strategies For The Future), Evan H. Caminker Jan 2003

Thayerian Deference To Congress And Supreme Court Supermajority Rules: Lessons From The Past (Symposium: Congressional Power In The Shadow Of The Rehnquist Court: Strategies For The Future), Evan H. Caminker

Articles

Over the past eight years, the Supreme Court has been unusually aggressive in its exercise ofjudicial review over federal statutes challenged on federalism grounds. Eleven times the Court has invalidated provisions in federal statutes after determining that Congress exceeded the scope of its limited regulatory authority. In ten of the eleven cases, the vote was 5-4 with the identical five-Justice conservative majority (Chief Justice Rehnquist and Justices O'Connor, Scalia, Kennedy, and Thomas) controlling the decision.


"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose Apr 2002

"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose

The Journal of Appellate Practice and Process

No abstract provided.


The Expedited Appeals Process For The District Of Columbia Court Of Appeals, Bonny L. Tavares Apr 2002

The Expedited Appeals Process For The District Of Columbia Court Of Appeals, Bonny L. Tavares

The Journal of Appellate Practice and Process

No abstract provided.


Expedited Appeals In Kentucky, Susan Hanley Kosse, Kristen S. Miller Apr 2002

Expedited Appeals In Kentucky, Susan Hanley Kosse, Kristen S. Miller

The Journal of Appellate Practice and Process

No abstract provided.


To Expediency And Beyond: Vermont's Rocket Docket, Tracy Bach Apr 2002

To Expediency And Beyond: Vermont's Rocket Docket, Tracy Bach

The Journal of Appellate Practice and Process

No abstract provided.


New Hampshire's Three-Judge Expedited Docket, Joseph P. Nadeau Apr 2002

New Hampshire's Three-Judge Expedited Docket, Joseph P. Nadeau

The Journal of Appellate Practice and Process

No abstract provided.


Appellate Procedure In West Virginia: Why Rule 4a'S Expedited Petition Process Isn't Attractive To Attorneys, Grace Wigal Apr 2002

Appellate Procedure In West Virginia: Why Rule 4a'S Expedited Petition Process Isn't Attractive To Attorneys, Grace Wigal

The Journal of Appellate Practice and Process

No abstract provided.


Freestyle Lawyering: Taking An Expedited Appeal In The New York State Courts, Alicia R. Ouellette Apr 2002

Freestyle Lawyering: Taking An Expedited Appeal In The New York State Courts, Alicia R. Ouellette

The Journal of Appellate Practice and Process

No abstract provided.


Expedited Appeals In Indiana: Too Little, Too Late, Joel M. Shumm Apr 2002

Expedited Appeals In Indiana: Too Little, Too Late, Joel M. Shumm

The Journal of Appellate Practice and Process

No abstract provided.


The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins Apr 2002

The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins

University of Arkansas at Little Rock Law Review

No abstract provided.


Possible, But Not Likely: Expedited Appeals In Massachusetts, Davalene Cooper Apr 2002

Possible, But Not Likely: Expedited Appeals In Massachusetts, Davalene Cooper

The Journal of Appellate Practice and Process

No abstract provided.