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1992

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Institution
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Articles 121 - 150 of 212

Full-Text Articles in Courts

Reagan, Bush And The Supreme Court, Arthur J. Kropp Jan 1992

Reagan, Bush And The Supreme Court, Arthur J. Kropp

University of Richmond Law Review

What may be the most significant achievement of the Reagan-Bush years is one we have only begun to appreciate: the radical revolution in the federal courts. After nearly three terms of conservative presidents bent on remaking the federal judiciary, the courts have been transformed. They are far more conservative, and, despite Administration rhetoric to the contrary, decidedly more activist.


A Social-Conservative Comment On The New Supreme Court, Gary L. Bauer Jan 1992

A Social-Conservative Comment On The New Supreme Court, Gary L. Bauer

University of Richmond Law Review

I recall seeing a column, not long ago, which referred to the Supreme Court as increasingly "a right-wing playground." Liberal groups may be able to raise funds off this impression, but if conservatives rely on it, they are in for a rude awakening when the gavel falls.


Saving The Honorable Court: Assessing The Proper Role Of The Modern Supreme Court, Michael Allan Wolf Jan 1992

Saving The Honorable Court: Assessing The Proper Role Of The Modern Supreme Court, Michael Allan Wolf

University of Richmond Law Review

There are few greater delights in legal scholarship than the opportunity to have the last word in a symposium featuring distinguished - and dramatically differing - viewpoints. The thirteen contributions that precede this afterword offer a provocative and representative set of reactions to the ongoing debate over the role of the Supreme Court in the American polity. This debate is by no means new, or even middle-aged. The struggle over the confirmation of Associate Justice Clarence Thomas is but the latest in a long line of pressure points in American constitutional history - events such as controversial Supreme Court decisions, …


Cameras In Virginia Courtroom, Teresa D. Keller Jan 1992

Cameras In Virginia Courtroom, Teresa D. Keller

University of Richmond Law Review

On July 1, 1992, Virginia joined forty other states by allowing cameras into state courtrooms on a permanent basis. A pilot program had been underway since 1987, allowing news coverage by television cameras, audio recorders, and still cameras in a handful of state courtrooms. Lawmakers had extended the experiment twice, delaying a permanent decision in the face of varying opinions about the success of the program. The Supreme Court of Virginia issued two reports over the five year span indicating the pilot program had produced a negative effect on the judicial process. Broadcasters, on the other hand, consistently claimed the …


Litigation As A Predatory Practice, Gary Myers Jan 1992

Litigation As A Predatory Practice, Gary Myers

Faculty Publications

This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.


International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick Jan 1992

International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick

Michigan Journal of International Law

This article will catalogue the various contexts in which United States courts have agreed or refused to follow international human rights law, treating separately the larger number of cases concerning customary norms, the relatively small group of cases relating to human rights treaties, and the cases in which international norms are referenced without regard to their status as binding law. In each of these sections we will analyze areas of confusion, disagreement, or under-development in international legal doctrine that impede the productive use of human rights norms by domestic courts. We will also compare the approaches of United States courts …


Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton Jan 1992

Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton

Faculty Scholarship

Part I of this Article describes the administrative structure of the Eastern District of Virginia and its case management practices. Part II demonstrates that, despite the Eastern District of Virginia's status as one of the busiest federal district courts, it has consistently been one of the most efficient and effective federal courts in the nation. As a result, in Part III, this Article concludes that the experience of the Eastern District of Virginia raises many questions about the premises underlying the Civil Justice Reform Act, the proposed amendments to the Federal Rules, and the means by which Congress and the …


Judicial Review Of The Compensation Law In Hungary, Peter Paczolay Jan 1992

Judicial Review Of The Compensation Law In Hungary, Peter Paczolay

Michigan Journal of International Law

This article analyzes the Hungarian Constitutional Court's decisions regarding a specific problem of property rights, namely the Compensation Law. It does not attempt to examine the details of broad subjects such as property rights or privatization.


The Economics Of Law-Related Labor V: Judicial Careers, Judicial Selection, And An Agency Cost Model Of The Judicial Function, Linz Audain Jan 1992

The Economics Of Law-Related Labor V: Judicial Careers, Judicial Selection, And An Agency Cost Model Of The Judicial Function, Linz Audain

American University Law Review

No abstract provided.


Problems In Imposing Extended-Term Sentences Under Section 5-5-3.2(B)(2) Of The Unified Code Of Corrections, 25 J. Marshall L. Rev. 491 (1992), Iain D. Johnston Jan 1992

Problems In Imposing Extended-Term Sentences Under Section 5-5-3.2(B)(2) Of The Unified Code Of Corrections, 25 J. Marshall L. Rev. 491 (1992), Iain D. Johnston

UIC Law Review

No abstract provided.


The Judge As Political Candidate, Hans A. Linde Jan 1992

The Judge As Political Candidate, Hans A. Linde

Cleveland State Law Review

Judges are expected to satisfy two conflicting ideals. First, they are to follow the law without fear or favor, regardless of personal sympathies and preferences, to "adjudicate" rather than to "legislate." Second, they are to reach results that are preferred by or at least acceptable to their communities. The first ideal requires judicial independence and job security. Elective judgeships are sometimes defended as serving the second. We have gone through a third public examination of a Supreme Court nominee in which the Senate and the public considered it important to question the nominee about his views of the major issues …


A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle Jan 1992

A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle

Michigan Journal of International Law

This article briefly examines the principal expropriatory measures undertaken between 1945 and 1989, the agreements between the two German governments relating thereto, and the divisive constitutional issues raised by this fusion of two antithetical legal systems in the area of property law. The text concludes with an analysis of the German Supreme Court's "Land Reform" decision and the juridical controversy surrounding it.


Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.


Introduction, Honorable Leon D. Lazer Jan 1992

Introduction, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.


Muncipal Law, Honorable Leon D. Lazer Jan 1992

Muncipal Law, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.


Civil Rights Act Of 1991, William L. Taylor Jan 1992

Civil Rights Act Of 1991, William L. Taylor

Touro Law Review

No abstract provided.


Corporate Pro-Choice: New York Assumes An Anti-Takover Position, Paula Walter Jan 1992

Corporate Pro-Choice: New York Assumes An Anti-Takover Position, Paula Walter

Touro Law Review

No abstract provided.


The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus Jan 1992

The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus

Touro Law Review

No abstract provided.


Content Of Appropriation Bills Jan 1992

Content Of Appropriation Bills

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Election And Term Of City And County Officers Jan 1992

Election And Term Of City And County Officers

Touro Law Review

No abstract provided.


Equal Protection Jan 1992

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1992

Equal Protection

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.