Courts Commons^™

Terry, Race, And Judicial Integrity: The Court And Suppression During The War On Drugs, Jack B. Weinstein, Mae Quinn

Journal Articles

No abstract provided.

[1997] Enforcement Of Foreign Judgments, Roger P. Alford, Christopher Gibson

Journal Articles

From the Article

As was the case last year, neither the Supreme Court nor Congress addressed the general area of enforcement of foreign judgments in 1997. The new cases therefore continue to reflect the well established comity principles articulated in the Supreme Court's seminal 1895 decision in Hilton v. Guyot. Several developments occurred with respect to two cases that were discussed in last year's section, and these cases are given first treatment below.

[1997 Developments Concerning] International Courts And Tribunals, Roger P. Alford, Peter H.F. Bekker

Journal Articles

The most significant developments in 1997 regarding international courts and tribunals are reviewed herein, particularly events relating to the International Court of Justice, the United Nations Compensation Commission (a quasi-tribunal), the International Tribunal for the Law of the Sea, the Iran-United States Claims Tribunal, and the proposed permanent International Criminal Court. Other significant developments relating to the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, and dispute settlement within the World Trade Organization are detailed in other reports in this issue.

Does A Conspiracy To Terminate At-Will Employment Constitute An Injury To Property? An Analysis Of Haddle V. Garrison, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Haddle v. Garrison, 525 U.S. 121 (1998). The author expected the Court to determine whether the termination of an at-will employee can be compensible under 42 U.S.C. § 1985, one of the Reconstruction Era Civil Rights Act.

Who's Responsible? Employer Liability For Supervisors' Hostile-Environment Sexual Harassment: An Analysis Of Faragher V. City Of Boca Raton, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Faragher v. City of Boca Raton, 524 U.S. 775 (1998). The author expected the Court to address the issue of under what circumstances an employer is liabile under title VII of the Civil Rights Act of 1964 for a supervisor's sexual harassement that creates a hostile work environment.

[1996 Developments Concerning] International Courts And Tribunals, Roger P. Alford, Keith Highet, Peter H.F. Bekker

Journal Articles

The most significant developments in 1996 regarding international courts and tribunals are reviewed herein, particularly events relating to the International Court of Justice, the European Court of Justice, and the proposed Permanent International Criminal Court. Other significant developments relating to the International Criminal Court for the Former Yugoslavia, the International Criminal Court for Rwanda, and the World Trade Organization are detailed in other reports in this issue.

The Secret Lives Of The Four Horsemen, Barry Cushman

Journal Articles

"Outlined against red velvet drapery on the first Monday of October, the Four Horsemen rode again. In dramatic lore they are known as Famine, Pestilence, Destruction, and Death. These are only aliases. Their real names are Van Devanter, McReynolds, Sutherland, and Butler. They formed the crest of the reactionary cyclone before which yet another progressive statute was swept over the precipice yesterday morning as a packed courtroom of spectators peered up at the bewildering panorama spread across the mahogany bench above." Or so Grantland Rice might have written, had he been a legal realist. For more than two generations scholars …

The Scope Of Employer Liability For Employee Exposure To A Hazardous Substance: No Harm, No Foul? An Analysis Of Metro-North Commuter R.R. Co. V. Buckley, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Metro-North Commuter R.R. Co. v. Buckley, 521 U.S. 424 (1997). The author expected the Court to decide whether a railroad worker who is covered by the Federal Employer's Liability Act who has been exposed to asbestos because of employer negligence but who has not developed an asbestos-related disease can recover damages for emotional distress caused by the exposure.

Justice Delayed Is Justice Denied: May A Prisoner's Challenge To Parole Revocation Be Delayed Until The Sentence Is Completed And Then Dismissed As Moot?, Jimmy Gurulé

Journal Articles

A preview of Spencer v. Kemna, a 1997 Supreme Court case where a prison inmate challenged the revocation of his parole by the state of Missouri. This case is significant because the inmate initiated his challenge while in prison and continued it after he had served his sentence and was released. Substantial confusion exists in case law regarding whether such a challenge would be considered moot after the inmate had completed serving his or her sentence. At issue is if the “collateral consequences” rule applies to challenges against parole revocations. The Court has ruled that challenges by individuals against their …

Un Commission To Rule On Extent Of Corporate Claims Against Iraq, Roger P. Alford, Anthony Gardner, Richard Weiner

Journal Articles

The U N Compensation Commission set up to investigate Gulf War claims must make sure that pre-invasion Iraqi debts are given the same importance as war damage, argue Anthony Gardner, Roger Alford and Richard Weiner, of Hogan & Hartson LLP, Brussels and Washington.

The More Things Change…: Superficial State Constitutional Analysis At The New York Court Of Appeals, James A. Gardner

Journal Articles

No abstract provided.

Corrections Day, John Copeland Nagle

Journal Articles

In July 1995, the House of Representatives established a Corrections Day procedure for fixing statutory mistakes. This article traces the history of the corrections day idea, beginning with suggestions offered by Justices Cardozo and Ginsburg many years apart. The article also recounts the early applications of Correction Day by the House. This article describes the problem of statutory mistakes: what they are, and who makes them. It explains that statutory mistakes do exist, regardless of how one defines mistake. Congress, agencies, and the courts all make mistakes, though the responsibility for them ultimately resides with Congress, the author of the …

How To Count To Fifteen: Determining The Jurisdictional Scope Of Title Vii: An Analysis Of Walters V. Metropolitan Educational Enterprises Inc., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Walters v. Metropolitan Educational Enterprises, Inc., 519 U.S. 202 (1997). The author expected the Court to consider how the number of employees of a particular employer should be counted for for purposes of Title VII of the Civil Rights Act of 1964.

Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurulé

Journal Articles

A preview of Melendez v. United States, a 1996 Supreme Court case in which a convicted cocaine dealer appealed his mandatory 10 year sentence under the federal statutes on the grounds that he had cooperated with the prosecutor. While the United States Congress has authorized courts to impose sentences below the mandatory minimum set by the statutes and the Federal Sentencing Guidelines for defendants who provide substantial cooperation with the prosecution, courts can only do so at the request of the prosecutor. At issue in this case, where the prosecutor requested a sentence lower than the Guidelines minimum but not …

Will The Supreme Court Sound The Death Knell For Political Patronage? An Analysis Of O'Hare Truck Services, Inc. V. City Of Northlake, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case O'Hare v. City of Northlake, 518 U.S. 712 (1996). The author expected the Court to analyze whether political patronage infringes on First Amendment rights.

The Double Jeopardy Dilemma: Does Criminal Prosecution And Civil Forfeiture In Separate Proceedings Violate The Double Jeopardy Clause?, Jimmy Gurulé

Journal Articles

A preview of two 1996 Supreme Court cases. In the first case, US v. Ursery, a convicted narcotics dealer filed a motion to dismiss his criminal sentence on the grounds that it had violated the double jeopardy clause because he had already received a civil forfeiture judgment for the same crime. The second case, US v. $405,089.23, involves a similar situation, with a convicted felon filing a motion to dismiss his civil forfeiture case on the grounds that he had received a criminal sentence for the same crime earlier. The article argues that the two cases are significant because the …

Direct Democracy And Hastily Enacted Statutes, John Copeland Nagle

Journal Articles

Phil Frickey qualifies as the leading explorer of the borderline between statutory interpretation and constitutional law. Frickey explores ways to mediate the borderline between statutory interpretation and constitutional adjudication in the context of direct democracy. His is an enormously helpful attempt to reconcile the constitutional issues discussed by Julian Eule and the statutory interpretation issues discussed by Jane Schacter. I agree with many of Frickey's suggestions. Indeed, I will suggest some additional devices that can perform the same role. But I wonder whether Frickey has proved more than he set out to accomplish. The problems of direct democracy are special, …

Multiple Punishment For Similar Crimes: Is The Double Jeopardy Clause Violated?, Jimmy Gurulé

Journal Articles

Criminal defendants often are charged and convicted of multiple offenses. And often one offense is a lesser included offense of another, which means that proving one offense proves the other. If the offender is sentenced for both crimes, is the prohibition against double jeopardy violated? That is the question the Supreme Court addresses in this drug trafficking case, a case in which two concurrent life imprisonment sentences were imposed for virtually the same conduct.

Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Tang Thi Thanh Trai Le

Journal Articles

In 1986 Congress amended the Fair Debt Collection Practices Act to include attorneys under the definition of debt collector. Now the Supreme Court is asked to determine if the law applies to attorneys suing debtors on behalf of clients, not just when they conduct debt-collection activities.

If the Supreme Court affirms the decision of the Seventh Circuit, thus finding for Jenkins, attorneys who litigate cases involving collection of debts may find themselves subject to liability for communications with the consumer or the consumer's attorney regarding the litigation. Furthermore, these attorneys would face personal liability for any violations of the Act …

An Independent Contractor Speaks His Mind: Can He Lose His Government Contract? An Analysis Of Heiser V. Umbehr, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Heiser v. Umbehr, 515 U.S. 1172 (1995). The author expected the Court to consider whether, and to what extent, a governmental unit can take into account an independent contractor's poltical speech in making decisions regarding the award or termination of government contracts.

Can A Deficiency Notice To A Non-Filing Taxpayer Shorten The Time To Claim A Refund In The Tax Court?, Matthew J. Barrett

Journal Articles

Each year, about three million people overpay their federal income taxes but don't file returns. Taxpayers usually have three years to claim a refund. When a non-filer waits more than two years before seeking a refund, the IRS often seeks more tax because the taxpayer has not filed. If the taxpayer appeals to the Tax Court to avoid paying the additional tax, the IRS says the refund period is only two years. Now the Supreme Court decides if a deficiency notice can shorten the time to claim a refund in the Tax Court.

Are Back Pay And Damages In Age Discrimination Cases Subject To Income Taxes?, Matthew J. Barrett

Journal Articles

The Internal Revenue Code excludes damages received "on account of personal injuries" from federal income taxation. In this case, the Supreme Court decides if back pay and damages received under the Age Discrimination in Employment Act qualify for this exclusion. The Court's decision could affect thousands of workers who have brought, or may bring, federal age discrimination claims after losing their jobs in downsizings. It may also resolve the tax status of punitive damages.

Opinion: In The Case Of Martha Nussbaum, Gerard V. Bradley

Journal Articles

From the article, "This is the story of Martha Nussbaum's part in the Colorado trial [Amendment 2 adopted Nov. 1992]. The reader will want to keep in mind the distinction between advocacy and scholarship, assuming there is still such a distinction in the contemporary academy. Equally important for this story are distinctions between misstatement, misrepresentation, and deliberate falsehood."

'If I Knew Then What I Know Now': The Role Of After-Acquired Evidence In Employment Discrimination Cases: An Analysis Of Mckennon V. Nashville Banner, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case McKennon v. Nashville Banner Publishing Company, 513 U.S. 352 (1995). The author expected the Court to address whether after acquired evidence of employee misconduct is a complete defense for an employer's termination decision which would otherwise violate the Age Discrimination in Employment Act or is it relevant only to the scope of the remedy afforded to an employee terminated in violation of the Act.

Can The Government Change Tax Laws Retroactively?, Matthew J. Barrett

Journal Articles

This case presents an issue regarding the constitutionality of retroactive taxes. In December 1987, to correct a drafting oversight, Congress retroactively amended the requirements of a federal estate tax deduction enacted in October 1986. The Ninth Circuit, using a lenient test, invalidated the amendment’s retroactive application to a December 1986 transaction. Now the case is before the Supreme Court whose decision should indicate whether the Court will relax the almost overwhelming barriers to a successful attack on retroactive taxation established by its earlier cases.

Professional Employee Or Supervisory Employee: Are Nurses Protected By The Nlra? An Analysis Of Nlrb V. Health Care & Retirement Corp., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case NLRB v. Health Care and Retirement Corp. of America, 511 U.S. 571 (1994). The National Labor Relations Act protects employees' right to unionize and their actions aimed at improving working conditions. The Act does not, however, protect supervisory employees on the premise that employers deserve the undivided loyalty of their agents. In this case, the Court is asked to decide if nurses who direct the work of aides and orderlies are employees protected from discharge in their efforts to improve working conditions, or are supervisors who can be fired for such conduct.

Pretext Or Pretext-Plus: What Must A Plaintiff Prove To Win A Title Vii Lawsuit? An Analysis Of St. Mary's Honor Center V. Hicks, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case St. Mary's Honor Center v. Hicks, 509 U.S. 502 (1993). The author expected the Court to address whether, in the context of an employment discrimination case under Title VII of the Civil Rights Act of 1964, a plaintiff should prevail upon proof that the legitimate, non-discriminatory reasons advanced by the defendant as its motives for an adverse employment action are pretextural.

Does Sexual Harassment Require Proof Of Psychological Injury? An Analysis Of Harris V. Forklift Systems, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993). The author expected the Court to address whether, under Title VII the Civil Rights Act of 1965, a plaintiff is required to prove that he or she suffered psychological injury as a result of sexual harassment in the workplace in order to prove a hostile-environment.

Does Sec Rule 10b-5 Provide An Implied Private Right Of Action For Aiding And Abetting Securities Fraud?, Matthew J. Barrett

Journal Articles

This case concerns the civil liability of persons who aid and abet securities fraud in violation of federal law. First, the Supreme Court will decide if federal securities law recognizes an implied private right of action against those who aid and abet securities fraud. Second, if the Court concludes that there is a private right of action, it is asked to decide if recklessness satisfies the mental-state requirement which lower courts have held is a prerequisite for imposing civil liability.

National Socialism And The Rule Of Law, Donald P. Kommers

Journal Articles

Ingo Muller's book, originally published in 1987 as Furchtbare Juristen: Die unbewaltigte Vergangenheit unserer Justiz (literally "Dreadful Jurists: The Remorseless Past of Our Judiciary"), describes the moral collapse of the German legal profession and its role in facilitating the construction and maintenance of the Nazi regime. Gracefully translated by Deborah Lucas Schneider, Hitler's Justice seeks, first, to show how legal professionals betrayed their trust as lawyers, prosecutors, and judges and, second, to assess the degree to which Germany in the postwar period reformed its legal system, purged the judiciary of former Nazis, and rededicated itself to the rule of law. …