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Articles 151 - 180 of 214
Full-Text Articles in Courts
Filling The Federal Courts In An Election Year, Carl W. Tobias
Filling The Federal Courts In An Election Year, Carl W. Tobias
Law Faculty Publications
President Bill Clinton appointed unprecedented numbers and percentages of highly qualified female and minority lawyers to the federal bench during his initial half-term in office, substantially surpassing the records of Presidents Ronald Reagan, George Bush and Jimmy Carter. The Clinton administration invoked an efficacious, uncontroversial selection process and filled a significant percentage of the 113 judicial openings that existed when it assumed office.
Some federal court observers questioned whether the Chief Executive could maintain this commendable record during his presidency's third year. More specifically, they wondered if Republican Party control of the United States Senate, which must approve nominees, and …
Human Rights, International Law, And Domestic Courts, Edward D. Re
Human Rights, International Law, And Domestic Courts, Edward D. Re
Cardozo Journal of International and Comparative Law
The article explores the role of domestic courts, particularly in the United States, in enforcing international human rights norms and the challenges posed by sovereign immunity. It argues that U.S. courts should give greater effect to international legal norms, especially in cases involving human rights violations by foreign states. The analysis critiques the U.S. Supreme Court's narrow interpretation of the Foreign Sovereign Immunities Act (FSIA) in Saudi Arabia v. Nelson and advocates for a more expansive approach to ensure accountability for human rights abuses.
The Myth Of Testamentary Freedom, Melanie B. Leslie
Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci
Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci
Michigan Journal of International Law
Part II of this article analyzes the statutory authority for reparations in the Inter-American system in light of the legislative history of the American Convention's reparations provision and compares that authority with that provided for in the European human rights system. Part III sets forth the Inter-American Court's procedures for determining reparations once State responsibility has been established. Part IV evaluates the parties who may receive reparations. Part V analyzes the types of reparations provided generally under international law and specifically in the Inter-American system. Part VI criticizes the Court's determination to grant only a small share of the reparations …
Service Of U.S. Punitive Damages Complaint Passes Constitutional Muster In Germany, Ingrid L. Lenhardt
Service Of U.S. Punitive Damages Complaint Passes Constitutional Muster In Germany, Ingrid L. Lenhardt
Vanderbilt Journal of Transnational Law
In today's global market, disputes between U.S. and foreign parties have become a common occurrence. Courts in the United States, as well as other nations, frequently face new and complex international litigation problems. A common problem for many courts centers on the practical, mechanical requirements of bringing a lawsuit.
In this Article, the author examines the service of process of U.S. complaints for punitive damages to residents of Germany. In particular, Ms. Lenhardt analyzes the recent German Constitutional Court's ruling on international service of process. In addition, the author reviews the requirements of the Hague Convention on Service Abroad and …
Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel
Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel
Scholarly Works
Like any trend, ADR has its skeptics and even some opponents. Considerable debate exists regarding the degree to which the increasing ADRization of traditionally judicial activity amounts to triumph or tragedy, a point well-illustrated by the past Schwartz Lectures. In the 1993 Schwartz Lecture, Professor Laura Nader described the ADR movement as a byproduct of society's attempt to suppress or conceal uncomfortable conflicts. In the 1994 Lecture, Professor Judith Resnik essentially concluded that the modern ADR movement has brought a regrettable de facto closing of the court house (or at least raised barriers to entry) and replaced reflective decision-making about …
Can New York's New Commercial Division Resolve Business Disputes As Well As Anyone?, Robert L. Haig
Can New York's New Commercial Division Resolve Business Disputes As Well As Anyone?, Robert L. Haig
Touro Law Review
No abstract provided.
Rule 405: Methods Of Proving Character
Rule 408: Compromise And Offers To Compromise
Rule 412: Sex Offense Cases; Relevance Of Alleged Victim's Past Sexual Behavior Or Alleged Sexual Disposition
Touro Law Review
No abstract provided.
Rule 608: Evidence Of Character And Conduct Of Witnesses
Rule 608: Evidence Of Character And Conduct Of Witnesses
Touro Law Review
No abstract provided.
Rule 609: Impeachment By Evidence Of Conviction Of Crime
Rule 609: Impeachment By Evidence Of Conviction Of Crime
Touro Law Review
No abstract provided.
Rule 613: Prior Statements Of Witnesses
Rule 701: Opinion Testimony By Lay Witnesses
Rule 704: Opinion On Ultimate Issue
Rule 801(D)(1): Prior Statement By Witness
Rule 803(8)(C): Public Records And Reports
Rule 1001: The "Original Document" Rule
Rule 702: Testimony By Experts