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2006

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Institution
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Articles 91 - 120 of 322

Full-Text Articles in Courts

Constitutionalism, Gender Equality And Judicial Reform: A Study Of The Status Of Women In The Egyptian Judiciary, Mahmoud Moustafa Jun 2006

Constitutionalism, Gender Equality And Judicial Reform: A Study Of The Status Of Women In The Egyptian Judiciary, Mahmoud Moustafa

Archived Theses and Dissertations

No abstract provided.

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Review Essay: Radicals In Robes , Dru Stevenson May 2006

Review Essay: Radicals In Robes , Dru Stevenson

ExpressO

This essay reviews and critiques Cass Sunstein’s new book entitled Radicals in Robes. After a discussion of Sunstein’s (somewhat misleading) rhetorical nomenclature, this essay argues that Sunstein’s proposed “minimalist” methodology in constitutional jurisprudence is beneficial, but not for the reasons Sunstein suggests. Sunstein alternatively justifies judicial restraint or incrementalism on epistemological self-doubt (cautiousness being an outgrowth of uncertainty) and his fear that accomplishments by Progressives in the last century will be undone by conservative judges in the present. Constitutional incrementalism is more convincingly justified on classical economic grounds. While affirming Sunstein’s overall thesis, this essay offers an alternative rationale for …

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Review Essay: Using All Available Information, Max Huffman May 2006

Review Essay: Using All Available Information, Max Huffman

ExpressO

This is a review essay entitled “Using All Available Information,” in which I review and comment on Justice Stephen Breyer’s new book, Active Liberty: Interpreting Our Democratic Constitution, published in September 2005. Justice Breyer’s book, adapted from the Tanner Lectures given in 2005 at Harvard Law School, serves partly as a response to Justice Scalia’s 1997 volume A Matter of Interpretation: Federal Courts and the Law. I review Justice Breyer’s book in part by comparison to and contrast with Justice Scalia’s. I propose that much about Justice Breyer’s interpretive philosophy, which centers on determining the “purposes” of texts and interpreting …

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Saddam Hussein's Trial In Iraq: Fairness, Legitimacy & Alternatives, A Legal Analysis, Christian Eckart May 2006

Saddam Hussein's Trial In Iraq: Fairness, Legitimacy & Alternatives, A Legal Analysis, Christian Eckart

Cornell Law School J.D. Student Research Papers

The paper focuses on Saddam Hussein’s trial in front of the Iraqi High Criminal Court in Baghdad. After providing an overview of the facts surrounding the court’s installation, the applicable international law is identified and the fairness and legitimacy of the current proceedings are analyzed. The paper finishes by considering whether the trial should be relocated and addresses alternative venues that could have been chosen to prosecute Iraq’s ex-dictator.

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Congress, The Federal Courts, And Forum Non Conveniens: Friction On The Frontier Of The Inherent Power, Elizabeth T. Lear May 2006

Congress, The Federal Courts, And Forum Non Conveniens: Friction On The Frontier Of The Inherent Power, Elizabeth T. Lear

UF Law Faculty Publications

The federal forum non conveniens regime has many flaws; its most serious, however, is its lack of constitutional support. Founded upon the inherent authority of Article III, the forum non conveniens doctrine is an outlier, residing in the area over which Congress retains plenary control. The Court has long treated the forum non conveniens dismissal power as the norm against which Congress legislates. This Article argues that the time has come to reconsider this interpretive approach. In the case of peripheral inherent power rules like forum non conveniens, the prevailing presumption should be reversed. The Court, rather than Congress, should …

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The Perils Of Unpublished Non-Precedential Federal Appellate Opinions: A Case Study Of The Substantive Due Process State-Created Danger Doctrine In One Circuit, Sarah E. Ricks May 2006

The Perils Of Unpublished Non-Precedential Federal Appellate Opinions: A Case Study Of The Substantive Due Process State-Created Danger Doctrine In One Circuit, Sarah E. Ricks

Washington Law Review

About 80% of federal appellate decisions are non-precedential. This Article examines the practical consequences for district courts and litigants confronting inconsistent appellate opinions issued by the same federal circuit. Specifically, this is a case study comparing the divergent binding and non-precedential opinions applying one frequently invoked constitutional theory within the U.S. Court of Appeals for the Third Circuit, the "state-created danger" theory of substantive due process. The comparison demonstrates that the risks of non-precedential opinions are real. During the six-year interval between binding state-created danger decisions, the Third Circuit created inconsistent non-precedential opinions on the identical legal theory. Doctrinal divergence …

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The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum May 2006

The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum

San Diego International Law Journal

This Article will examine the role that the danger test has played in the decisions of American courts and, more recently, in the decisions of British courts and the enforcement organs of the European Convention. Part I will briefly trace the immediate Anglo-American constitutional background from which the danger test emerged. It particular, it will examine the way in which the common law offense of seditious libel was defined by British judges and judicial commentators in the late nineteenth century. Part II will focus on the evolution in American law of judicial attempts to articulate both a "content-based" and an …

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Circumventing The Supremacy Clause? Understanding The Constitutional Implications Of The United States' Treatment Of Treaty Obligations Through An Analysis Of The New York Convention, Amber A. Ward May 2006

Circumventing The Supremacy Clause? Understanding The Constitutional Implications Of The United States' Treatment Of Treaty Obligations Through An Analysis Of The New York Convention, Amber A. Ward

San Diego International Law Journal

The United States participation in treaties and other international agreements is becoming more necessary and an increasingly prevalent occurrence as a result of globalization. The rapid pace of technological innovation and more effective means of transportation have caused our world to shrink, making countries even more interconnected. The corresponding explosion of international business and commercial transactions has resulted in high levels of risk and uncertainty due to a complex mix of laws, monetary factors, politics and cultures that vary across countries. For global players, it has become essential to have international agreements that can mitigate the risks inherent in international …

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Contents: Allen Chair Symposium-State Of The Chesapeake Bay In The Twenty-First Century May 2006

Contents: Allen Chair Symposium-State Of The Chesapeake Bay In The Twenty-First Century

University of Richmond Law Review

No abstract provided.

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Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson May 2006

Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson

University of Richmond Law Review

No abstract provided.

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Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton May 2006

Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton

University of Richmond Law Review

No abstract provided.

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Law Review Index, Volume Xl, 2005-2006 May 2006

Law Review Index, Volume Xl, 2005-2006

University of Richmond Law Review

No abstract provided.

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Pathological Patenting: The Pto As Cause Or Cure, Rochelle Dreyfuss May 2006

Pathological Patenting: The Pto As Cause Or Cure, Rochelle Dreyfuss

Michigan Law Review

The Patent Act was last revised in 1952. The hydrogen bomb was exploded that year, vividly demonstrating the power of the nucleus; in the ensuing postwar period, the Next Big Thing was clearly the molecule. Novel compounds were synthesized in the hopes of finding new medicines; solid-state devices exploited the special characteristics of germanium and other semiconductors; as investments in polymer chemistry soared, advice to the college graduate soon boiled down to "one word ... just one word[:] ... Plastics." Over the next half-century, things changed dramatically. "Better living through chemistry" has begun to sound dated (if not sinister). Genomics …

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Separating Rhetoric From Reality: A Political And Statistical Look At Federal Judicial Confirmation Delays, Marvin L. Longabaugh Apr 2006

Separating Rhetoric From Reality: A Political And Statistical Look At Federal Judicial Confirmation Delays, Marvin L. Longabaugh

ExpressO

In this article, I conduct a statistical analysis of confirmation delays in the ratification of appointments to the federal bench. Section II discusses the history of confirmation delays and some of the political factors that have caused these delays. Section III assesses the effect of factors such as age, education, ethnic origin, and political control of the U.S. Senate on 614 District Court appointments between 1985 and 2000. Section IV conducts a similar analysis on 362 Circuit Court appointments between 1961 and 2000. Last, Section V similarly scrutinizes all 110 Supreme Court appointments from 1789 through 2000.

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The Z-Test For Percentages: A Statistical Tool To Detect Pretextually Neutral Juror Challenges, Marvin L. Longabaugh Apr 2006

The Z-Test For Percentages: A Statistical Tool To Detect Pretextually Neutral Juror Challenges, Marvin L. Longabaugh

ExpressO

In the article, I discuss the potential use of public opinion polls to measure the discriminatory effect of certain questions in jury selection. While the laws surrounding race and gender based jury selection are known to most lawyers, there has been little scrutiny on questions that might be posed to potential jurors that are facially neutral, yet have a discriminatory impact. This article examines a number of such questions and offers a statistical test to determine whether a proposed question has, in fact, a 98% certainty of having a discriminatory effect if relied upon in jury selection.

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Robert C. Byrd And The Fourth Circuit Court Of Appeals, Robert Bruce King Apr 2006

Robert C. Byrd And The Fourth Circuit Court Of Appeals, Robert Bruce King

West Virginia Law Review

No abstract provided.

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Eyewitness Identification, Democratic Deliberation, And The Politics Of Science, Andrew E. Taslitz Apr 2006

Eyewitness Identification, Democratic Deliberation, And The Politics Of Science, Andrew E. Taslitz

Cardozo Public Law, Policy & Ethics Journal

The article examines the intersection of social science and legal policy in eyewitness identification, focusing on the role of prosecutors and the American Bar Association (ABA) Eyewitness Resolution. It argues that while social science provides critical insights to improve identification accuracy, the translation of these insights into legal policy involves normative judgments that balance competing values, such as protecting the innocent and ensuring public safety. The author critiques the limitations of internal deliberative processes within law enforcement and prosecutorial offices, advocating for more transparent and inclusive deliberative structures to address systemic errors and promote justice.

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Payments To Medicaid Doctors: Interpreting The “Equal Access” Provision, Abigail R. Moncrieff Apr 2006

Payments To Medicaid Doctors: Interpreting The “Equal Access” Provision, Abigail R. Moncrieff

Law Faculty Articles and Essays

This Comment analyzes the circuit split that has arisen as courts have confronted challenges to Medicaid payments. Part I provides background on the Medicaid program and the circuit split, and it identifies and explicates two competing rules for measuring adequacy of Medicaid payments: the Fifth and Seventh circuits' "access metric" and the Ninth Circuit's "cost metric." Parts II and III identify problems with these two rules, and criticizes them as inconsistent with the statute's text, purpose, and intent. Part IV proposes a new rule, an "MCO metric," and explains why that rule is the best interpretation of Medicaid's reimbursement provision.

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Toward A Unified Test Of Personal Jurisdiction In An Era Of Widely Diffused Wrongs: The Relevance Of Purpose And Effects, C. Douglas Floyd, Shima Baradaran-Robison Apr 2006

Toward A Unified Test Of Personal Jurisdiction In An Era Of Widely Diffused Wrongs: The Relevance Of Purpose And Effects, C. Douglas Floyd, Shima Baradaran-Robison

Indiana Law Journal

No abstract provided.

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Davey's Deviant Discretion: An Incorporated Establishment Clause Should Require The State To Maintain Funding Neutrality, Nina S. Schultz Apr 2006

Davey's Deviant Discretion: An Incorporated Establishment Clause Should Require The State To Maintain Funding Neutrality, Nina S. Schultz

Indiana Law Journal

No abstract provided.

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Justice & Foreign Affairs: Taking The European Neighbourhood Partner Countries To The European Court Of Justice, Lior Zemer, Sharon Pardo Apr 2006

Justice & Foreign Affairs: Taking The European Neighbourhood Partner Countries To The European Court Of Justice, Lior Zemer, Sharon Pardo

Cardozo Journal of International and Comparative Law

The article argues that the European Union (EU) should extend the jurisdiction of the European Court of Justice (ECJ) to cover disputes arising from agreements with Neighborhood Partner Countries (NPC) under the European Neighbourhood Policy (ENP). This extension is essential for upholding the EU's constitutional principles, ensuring judicial review, and maintaining the coherence of EU external relations. The authors advocate for the ECJ as the most suitable judicial forum to address these disputes, emphasizing its role in reinforcing the EU's legal identity and capacity building.

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Precedent In The Federal Courts Of Appeals: An Endangered Or Invasive Species?, John B. Oakley Apr 2006

Precedent In The Federal Courts Of Appeals: An Endangered Or Invasive Species?, John B. Oakley

The Journal of Appellate Practice and Process

No abstract provided.

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No Court Is An Island, Robert A. Katzmann Apr 2006

No Court Is An Island, Robert A. Katzmann

The Journal of Appellate Practice and Process

No abstract provided.

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Building An Appellate System Worthy Of A Great Nation, Randall T. Shepard Apr 2006

Building An Appellate System Worthy Of A Great Nation, Randall T. Shepard

The Journal of Appellate Practice and Process

No abstract provided.

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Reflections On The Role Of Appellate Courts: A View From The Supreme Court, Stephen G. Breyer Apr 2006

Reflections On The Role Of Appellate Courts: A View From The Supreme Court, Stephen G. Breyer

The Journal of Appellate Practice and Process

No abstract provided.

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Reading About The National Conference, Nancy Bellhouse May Apr 2006

Reading About The National Conference, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

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Applied Freakonomics: Explaining The Crisis Of Volume, Thomas E. Baker Apr 2006

Applied Freakonomics: Explaining The Crisis Of Volume, Thomas E. Baker

The Journal of Appellate Practice and Process

No abstract provided.

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Statistical Data Regarding State Courts, The National Center For State Courts Apr 2006

Statistical Data Regarding State Courts, The National Center For State Courts

The Journal of Appellate Practice and Process

No abstract provided.

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The View From The Trenches: A Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice, Arthur D. Hellman Apr 2006

The View From The Trenches: A Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice, Arthur D. Hellman

The Journal of Appellate Practice and Process

No abstract provided.

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1955-2004 Statistical Data Regarding Federal Courts, The Federal Judicial Center Apr 2006

1955-2004 Statistical Data Regarding Federal Courts, The Federal Judicial Center

The Journal of Appellate Practice and Process

No abstract provided.

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