Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (41)
- Supreme Court of the United States (38)
- Judges (30)
- International Law (26)
- Jurisprudence (25)
-
- Legislation (25)
- Criminal Law (23)
- Criminal Procedure (21)
- Litigation (21)
- Legal History (18)
- Legal Profession (16)
- Jurisdiction (14)
- Comparative and Foreign Law (13)
- Evidence (13)
- Civil Procedure (12)
- Civil Rights and Discrimination (10)
- Family Law (10)
- Law and Society (10)
- Legal Writing and Research (9)
- Labor and Employment Law (7)
- Law and Race (7)
- Business Organizations Law (6)
- Human Rights Law (6)
- Law and Gender (6)
- Military, War, and Peace (6)
- State and Local Government Law (6)
- Torts (6)
- Dispute Resolution and Arbitration (5)
- Institution
-
- University of Michigan Law School (38)
- University of Arkansas Little Rock (25)
- Maurer School of Law: Indiana University (19)
- UIC School of Law (13)
- Yeshiva University, Cardozo School of Law (13)
-
- Cornell University Law School (10)
- Fordham Law School (10)
- New York Law School (9)
- William & Mary Law School (9)
- American University Washington College of Law (7)
- Seattle University School of Law (7)
- University of Baltimore Law (7)
- University of Richmond (7)
- Duke Law (6)
- University of San Diego (5)
- Brigham Young University Law School (4)
- Columbia Law School (4)
- Notre Dame Law School (4)
- University of Colorado Law School (4)
- Vanderbilt University Law School (4)
- BLR (3)
- Boston University School of Law (3)
- Brooklyn Law School (3)
- Georgetown University Law Center (3)
- UC Law SF (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Loyola University Chicago, School of Law (2)
- Mitchell Hamline School of Law (2)
- St. Thomas University College of Law (2)
- University of Georgia School of Law (2)
- Keyword
-
- Courts (19)
- Supreme Court advocacy (17)
- Supreme Court (16)
- First Supreme Court arguments (15)
- Judicial review (15)
-
- Problem-solving courts (12)
- United States Supreme Court (10)
- Congress (9)
- Federal government (9)
- Rehnquist Court (9)
- Judges (7)
- Constitutional law (6)
- Marbury v. Madison (6)
- Treaties (6)
- Congressional Power (5)
- Constitution (5)
- Discrimination (5)
- Separation of powers (5)
- Admissibility (4)
- Children (4)
- Community justice (4)
- Drug courts (4)
- Due process (4)
- Evidence (4)
- Federal courts (4)
- Federalism (4)
- Government (4)
- Judicial independence (4)
- Problem solving courts (4)
- Sixth Amendment (4)
- Publication
-
- The Journal of Appellate Practice and Process (24)
- Faculty Scholarship (19)
- Articles (14)
- Indiana Law Journal (14)
- Michigan Law Review (14)
-
- UIC Law Review (12)
- Cornell Law Faculty Publications (10)
- Fordham Urban Law Journal (10)
- Faculty Publications (9)
- All Faculty Scholarship (8)
- Law Faculty Publications (7)
- Seattle University Law Review (7)
- NYLS Law Review (6)
- Scholarly Articles in Law Reviews & Journals (6)
- Articles by Maurer Faculty (5)
- Michigan Journal of International Law (5)
- San Diego International Law Journal (5)
- Cardozo Law Review (4)
- Journal Articles (4)
- BYU Law Review (3)
- Cardozo Journal of International and Comparative Law (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Michigan Journal of Gender & Law (3)
- Publications (3)
- Scholarly Works (3)
- Cardozo Journal of Equal Rights & Social Justice (2)
- Cardozo Public Law, Policy & Ethics Journal (2)
- ExpressO (2)
- Faculty Articles (2)
- Nevada Law Journal (2)
- Publication Type
Articles 91 - 120 of 252
Full-Text Articles in Courts
Intervening In The Case (Or Controversy): Article Iii Standing, Rule 24 Intervention, And The Conflict In The Federal Courts, Tyler R. Stradling, Doyle S. Byers
Intervening In The Case (Or Controversy): Article Iii Standing, Rule 24 Intervention, And The Conflict In The Federal Courts, Tyler R. Stradling, Doyle S. Byers
BYU Law Review
No abstract provided.
Ub Viewpoint – Creation Of A Caring Justice System, Barbara A. Babb
Ub Viewpoint – Creation Of A Caring Justice System, Barbara A. Babb
All Faculty Scholarship
No abstract provided.
Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder
Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Michigan Law Review
Cass Sunstein and Adrian Vermeule argue in Interpretation and lnstitutions that judicial interpretation of statutes and constitutions should take account both of the institutional framework within which interpretation takes place and of the consequences of different styles of interpretation; they further argue that this point has been neglected by previous scholars. The first half of the thesis is correct but obvious; the second half, which the authors state in terms emphatic to the point of being immodest, is incorrect. Moreover, the authors offer no feasible suggestions for how the relation between interpretation and the institutional framework might be studied better …
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Michigan Law Review
Suppose that a statute, enacted several decades ago, bans the introduction of any color additive in food if that additive "causes cancer" in human beings or animals. Suppose that new technologies, able to detect low-level carcinogens, have shown that many potential additives cause cancer, even though the statistical risk is often tiny - akin to the risk of eating two peanuts with governmentally-permitted levels of aflatoxins. Suppose, finally, that a company seeks to introduce a certain color additive into food, acknowledging that the additive causes cancer, but urging that the risk is infinitesimal, and that if the statutory barrier were …
Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrien Vermeule
Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrien Vermeule
Michigan Law Review
In law, problems of interpretation can be explored at different levels of generality. At the most specific level, people might urge that the Equal Protection Clause forbids affirmative action, or that the Food and Drug Act applies to tobacco products. At a higher level of generality, people might argue that the Equal Protection Clause should be interpreted in accordance with the original understanding of its ratifiers, or that the meaning of the Food and Drug Act should be settled with careful attention to its legislative history. At a still higher level of generality, people might identify the considerations that bear …
The Provenance Of The Federal Courts Improvement Act Of 1982, Richard Henry Seamon
The Provenance Of The Federal Courts Improvement Act Of 1982, Richard Henry Seamon
Articles
No abstract provided.
Contractual Choice Of Law And The Prudential Foundations Of Appellate Review, David Frisch
Contractual Choice Of Law And The Prudential Foundations Of Appellate Review, David Frisch
Vanderbilt Law Review
Within the past decade, professional organizations interested in making the law better suited to commercial transactions have begun to advocate the proposition that contracting parties should have almost unlimited power to choose the law to govern their relationship. The new choice-of-law framework resulting from these reform efforts will provide parties with an expanded menu of legal regimes from which to choose when drafting their contract and, in turn, will lead to a more frequent use of choice-of-law clauses. Indeed, some have even suggested that omitting such a clause may soon become malpractice for the commercial lawyer. Given both the trend …
Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick
Just The (Unweildy, Hard To Gether, But Nonetheless Essential) Facts, Ma'am: What We Know And Don't Know About Problem-Solving Courts, Greg Berman, Anne Gulick
Fordham Urban Law Journal
This article asses what is known and what remains to be understood about problem-solving courts. Specifically, the article asserts that drug courts serve a needy population, court mandated treatment programs have higher retention rates, those who participate longer have better outcomes, those in drug courts had lower rates of recidivism, drug use, and that graduated sanctions have statistically significant impact on offenders behavior, sanctions are crucial to the model's effectiveness, post-program studies are sparse, drug courts are less costly than traditional adjudication, but cost savings for jail and prison beds are less clear. The article also addresses questions that remain …
Unhappy Anniversary - Thirty Years Since Miller V. California: The Legacy Of The Supreme Court's Misjudgement On Obscenity, Daniel Mark Cohen
Unhappy Anniversary - Thirty Years Since Miller V. California: The Legacy Of The Supreme Court's Misjudgement On Obscenity, Daniel Mark Cohen
St. Thomas Law Review
If it is true, as Aristotle suggested, that man is by nature a political animal, the current state of American society demonstrates, to any who might doubt the proposition, that man is equally, if not more so, a sexual one. With successive blessings by the Supreme Court, and so, with legal and social impunity, the companion American realms of commerce and entertainment are now thoroughly suffused with images of an openly sexual nature and purpose. These images, generated with conscious calculation and without discrimination as to the age or interest of potential recipients, are employed primarily for pecuniary purpose-that is, …
Florida Legal History: The Courts And Law During The Civil War, Reconstruction And Restoration Eras, Robert W. Lee
Florida Legal History: The Courts And Law During The Civil War, Reconstruction And Restoration Eras, Robert W. Lee
St. Thomas Law Review
Florida's legal heritage includes a wide range of direct influences. Spanish law played a role in the establishment of Florida territorial law, which was gradually superseded by English common law. Florida's ties to the other southern states contributed to the development of local laws consistent with those of the Old South. Even today, the root of many existing Florida laws lies in these historical eras. Those seeking to interpret unclear law would be assisted in knowing the historical reasons behind particular legislation or court decisions. One remarkable era is that of the years from 1860 through 1880, a time of …
Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin
Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin
Fordham Urban Law Journal
This article reports on research conducted on the Red Hook Community Justice Center in Brooklyn, New York. It theorizes the structure and process of community justice, focusing on the model offered by community courts and examining how the Red Hook Community Justice Center's development and implementation are products of its immersion in the intersection of societal, spatial, and political dynamic within the Red Hook neighborhood. The article begins by reviewing the sociological perspectives that converge in the historical development of "community justice." It continues by setting forth a framework of social regulation and control that shapes the internal workings of …
Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick
Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick
Fordham Urban Law Journal
This article offers a number of suggestions concerning how judges should act in problem solving court contexts to spark the motivation of the individual to achieve rehabilitation and increase compliance with treatment. The proposals are derived from psychological literature in other contexts but further analysis and empirical research is needed. The article finds that therapeutic jurisprudence can contribute to the functioning of problem solving courts which can refine therapeutic jurisprudence approaches.
Due Process And Problem Solving Courts, Eric Lane
Due Process And Problem Solving Courts, Eric Lane
Fordham Urban Law Journal
This article addresses the model of the problem-solving courts, beginning with the 1989 Dade County, Florida drug court and the role of the pro-active problem solving judge as presented by Judge Lederman of the Dade County drug court. The article reviews the role of the pro-active problem-solving judge in light of the defendants due process rights. After reviewing several case studies, transcripts, and literature on the issue, the article concludes that problem-solving judging and lawyering need not be in conflict with due process standards.
Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick
Therapeutic Jurisprudence And Problem Solving Courts, Bruce J. Winick
Fordham Urban Law Journal
This article offers a number of suggestions concerning how judges should act in problem solving court contexts to spark the motivation of the individual to achieve rehabilitation and increase compliance with treatment. The proposals are derived from psychological literature in other contexts but further analysis and empirical research is needed. The article finds that therapeutic jurisprudence can contribute to the functioning of problem solving courts which can refine therapeutic jurisprudence approaches.
Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma
Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma
Faculty Scholarship
No abstract provided.
Does Lewis V. Casey Spell The End To Court-Ordered Improvement Of Prison Law Libraries?, Joseph L. Gerken
Does Lewis V. Casey Spell The End To Court-Ordered Improvement Of Prison Law Libraries?, Joseph L. Gerken
Law Librarian Journal Articles
The Supreme Court's decision in Lewis v. Casey raises the bar for advocates seeking court-ordered improvements in prison law libraries. Whether it dooms all such efforts to failure may well depend on the willingness of trial courts to take into account the realities of prisoners' pro se litigation.
No Bond, No Body, And No Return Of Service: The Failure To Honor Misdemeanor And Gross Misdemeanor Warrants In The State Of Washington, Hon. Philip J. Van De Veer
No Bond, No Body, And No Return Of Service: The Failure To Honor Misdemeanor And Gross Misdemeanor Warrants In The State Of Washington, Hon. Philip J. Van De Veer
Seattle University Law Review
This Article will first examine how the warrant system works in Washington and how jail overcrowding and prisoner litigation has hindered the ability of law enforcement to arrest defendants wanted on misdemeanor and gross misdemeanor warrants. Second, the scope of the problem will be documented, followed by an analysis of why limited jurisdiction judges are currently unable to adequately respond to the growing problem. Finally, the harms caused by the failure to execute warrants will be detailed, followed by a survey of options available to correct the problem.
Time Is Not On Your Side: Establishing A Consistent Statute Of Limitations For The Alien Tort Claims Act, David E. Chawes
Time Is Not On Your Side: Establishing A Consistent Statute Of Limitations For The Alien Tort Claims Act, David E. Chawes
Seattle University Law Review
This Comment argues that inconsistent application of limitations periods to ATCA claims does not provide sufficient and certain notice to potential parties to allow them to bring a timely claim, thereby potentially denying them an opportunity to receive a fair hearing in federal courts. Absent a U.S. Supreme Court ruling to provide consistent guidance on the applicable ATCA limitations period, Congress should amend the statute to provide a specific ten-year limitations period for most torts. Because both international and U.S. laws provide that murder committed as part of the crime of genocide has no statute of limitations," ATCA claims arising …
Recent Changes To Washington's Jury Trials: A Great System Made Even Better, Jeffrey C. Grant
Recent Changes To Washington's Jury Trials: A Great System Made Even Better, Jeffrey C. Grant
Seattle University Law Review
It was in this spirit that the Board of Judicial Administration created the Washington State Jury Commission in June 1999. The Commission's mandate was to "conduct a broad inquiry into the jury system and examine issues including ... juror responsiveness, citizen satisfaction from jury service, adequacy of juror reimbursement, and improving juror participation in trials." This Article sets forth a brief summary of the Commission's work and examines, in more detail, certain, specific recommendations of the Commission, including those that have been implemented and those that have not. In addition, this Article provides an update on the status of the …
Holmes, Common Law Theory, And Judicial Restraint, 36 J. Marshall L. Rev. 457 (2003), Frederic R. Kellogg
Holmes, Common Law Theory, And Judicial Restraint, 36 J. Marshall L. Rev. 457 (2003), Frederic R. Kellogg
UIC Law Review
No abstract provided.
Into The Abyss: How Party Autonomy Supports Overreaching Through The Exercise Of Unequal Bargaining Power, 36 J. Marshall L. Rev. 421 (2003), Pamela Edwards
Into The Abyss: How Party Autonomy Supports Overreaching Through The Exercise Of Unequal Bargaining Power, 36 J. Marshall L. Rev. 421 (2003), Pamela Edwards
UIC Law Review
No abstract provided.
Behind The Words: Interpreting The Hobbs Act Requirement Of "Obtaining Of Property From Another", 36 J. Marshall L. Rev. 295 (2003), Kristal S. Stippich
Behind The Words: Interpreting The Hobbs Act Requirement Of "Obtaining Of Property From Another", 36 J. Marshall L. Rev. 295 (2003), Kristal S. Stippich
UIC Law Review
No abstract provided.
The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover
UIC Law Review
No abstract provided.
Mandamus As A Weapon Of "Class Warfare" In Sixth Amendment Jurisprudence: A Case Comment On United States V. Santos, 36 J. Marshall L. Rev. 733 (2003), John F. Costello Jr.
Mandamus As A Weapon Of "Class Warfare" In Sixth Amendment Jurisprudence: A Case Comment On United States V. Santos, 36 J. Marshall L. Rev. 733 (2003), John F. Costello Jr.
UIC Law Review
No abstract provided.
Title Vii Retaliation, A Unique Breed, 36 J. Marshall L. Rev. 925 (2003), David Anthony Rutter
Title Vii Retaliation, A Unique Breed, 36 J. Marshall L. Rev. 925 (2003), David Anthony Rutter
UIC Law Review
No abstract provided.
Survey Of Seventh Circuit Decisions: Class Actions, 36 J. Marshall L. Rev. 837 (2003), Iain D. Johnston
Survey Of Seventh Circuit Decisions: Class Actions, 36 J. Marshall L. Rev. 837 (2003), Iain D. Johnston
UIC Law Review
No abstract provided.
The First Amendment In The Seventh Circuit: 2002, 36 J. Marshall L. Rev. 807 (2003), Donald L. Beschle
The First Amendment In The Seventh Circuit: 2002, 36 J. Marshall L. Rev. 807 (2003), Donald L. Beschle
UIC Law Review
No abstract provided.
Forum Selection Clauses In Diversity Actions, 36 J. Marshall L. Rev. 941 (2003), Kendra Johnson Panek
Forum Selection Clauses In Diversity Actions, 36 J. Marshall L. Rev. 941 (2003), Kendra Johnson Panek
UIC Law Review
No abstract provided.