Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Judges (71)
- Constitutional Law (38)
- State and Local Government Law (36)
- Criminal Law (35)
- Criminal Procedure (29)
-
- Supreme Court of the United States (28)
- Legislation (26)
- Jurisprudence (23)
- Jurisdiction (18)
- Litigation (18)
- Civil Procedure (17)
- Social and Behavioral Sciences (16)
- Law and Politics (13)
- Administrative Law (11)
- Civil Rights and Discrimination (11)
- Election Law (11)
- Evidence (11)
- International Law (11)
- Legal History (11)
- Intellectual Property Law (10)
- Law and Society (10)
- Human Rights Law (9)
- Health Law and Policy (8)
- Military, War, and Peace (8)
- Business Organizations Law (7)
- Comparative and Foreign Law (6)
- International Humanitarian Law (6)
- Law Enforcement and Corrections (6)
- Institution
-
- University of Michigan Law School (30)
- UIC School of Law (19)
- University of Richmond (17)
- Maurer School of Law: Indiana University (14)
- William & Mary Law School (13)
-
- Duke Law (10)
- University of the District of Columbia School of Law (9)
- Vanderbilt University Law School (9)
- Brigham Young University Law School (8)
- Yeshiva University, Cardozo School of Law (8)
- University of Oklahoma College of Law (7)
- American University Washington College of Law (6)
- Georgetown University Law Center (6)
- New York Law School (6)
- University of Colorado Law School (6)
- Columbia Law School (5)
- Cornell University Law School (5)
- University of Arkansas Little Rock (5)
- University of Georgia School of Law (5)
- Northwestern Pritzker School of Law (4)
- Touro University Jacob D. Fuchsberg Law Center (4)
- Cleveland State University (3)
- Notre Dame Law School (3)
- Saint Louis University School of Law (3)
- Seattle University School of Law (3)
- University of Baltimore Law (3)
- Washington University in St. Louis (3)
- West Virginia University (3)
- Western Kentucky University (3)
- Association of American Law Schools (2)
- Keyword
-
- Courts (23)
- United States Supreme Court (15)
- Judges (12)
- Judicial review (10)
- Congress (9)
-
- Federal courts (9)
- Supreme Court (8)
- History (6)
- Citizenship (5)
- Civil rights (5)
- Constitution (5)
- Judicial selection (5)
- Legislative drafting (5)
- Litigation (5)
- McCain (John) (5)
- Natural born citizens (5)
- Panama Canal Zone (5)
- Statutory interpretation (5)
- Administrative law (4)
- Federal Rules of Civil Procedure (4)
- International Criminal Court (4)
- Judicial process (4)
- Jurisdiction (4)
- Jury reform (4)
- Kentucky (4)
- State courts (4)
- Trials (4)
- United States (4)
- Appellate courts (3)
- Constitutional Law (3)
- Publication
-
- Faculty Scholarship (21)
- Faculty Publications (17)
- UIC Law Review (16)
- University of Richmond Law Review (13)
- Articles (11)
-
- Michigan Law Review (9)
- University of the District of Columbia Law Review (9)
- Articles by Maurer Faculty (8)
- Scholarly Works (8)
- Faculty Articles (7)
- All Faculty Scholarship (6)
- Publications (6)
- Scholarly Articles in Law Reviews & Journals (6)
- Vanderbilt Law School Faculty Publications (6)
- Cornell Law Faculty Publications (5)
- Indiana Law Journal (5)
- Michigan Law Review First Impressions (5)
- Oklahoma Law Review (5)
- University of Arkansas at Little Rock Law Review (5)
- Law Faculty Publications (4)
- BYU Law Review (3)
- Brigham Young University Journal of Public Law (3)
- Cardozo Public Law, Policy & Ethics Journal (3)
- Correspondence (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Journal Articles (3)
- Manuscript Collection Finding Aids (3)
- NULR Online (3)
- Popular Media (3)
- Scholarship@WashULaw (3)
- Publication Type
Articles 1 - 30 of 264
Full-Text Articles in Courts
The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum
The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum
University of the District of Columbia Law Review
No abstract provided.
Keynote Address Of Congresswoman Eleanor Holmes Norton, Eleanor Holmes Norton
Keynote Address Of Congresswoman Eleanor Holmes Norton, Eleanor Holmes Norton
University of the District of Columbia Law Review
No abstract provided.
Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller
Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller
University of the District of Columbia Law Review
Since 1970, the District of Columbia court system has been comprised of the District of Columbia Court of Appeals and the Superior Court of the District of Columbia.' From the time of the establishment of the District, judges of its courts have been appointed by the President of the United States, acting on the advice of the Attorney General. When the general issue of District home rule came before Congress in the 1960s, one of the subjects considered was the judicial appointment process. In 1970, the District of Columbia Court Reform and Criminal Procedure Act 2 continued the Presidential appointment …
Organization, Budgeting, And Funding Of The District Of Columbia's Local Courts, Peter R. Kolker
Organization, Budgeting, And Funding Of The District Of Columbia's Local Courts, Peter R. Kolker
University of the District of Columbia Law Review
The mechanism for funding the District of Columbia's local court system reflects the unique and complex character of the District. The means and method of budgeting for and funding this vital function has evolved over the years, reflecting the maturation of the District from its pre-Home Rule days to the present. This evolution is a reflection of the District's growing pains and financial crises, as well as the unusual symbiosis and tension between the District and the federal government. The budget system is also the product of the limitations imposed on the District's restricted taxing authority, which results in a …
The District Of Columbia's Judicial Selection Process: The Good, The Bad, And The Ugly, Patricia M. Worthy
The District Of Columbia's Judicial Selection Process: The Good, The Bad, And The Ugly, Patricia M. Worthy
University of the District of Columbia Law Review
No abstract provided.
Comments On Who Appoints D.C. Judges, Daniel A. Rezneck
Comments On Who Appoints D.C. Judges, Daniel A. Rezneck
University of the District of Columbia Law Review
No abstract provided.
A Thirty-Year Retrospective. Comments Of The Honorable Gregory E. Mize (Ret.), Gregory E. Mize
A Thirty-Year Retrospective. Comments Of The Honorable Gregory E. Mize (Ret.), Gregory E. Mize
University of the District of Columbia Law Review
No abstract provided.
Prologue To District Of Columbia Democracy And The Third Branch Of Government, John W. Nields, Timothy J. May
Prologue To District Of Columbia Democracy And The Third Branch Of Government, John W. Nields, Timothy J. May
University of the District of Columbia Law Review
Why does the President of the United States appoint the judges of the District of Columbia's local court system? Why is the District of Columbia's local court system funded and overseen by the United States Congress? Why does the United States Attorney for the District of Columbia and not the Attorney General for the District of Columbia function as a local prosecutor, prosecuting most D.C. Code crimes in the District of Columbia's courts? The four essays which follow this introduction explore the rich history behind these unusual structural features of the District of Columbia government; they present the arguments for …
Should The District Of Columbia Have Responsibility For The Prosecution Of Criminal Offenses Arising Under The District Of Columbia Code?, John Payton
University of the District of Columbia Law Review
No abstract provided.
A Short Essay On The Editing Of Cases In Casebooks, Frank Tuerkheimer
A Short Essay On The Editing Of Cases In Casebooks, Frank Tuerkheimer
Journal of Legal Education
No abstract provided.
Where Equity Meets Expertise: Re-Thinking Appellate Review In Complex Litigation, Michael J. Hays
Where Equity Meets Expertise: Re-Thinking Appellate Review In Complex Litigation, Michael J. Hays
University of Michigan Journal of Law Reform
The field of complex litigation continues to grow as both an academic study and a popular phenomenon. One cannot escape news accounts of major class action litigation, and lawyers continue to find new ways to push the outer bounds of civil litigation practices to accommodate large-scale disputes involving multiple claims or parties. Many question whether traditional procedures can or should apply to these cases. Drawing on this well-recognized procedural tension, this Article explores the relationship between trial and appellate courts in complex litigation and argues for a revised standard of appellate review for trial court decisions affecting the party structure …
Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen
Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen
Research Collection Yong Pung How School Of Law
The law on apparent bias has been mired in some controversy following the High Court decision of Re Shankar Alan s/o Anant Kulkarni, where Sundaresh Menon J.C. seemingly departed from the tentative views of Andrew Phang J.C. (as he then was) in Tang Kin Hwa v. Traditional Chinese Medicine Practitioners Board on the issue of whether there were any material differences between the “reasonable suspicion of bias” test and the “real likelihood of bias” test, the two formulations of the test for apparent bias that have been variously adopted by different jurisdictions in the common law world. In Tang Kin …
The Myth Of The Generalist Judge, Edward K. Cheng
The Myth Of The Generalist Judge, Edward K. Cheng
Vanderbilt Law School Faculty Publications
Conventional judicial wisdom assumes and indeed celebrates the ideal of the generalist judge, but do judges really believe in it? This Article empirically tests this question by examining opinion assignments in the federal courts of appeals from 1995-2005. It reveals that opinion specialization is a regular part of circuit court practice, and that a significant number of judges specialize in specific subject areas. The Article then assesses the desirability of opinion specialization. Far from being a mere loophole, opinion specialization turns out to be an important development in judicial practice that promises to increase judicial expertise without incurring many of …
Circumventing Congress: How The Federal Courts Opened The Door To Impeaching Criminal Defendants With Prior Convictions, Jeffrey Bellin
Circumventing Congress: How The Federal Courts Opened The Door To Impeaching Criminal Defendants With Prior Convictions, Jeffrey Bellin
Faculty Publications
This Article spotlights the flawed analytical framework at the heart of the federal courts’ approach to one of the most controversial trial practices in American criminal jurisprudence — the admission of prior convictions to impeach the credibility of defendants who testify. As the Article explains, the flawed approach is a byproduct of the courts’ reliance on a five-factor analytical framework to implement the governing legal standard enacted by Congress in Federal Rule of Evidence 609. Tracing the evolution of the fivefactor framework from its roots in pre-Rule 609 case law, the Article demonstrates that the courts’ reinterpretation of the framework …
The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii
The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii
University of Richmond Law Review
No abstract provided.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
The Early History Of The Colorado Court Of Appeals, Robert Linz, Claire E. Munger
The Early History Of The Colorado Court Of Appeals, Robert Linz, Claire E. Munger
Faculty Articles
No abstract provided.
Marshall V. Northern Virginia Transportation Authority: The Supreme Court Of Virginia Rules That Taxes Can Be Imposed By Elected Bodies Only, Patrick M. Mcsweeney, Wesley G. Russell Jr.
Marshall V. Northern Virginia Transportation Authority: The Supreme Court Of Virginia Rules That Taxes Can Be Imposed By Elected Bodies Only, Patrick M. Mcsweeney, Wesley G. Russell Jr.
University of Richmond Law Review
No abstract provided.
A Unified Theory Of 28 U.S.C. Section 1331 Jurisdiction, Lumen N. Mulligan
A Unified Theory Of 28 U.S.C. Section 1331 Jurisdiction, Lumen N. Mulligan
Faculty Works
Title 28, section 1331 of the United States Code provides the jurisdictional grounding for the majority of cases heard in the federal courts, yet it is not well understood. The predominant view holds that section 1331 doctrine both lacks a focus upon congressional intent and is internally inconsistent. I seek to counter both these assumptions by re-contextualizing the Court's section 1331 jurisprudence in terms of the contemporary judicial usage of right (i.e., clear, mandatory obligations capable of judicial enforcement) and cause of action (i.e., permission to vindicate a right in court). In conducting this reinterpretation, I argue that section 1331 …
An Ounce Of Prevention: Solving Some Unforeseen Problems With The Proposed Amendments To Rule 56 And The Federal Summary Judgment Process, Adam N. Steinman
An Ounce Of Prevention: Solving Some Unforeseen Problems With The Proposed Amendments To Rule 56 And The Federal Summary Judgment Process, Adam N. Steinman
Faculty Scholarship
The Civil Rules Advisory Committee has recently proposed the most significant revisions to Rule 56 since the Federal Rules of Civil Procedure were adopted seventy years ago. Although the stated goal of the proposed amendments is laudable - "to improve the procedures for making and opposing summary-judgment motions, and to facilitate the judge's work in resolving them" - this Essay in the Northwestern University Law Review Colloquy identifies some unanticipated problems with the proposed text. Contrary to the Advisory Committee's intent, the proposed text may inadvertently make substantial changes to the summary-judgment standard and the burdens on litigants at the …
"The Threes": Re-Imagining Supreme Court Decisionmaking, Chris Guthrie, Tracey E. George
"The Threes": Re-Imagining Supreme Court Decisionmaking, Chris Guthrie, Tracey E. George
Vanderbilt Law School Faculty Publications
In this Essay--the first in a series of essays designed to reimagine the Supreme Court--we argue that Congress should authorize the Court to adopt, in whole or part, panel decision making... With respect to the prospect of different Court outcomes, we demonstrate empirically in this Essay that the vast majority of cases decided during the late twentieth and early twenty-first centuries--including "Grutter", "Roe", and "Bush v. Gore" --would have come out the same way if the Court had decided them in panels rather than as a full Court.
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz
Michigan Law Review
This Article examines whether U.S. district court judges improve their skills at patent claim construction with experience, including the experience of having their own cases reviewed by the Court of Appeals for the Federal Circuit. In theory, higher courts teach doctrine to lower courts via judicial decisions, and lower courts learn from these decisions. This Article tests the teaching-and-learning premise on the issue of claim construction in the realities of patent litigation. While others have shown that the Federal Circuit reverses a large percentage of lower court claim constructions, no one has analyzed whether judges with more claim construction appeal …
Rowan, John, 1773-1843 (Sc 1787), Manuscripts & Folklife Archives
Rowan, John, 1773-1843 (Sc 1787), Manuscripts & Folklife Archives
Manuscript Collection Finding Aids
Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 1787. Photocopy of will of prominent Kentucky jurist and Congressman John Rowan, written 28 June 1840 in Louisville, Kentucky.
On Jurisdictional Elephants And Kangaroo Courts, Stephen I. Vladeck
On Jurisdictional Elephants And Kangaroo Courts, Stephen I. Vladeck
NULR Online
No abstract provided.
Monroe County, Kentucky - Records, 1826-1842 (Sc 1761), Manuscripts & Folklife Archives
Monroe County, Kentucky - Records, 1826-1842 (Sc 1761), Manuscripts & Folklife Archives
Manuscript Collection Finding Aids
Finding aid for Manuscripts Small Collection 1761. Record book of William G. Howard documenting his duties as a Justice of the Peace. It includes stray notices, legal judgments, and marriages performed (Click on "Additional Files" below for typescripted list of marriages.)
Solidifying Judicial Discretion Through Statutory Interpretation: The Implications Of United States V. Nelson On Criminal Sentencing, Tashama Williams
Solidifying Judicial Discretion Through Statutory Interpretation: The Implications Of United States V. Nelson On Criminal Sentencing, Tashama Williams
North Carolina Central Law Review
No abstract provided.
Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel
Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Only Skin Deep?: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench, Sylvia R. Lazos Vargas
Only Skin Deep?: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench, Sylvia R. Lazos Vargas
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
Limiting The Federal Pardon Power, Kristen H. Fowler
Limiting The Federal Pardon Power, Kristen H. Fowler
Indiana Law Journal
No abstract provided.