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Articles 61 - 90 of 206
Full-Text Articles in Courts
Judicial Activism And The Administration Of Civil Rights Policy, Kenyon D. Bunch, Grant B. Mindle
Judicial Activism And The Administration Of Civil Rights Policy, Kenyon D. Bunch, Grant B. Mindle
Brigham Young University Education and Law Journal
No abstract provided.
When Courts Refuse To Frame The Law And Others Frame It To Their Will, Susan P. Koniak
When Courts Refuse To Frame The Law And Others Frame It To Their Will, Susan P. Koniak
Faculty Scholarship
In the aftermath of Kaye, Scholer, Fierman, Hays & Handler's settlement with the government,1 two versions of the story have emerged. The most popular version features the government actors as villains-villains with new and lethal weapons at their disposal, willing to enforce law that has leapt full grown from their heads like Zeus' child, law of which the rest of the civilized world was unaware. The counterstory, less often told but not without adherents, casts the lawyers of Kaye, Scholer as the villains: unscrupulous and greedy lawyers ready to break any rule, defile any process, twist any truth on …
Tightening Judicial Standards For Granting Foreign Discovery Requests, Ryan J. Earl
Tightening Judicial Standards For Granting Foreign Discovery Requests, Ryan J. Earl
BYU Law Review
No abstract provided.
Employment Division V. Smith And The Decline Of Supreme Court-Centrism, Ira C. Lupu
Employment Division V. Smith And The Decline Of Supreme Court-Centrism, Ira C. Lupu
BYU Law Review
No abstract provided.
Dialogue And Judicial Review, Barry Friedman
Dialogue And Judicial Review, Barry Friedman
Michigan Law Review
This article argues that most normative legal scholarship regarding the role of judicial review rests upon a descriptively inaccurate foundation. The goal of this article is to redescribe the landscape of American constitutionalism in a manner vastly different than most normative scholarship. At times this article slips across the line into prescription, but by and large the task is descriptive. The idea is to clear the way so that later normative work can proceed against the backdrop of a far more accurate understanding of the system of American constitutionalism.
This article proceeds in three separate parts. Parts I and II …
Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller
Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller
Michigan Journal of International Law
The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted by Congress in 1970 to combat organized crime in America. Since its enactment, it has been used extensively in both the civil and criminal arenas. With the participation of foreign corporations, foreign subsidiaries, and foreign actors in general in the U.S. economy, it is only a matter of time before foreign defendants will be sued under RICO. This Note will discuss whether RICO should be applied extraterritorially: that is, whether federal courts should assume jurisdiction over foreign entities as defendants in RICO claims. First, RICO's language, legislative history and application …
South Carolina's Largest Slave Auctioneering Firm, Thomas D. Russell
South Carolina's Largest Slave Auctioneering Firm, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
This article presents the original finding that South Carolina's legal system conducted a majority of the state's slave auctions during the antebellum years.Courts conducted slave auctions in several circumstances. Sheriffs sold the property of debtors; and courts also conducted or supervised sales in order to divide estates. Drawing upon extensive empirical analysis of primary sources in various South Carolina archives, this article compares the total number of slaves sold at court-ordered or court-supervised sales with the best empirical estimates for private slave sales - whether at auction or not. The conclusion is that the courts acted as the state's greatest …
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
Touro Law Review
No abstract provided.
Introduction, Howard A. Glickstein, Honorable Leon D. Lazer
Introduction, Howard A. Glickstein, Honorable Leon D. Lazer
Touro Law Review
No abstract provided.
A Note To Our Readers, The Editors