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Articles 91 - 120 of 261
Full-Text Articles in Courts
Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann
Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson
The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson
Articles by Maurer Faculty
In our judicial structure, both courts of general jurisdiction and specialized courts are empowered to adjudicate federal income tax controversies. A proper relationship among those courts has proved difficult to forge and maintain. Absent an enduring intellectual and political consensus, institutional arrangements have been subject to recurring question and challenge.
Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown
Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Ultra Vires And The Foundations Of Judicial Review, Paul Craig
Ultra Vires And The Foundations Of Judicial Review, Paul Craig
Articles by Maurer Faculty
No abstract provided.
The Independence Of The Judicial Branch In The New Republic, Charles G. Geyh, Emily Field Van Tassel
The Independence Of The Judicial Branch In The New Republic, Charles G. Geyh, Emily Field Van Tassel
Articles by Maurer Faculty
No abstract provided.
Judicial Reliance On Regulatory Interpretations In Sec No-Action Letters: Current Problems And A Proposed Framework, Donna M. Nagy
Judicial Reliance On Regulatory Interpretations In Sec No-Action Letters: Current Problems And A Proposed Framework, Donna M. Nagy
Articles by Maurer Faculty
Judicial descriptions of SEC no-action letters have run the gamut from law, to orders, to rulings, to informal opinions, to prosecutorial decisions. This judicial failure to characterize no-action letters consistently is symptomatic of a more fundamental problem: many courts treat informal regulatory interpretations in no-action letters as interchangeable with formal and official regulatory interpretations that the full Commission has promulgated. Consequently, courts often defer automatically to the regulatory interpretations in no-action letters. In other words, many courts accept no-action letter authority as definitive interpretations of the federal securities statutes and SEC rules and regulations without independently analyzing the particular regulatory …
Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle
Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley
The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Elbert Parr Tuttle, Alfred C. Aman
Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann
Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Bankruptcy In The Seventh Circuit: 1995, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1995, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen
Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen
Articles by Maurer Faculty
No abstract provided.
Bankruptcy In The Seventh Circuit: 1994, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1994, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Fractured Procedure: The Civil Justice Reform Act Of 1990, Lauren K. Robel
Fractured Procedure: The Civil Justice Reform Act Of 1990, Lauren K. Robel
Articles by Maurer Faculty
Federal district courts have viewed the Civil Justice Reform Act of 1990 as a mandate to adopt procedural rules inconsistent with existing law. But in this article, Professor Robel argues that the Act neither compels nor authorizes such local deviations. Citing examples from reforms underway in district courts nationwide, Professor Robel contends that courts' assertions of broad rulemaking authority rest on a misreading of the Act and of the compromise between Congress and the judiciary that led to its passage. Professor Robel cautions that the goal of national uniformity underlying the Federal Rules of Civil Procedure should not be compromised …
Legality, Standing And Substantive Review In Community Law, Paul Craig
Legality, Standing And Substantive Review In Community Law, Paul Craig
Articles by Maurer Faculty
No abstract provided.
Conspiracy, Literalism, And Ennui At The Supreme Court: An Examination Of Bankruptcy Cases Decided From 1990- To 1993, Bruce A. Markell
Conspiracy, Literalism, And Ennui At The Supreme Court: An Examination Of Bankruptcy Cases Decided From 1990- To 1993, Bruce A. Markell
Articles by Maurer Faculty
No abstract provided.
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Bankruptcy In The Seventh Circuit: 1993, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1993, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
How To Save The National Priorities List From The D.C. Circuit -- And Itself, John S. Applegate
How To Save The National Priorities List From The D.C. Circuit -- And Itself, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Bankruptcy In The Seventh Circuit: 1992, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1992, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Recent Employment Law Decisions Of The Seventh Circuit And The Indiana Courts, Terry A. Bethel
Recent Employment Law Decisions Of The Seventh Circuit And The Indiana Courts, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Grass Roots Procedure: Local Advisory Groups And The Civil Justice Reform Act Of 1990, Lauren K. Robel
Grass Roots Procedure: Local Advisory Groups And The Civil Justice Reform Act Of 1990, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis
Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis
Articles by Maurer Faculty
In Malta v. Schulmerich Carillons Inc. a divided panel of the Federal Circuit affirmed a JNOV granted on a jury verdict of infringement under the doctrine of equivalents. In so doing, the panel majority confirmed the applicability of guidelines from previous cases for determining the threshold level of evidence necessary to get the equivalents issue to the jury. This paper argues that despite powerful criticism from the dissent, the common sense guidelines articulated in theMalta majority opinion are not only necessary, but are appropriate. Indeed, the paper argues that the Malta guidelines are fundamental to the equivalents analysis, and …
Court Reform: A View From The Bottom, Julia C. Lamber, Mary Lee Luskin
Court Reform: A View From The Bottom, Julia C. Lamber, Mary Lee Luskin
Articles by Maurer Faculty
No abstract provided.
Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann
Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford
Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
Bankruptcy In The Seventh Circuit: 1991, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1991, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Selecting Impartial Juries: Must Ignorance Be A Virtue In Our Search For Justice -- Welcome And Statement Of The Issue, Fred H. Cate, Newton N. Minow
Selecting Impartial Juries: Must Ignorance Be A Virtue In Our Search For Justice -- Welcome And Statement Of The Issue, Fred H. Cate, Newton N. Minow
Articles by Maurer Faculty
No abstract provided.
Law Reform By Courts, Legislatures, And Commissions Following Empirical Research On Jury Instructions, J. Alexander Tanford
Law Reform By Courts, Legislatures, And Commissions Following Empirical Research On Jury Instructions, J. Alexander Tanford
Articles by Maurer Faculty
Empirical research demonstrates that jurors have difficulty understanding and following traditional instructions about the law. The social science literature recommends several procedural reforms, including giving important instructions at the start of the trial and providing jurors with written instructions. This article examines changes in the law following the publication of this social science research, comparing courts, legislatures and rule-making commissions. Analysis reveals that although all three institutions are dominated by lawyers, they have acted differently. Commissions have made substantial changes in the law consistent with the recommendations of social scientists, legislatures have made few changes, and courts have changed case …
Bankruptcy In The Seventh Circuit: 1989-1990, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1989-1990, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.