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Articles 121 - 150 of 206
Full-Text Articles in Courts
Ineffective Assistance Of Counsel
Grand Jury Charges Delivered By Supreme Court Justices Riding Circuit During The 1790s, David J. Katz
Grand Jury Charges Delivered By Supreme Court Justices Riding Circuit During The 1790s, David J. Katz
Cardozo Law Review
No abstract provided.
Judicial Independence, Adequate Court Funding, And Inherent Judicial Powers, Jeffrey Jackson
Judicial Independence, Adequate Court Funding, And Inherent Judicial Powers, Jeffrey Jackson
Maryland Law Review
No abstract provided.
Review Of The Supreme Court's 1992-93 Term For The Transnational Practitioner, J. Clark Kelso
Review Of The Supreme Court's 1992-93 Term For The Transnational Practitioner, J. Clark Kelso
McGeorge School of Law Scholarly Articles
No abstract provided.
World-Wide Volkswagen V. Woodson-The Rest Of The Story, Charles Adams
World-Wide Volkswagen V. Woodson-The Rest Of The Story, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Rethinking Federal Judicial Selection, Carl W. Tobias
Rethinking Federal Judicial Selection, Carl W. Tobias
Law Faculty Publications
The inauguration of President Bill Clinton, who will appoint more than three hundred new federal judges, affords an auspicious occasion for rethinking the process of federal judicial selection. The current federal bench, two-thirds of whose members were appointed by Presidents Ronald Reagan and George Bush, reflects increased conservatism and is quite homogeneous in terms of race, gender, and political perspectives. For instance, President Reagan appointed a dramatically smaller, and President Bush named a substantially lower, percentage of African-Americans than did President Jimmy Carter. The Republican chief executives made these appointments although they had much larger, more experienced, pools of female …
New Rule 50 May End Directed Verdicts For Plaintiffs, Michael J. Waggoner
New Rule 50 May End Directed Verdicts For Plaintiffs, Michael J. Waggoner
Publications
No abstract provided.
The Habeas Hagioscope, Larry Yackle
The Habeas Hagioscope, Larry Yackle
Faculty Scholarship
If you would understand American law, American politics, and the elusive difference between the two, look no further. Federal habeas corpus for state prisoners opens a window on the workings of our national government, overt and covert. I mean in this Article to describe the scene that is revealed. A rich account of experience in recent years can contribute to a deeper understanding of our government by arranging the players and the set in context and sequence. The record will show a number of things to be true.
The Gender Gap On The Montana State Bench, Carl W. Tobias
The Gender Gap On The Montana State Bench, Carl W. Tobias
Law Faculty Publications
Governor Racicot should expeditiously and forcefully act to remedy the gender gap on the state courts for many reasons. First, there is a significant, highly qualified, pool of female attorneys in Montana who could render excellent judicial service. Numerous women have participated in the types of rigorous legal practices which would prepare them well for the bench. These female lawyers are intelligent, industrious, and independent, while they have exhibited the kind of impeccable integrity and appropriately measured judicial temperament to be fine judges. Some of the attorneys have engaged in challenging public law practices, others have been involved in rigorous …
Abortion And The Pied Piper Of Compromise, Annette E. Clark
Abortion And The Pied Piper Of Compromise, Annette E. Clark
Faculty Articles
In this article, Professor Clark offers a detailed analysis of the controversy among legal scholars which has long surrounded the issue of legal regulation of abortion. Professor Clark begins by focusing on a recent book by Professor Laurence Tribe, Abortion: The Clash of Absolutes. She argues that although Tribe claims to seek a compromise solution to the abortion problem, he fails in this pursuit both because he does not truly search for compromise and because he is unwilling to explore intermediate moral or legal positions that are not acceptable to either the pro-choice or pro-life movements. In contrast, Professor Clark …
A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin
A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin
Cardozo Journal of Equal Rights & Social Justice
The article critiques the decriminalization of prostitution, arguing that it fails to address the systemic exploitation and violence faced by women in prostitution. The author contends that decriminalization would empower pimps, johns, and legal systems to further exploit women, as it legitimizes their power dynamics. The analysis emphasizes the need to prioritize the survival and empowerment of prostituted women over legal reforms that benefit their exploiters.
Opt-Outs At The Outlaw Inn: A Report From Montana, Carl W. Tobias
Opt-Outs At The Outlaw Inn: A Report From Montana, Carl W. Tobias
Law Faculty Publications
Report of Prof. Tobias' CLE presentation at the Montana State Bar Association's annual meeting, highlighting the 1993 revisions to the Federal Rules of Civil Procedure and the Civil Justice Reform Act.
Keeping The Covenant On The Federal Courts, Carl W. Tobias
Keeping The Covenant On The Federal Courts, Carl W. Tobias
Law Faculty Publications
When Governor Clinton was campaigning for the presidency, he contended that the federal court appointments of President Ronald Reagan and President George Bush significantly reduced the diversity that President Jimmy Carter had strongly promoted. Candidate Clinton pledged, if elected President, to rectify that situation. Since the election, Bill Clinton has fulfilled his promise by naming to the judiciary outstanding attorneys who reflect the diverse composition of American society. Now that President Clinton has completed his initial year of service, it is important to analyze the Clinton Administration's record of choosing judges to ascertain precisely how the President has kept his …
Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg
Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
No abstract provided.
German Constitutional Culture In Transition, Bernhard Schlink
German Constitutional Culture In Transition, Bernhard Schlink
Cardozo Law Review
No abstract provided.
The Federal Circuit: Judicial Stability Or Judicial Activism?, Introduction To A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, The Honorable Pauline Newman
The Federal Circuit: Judicial Stability Or Judicial Activism?, Introduction To A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, The Honorable Pauline Newman
American University Law Review
No abstract provided.
Federal Circuit Trademark Roundup, Jerome Gilson, Andrew Hartman
Federal Circuit Trademark Roundup, Jerome Gilson, Andrew Hartman
American University Law Review
No abstract provided.
Government Contracts: 1992 Analysis And Summary, Victor J. Zupa, Brian J. Siebel
Government Contracts: 1992 Analysis And Summary, Victor J. Zupa, Brian J. Siebel
American University Law Review
No abstract provided.
Constitutionalism, Judicial Review, And The World Court, Geoffrey R. Watson
Constitutionalism, Judicial Review, And The World Court, Geoffrey R. Watson
Scholarly Articles
This Article considers whether the World Court can and should review the validity of acts of the Security Council and General Assembly. Part I argues that the text and negotiating history of the U.N. Charter leave room for the World Court to exercise at least some power of judicial review but do not delineate the precise scope or effect of such review. Part II asserts that the World Court has in fact repeatedly exercised a power of judicial review, albeit deferentially, over acts by the Security Council and the General Assembly. Part III argues that the World Court can review …