Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Judges (60)
- Constitutional Law (45)
- Criminal Law (44)
- Legislation (39)
- International Law (38)
-
- Jurisprudence (34)
- Supreme Court of the United States (31)
- Human Rights Law (26)
- Litigation (23)
- State and Local Government Law (23)
- Civil Procedure (22)
- Jurisdiction (22)
- Social and Behavioral Sciences (21)
- Criminal Procedure (20)
- Legal History (18)
- Comparative and Foreign Law (15)
- Civil Rights and Discrimination (14)
- Evidence (12)
- Law and Society (12)
- Legal Profession (12)
- Administrative Law (11)
- Legal Studies (11)
- Legal Ethics and Professional Responsibility (10)
- First Amendment (9)
- Intellectual Property Law (9)
- Military, War, and Peace (9)
- Dispute Resolution and Arbitration (8)
- Family Law (8)
- Institution
-
- University of Michigan Law School (41)
- Brigham Young University Law School (22)
- UIC School of Law (20)
- Maurer School of Law: Indiana University (17)
- Northwestern Pritzker School of Law (17)
-
- University of Richmond (15)
- Duke Law (12)
- University of Maryland Francis King Carey School of Law (12)
- William & Mary Law School (12)
- American University Washington College of Law (11)
- Yeshiva University, Cardozo School of Law (11)
- Georgetown University Law Center (9)
- University of Arkansas Little Rock (9)
- Notre Dame Law School (7)
- Schulich School of Law, Dalhousie University (7)
- University of Missouri School of Law (7)
- University of Oklahoma College of Law (7)
- Barry University School of Law (6)
- University of Baltimore Law (6)
- University of Georgia School of Law (5)
- Columbia Law School (4)
- Loyola University Chicago, School of Law (4)
- University of the Pacific (4)
- Vanderbilt University Law School (4)
- Cleveland State University (3)
- New York Law School (3)
- Pace University (3)
- Saint Louis University School of Law (3)
- Southern Methodist University (3)
- University of Missouri-Kansas City School of Law (3)
- Keyword
-
- Courts (37)
- United States Supreme Court (14)
- Judges (12)
- Supreme Court (11)
- International law (8)
-
- Jurisprudence (8)
- Litigation (8)
- Civil procedure (6)
- Conflicts of law (private international law) (6)
- Congress (6)
- Constitutional law (6)
- Discrimination (6)
- Due process (6)
- Federal courts (6)
- Judicial review (6)
- Problem-solving courts (6)
- Statistics (6)
- Supreme Court of the United States (6)
- Tribunals (6)
- Authority (5)
- Jurisdiction (5)
- Law reform (5)
- Legitimacy (5)
- Race (5)
- Treaties (5)
- Trials (5)
- Antitrust (4)
- Ashcroft v. Iqbal (4)
- Capital punishment (4)
- Circuit courts (4)
- Publication
-
- Faculty Scholarship (24)
- BYU Law Review (18)
- Faculty Publications (18)
- Faculty Working Papers (17)
- UIC Law Review (17)
-
- Articles (16)
- Indiana Law Journal (13)
- All Faculty Scholarship (10)
- University of Maryland Law Journal of Race, Religion, Gender and Class (8)
- University of Michigan Journal of Law Reform (7)
- University of Richmond Law Review (7)
- Barry Law Review (6)
- Georgetown Law Faculty Publications and Other Works (6)
- Law Faculty Publications (6)
- Michigan Journal of International Law (6)
- American Indian Law Review (5)
- Cardozo Law Review (5)
- Faculty Articles (5)
- Journal Articles (5)
- Michigan Law Review (5)
- Scholarly Works (5)
- Articles, Book Chapters, & Popular Press (4)
- Court Briefs (4)
- Law Faculty Scholarship (4)
- Maryland Law Review (4)
- Articles by Maurer Faculty (3)
- Cardozo Journal of Equal Rights & Social Justice (3)
- Faculty Journal Articles and Book Chapters (3)
- Faculty Works (3)
- Human Rights Brief (3)
- Publication Type
Articles 151 - 180 of 352
Full-Text Articles in Courts
Futile Arguments: Lawrence V. Texas And The Supreme Court Bar, Heron Greenesmith
Futile Arguments: Lawrence V. Texas And The Supreme Court Bar, Heron Greenesmith
The Modern American
No abstract provided.
Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton
Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton
UIC Law Review
No abstract provided.
The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams
UIC Law Review
No abstract provided.
The International Criminal Court: From Rome To Kampala, 43 J. Marshall L. Rev. 515 (2010), Philippe Kirsch
The International Criminal Court: From Rome To Kampala, 43 J. Marshall L. Rev. 515 (2010), Philippe Kirsch
UIC Law Review
No abstract provided.
How Should The Icc Prosecutor Exercise His Or Her Discretion? The Role Of Fundamental Ethical Principles, 43 J. Marshall L. Rev. 553 (2010), Brian D. Lepard
How Should The Icc Prosecutor Exercise His Or Her Discretion? The Role Of Fundamental Ethical Principles, 43 J. Marshall L. Rev. 553 (2010), Brian D. Lepard
UIC Law Review
No abstract provided.
The International Criminal Court Does Not Have Complete Jurisdiction Over Customary Crimes Against Humanity And War Crimes, 43 J. Marshall L. Rev. 603 (2010), Jordan J. Paust
UIC Law Review
No abstract provided.
Comment On Victor's Justice & The Viability Of Ex Ante Standards, 43 J. Marshall L. Rev. 569 (2010), Rod Rastan
Comment On Victor's Justice & The Viability Of Ex Ante Standards, 43 J. Marshall L. Rev. 569 (2010), Rod Rastan
UIC Law Review
No abstract provided.
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, 43 J. Marshall L. Rev. 603 (2010), Kenneth S. Gallant
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, 43 J. Marshall L. Rev. 603 (2010), Kenneth S. Gallant
UIC Law Review
No abstract provided.
The International Criminal Court And Proximity To The Scene Of The Crime: Does The Rome Statute Permit All Of The Icc's Trials To Take Place At Local Or Regional Chambers?, 43 J. Marshall L. Rev. 715 (2010), Stuart K. Ford
UIC Law Review
No abstract provided.
The Nuremberg Tribunal V. The Tokyo Tribunal: Designs, Staffs, And Operations, 43 J. Marshall L. Rev. 753 (2010), Zachary D. Kaufman
The Nuremberg Tribunal V. The Tokyo Tribunal: Designs, Staffs, And Operations, 43 J. Marshall L. Rev. 753 (2010), Zachary D. Kaufman
UIC Law Review
No abstract provided.
Protecting Human Rights Without A Bill Of Rights, 43 J. Marshall L. Rev. 769 (2010), Robert French
Protecting Human Rights Without A Bill Of Rights, 43 J. Marshall L. Rev. 769 (2010), Robert French
UIC Law Review
No abstract provided.
How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010), Eric H. Franklin
How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010), Eric H. Franklin
UIC Law Review
No abstract provided.
Forgotten Namesake: The Illinois Good Samaritan Act's Inexcusable Failure To Provide Immunity To Non-Medical Rescuers, 43 J. Marshall L. Rev. 1097 (2010), David Weldon
UIC Law Review
No abstract provided.
The Hobbs Act Through The Rivera-Rivera Looking Glass: A Mere Intrusion Upon Basic Fundamental Federalism Principles?, 44 J. Marshall L. Rev. 237 (2010), Patrick Goodwin
The Hobbs Act Through The Rivera-Rivera Looking Glass: A Mere Intrusion Upon Basic Fundamental Federalism Principles?, 44 J. Marshall L. Rev. 237 (2010), Patrick Goodwin
UIC Law Review
No abstract provided.
Updates From The International And Internationalized Criminal Courts, Ivan Carpio, Lindsay Roberts, Zsofia Young, Christopher Tansey, Paul Rinefierd, Slava Kuperstein
Updates From The International And Internationalized Criminal Courts, Ivan Carpio, Lindsay Roberts, Zsofia Young, Christopher Tansey, Paul Rinefierd, Slava Kuperstein
Human Rights Brief
No abstract provided.
Updates From The Regional Human Rights Systems, Sarira Sadeghi, Christopher Tansey, Michael Becker, Emilyrose Johns, Carson Osberg
Updates From The Regional Human Rights Systems, Sarira Sadeghi, Christopher Tansey, Michael Becker, Emilyrose Johns, Carson Osberg
Human Rights Brief
No abstract provided.
The Supreme Court And The Sophisticated Use Of Digs, Rafael Gely, Michael E. Solimine
The Supreme Court And The Sophisticated Use Of Digs, Rafael Gely, Michael E. Solimine
Faculty Publications
In this article, we extend this literature in several ways. In part II, we provide a brief overview of the certiorari and DIG process, and explore the possible motivations for the Court to DIG a case. In Part III we describe our data, and in Part IV we discuss our results. Part V concludes the paper.
Redemption Song: Graham V. Florida And The Evolving Eighth Amendment Jurisprudence, Robert Smith, G. Ben Choen
Redemption Song: Graham V. Florida And The Evolving Eighth Amendment Jurisprudence, Robert Smith, G. Ben Choen
Michigan Law Review First Impressions
In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits a sentence of life without parole ("LWOP") for a juvenile under eighteen who commits a non-homicide offense. For Terrance Graham, who committed home-invasion robbery at seventeen, the decision does not mean necessarily that he someday will leave the brick walls of Florida's Taylor Annex Correctional Institution. Unlike previous Eighth Amendment decisions, such as Roper v. Simmons, where the Court barred the death penalty for juveniles, this new categorical rule does not translate into automatic relief for members of the exempted class: "A State need not guarantee the …
Lorain, Aspen, And The Future Of Section 2 Enforcement, Xiao Jeff Liu
Lorain, Aspen, And The Future Of Section 2 Enforcement, Xiao Jeff Liu
Michigan Telecommunications & Technology Law Review
The Sherman Antitrust Act § 2 makes monopolizing or attempting to monopolize a particular trade or aspects of a trade a federal felony. More specifically, Section 2 of the Act addresses a firm's unilateral conduct. Under the administration of former President George W. Bush, a comprehensive guideline titled Competition and Monopoly: Single-Firm Conduct under Section 2 of the Sherman Act ("Bush Guidelines") was adopted in September of 2008 for enforcing Section 2 violations. Under President Barack Obama's administration, however, the enforcement of antitrust laws is expected to undergo a radical transformation. On May 11, 2009, Christine A. Varney, the Assistant …
Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance
Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance
Michigan Telecommunications & Technology Law Review
A widespread perception among the patent law community is that the patent system would be more effective if judges with technical backgrounds and patent law experience decided patent disputes. Proponents believe that if judges all had similar baseline knowledge of technological analysis, there would be more consistency in decision-making, leading to more predictability for parties. Some district courts have unofficially become semi-specialized in patent law disputes, and Congress is debating whether to institute a more formalized Patent Pilot Program in which district court judges specialize in patent law cases. This Note joins the debate and examines patent law cases at …
Rawls And Reparations, Martin D. Carcieri
Rawls And Reparations, Martin D. Carcieri
Michigan Journal of Race and Law
In the past two years, four related events have sharpened debates on race in the U.S.: President Obama's election, the nomination of Judge Sonia Sotomayor to the Supreme Court, that Court's ruling in Ricci v. DeStefano, and the arrest of Obama's friend, Harvard professor Henry Gates. The President has spoken of a "teaching moment" arising from these events. Moreover, his writings, speeches and lawmaking efforts illustrate the contractual nature of Obama's thinking. The President (and all concerned citizens) should thus find useful an analysis of racial policy and justice in light of the work of John Rauls. Rawls may …
Law Clerking: My Favorite Year, Donald L. Burnett Jr.
The Art Of Statutory Interpretation: Identifying The Interpretative Theory Of The Judges Of The United States Court Of Appeals For Veterans' Claims And The United States Court Of Appeals For The Federal Circuit, Linda Jellum
Articles
No abstract provided.
Understanding Caperton: Judicial Disqualification Under The Due Process Clause, Dmitry Bam
Understanding Caperton: Judicial Disqualification Under The Due Process Clause, Dmitry Bam
Faculty Publications
It is virtually impossible to discuss the Supreme Court’s decision in Caperton v. A.T. Massey Coal Co. without hearing some variant of the following response: “I can’t believe it was as close as it was.” And it does not matter whether you are chatting with your next-door neighbor who had never thought about judicial ethics in his life or discussing the case with a judicial-recusal expert. Nearly everyone seems to agree: Caperton was an “easy” case and that four justices dissented is an indication that there is something terribly wrong. Not only has Caperton elevated the issue of judicial impartiality …
A Call For Judicial Scrutiny: How Increased Judicial Discretion Has Led To Disparity And Unpredictability In Federal Sentencings For Child Pornography, Loren Rigsby
Seattle University Law Review
The United States Sentencing Commission (USSC) has made child pornography related crimes among the most harshly punishable federal offenses. Nevertheless, sentencing judges have regained the right to depart from the recommended Federal Sentencing Guidelines (Guidelines). The Guideline range for child pornography reflects sound and clear congressional intent to impose harsh penalties on defendants to deter, and ultimately eliminate, the market for child pornography. For this reason, this Comment argues that sentences that fall outside the Guidelines range should be reviewed with much greater scrutiny and should not be used solely to reflect a judge’s view that the advised sentence is …
How Delaware Law Can Support Better Corporate Governance, James D. Cox
How Delaware Law Can Support Better Corporate Governance, James D. Cox
Faculty Scholarship
Corporate governance, or more particularly, improving corporate governance, has been an important national topic for decades – indeed from the first appearance of the public corporation. Within this discourse, we frequently find that the public and academics alike have short memories. We too frequently focus on the present more than on the sweep of history. So it is with the present corporate governance discussions. We tend to begin with the collapse of Enron in late 2001 and focus on the most recent tinkering with governance, such as the New York Stock Exchange's (NYSE) and Nasdaq's listing requirements and the novel, …
The Future Of Disparate Impact, Richard A. Primus
The Future Of Disparate Impact, Richard A. Primus
Articles
The Supreme Court's decision in Ricci v. DeStefano foregrounded the question of whether Title VIl's disparate impact standard conflicts with equal protection. This Article shows that there are three ways to read Ricci, one of which is likely fatal to disparate impact doctrine but the other two of which are not.
Reply To Richard A. Leo And Jon B. Gould, Samuel R. Gross, Barbara O'Brien
Reply To Richard A. Leo And Jon B. Gould, Samuel R. Gross, Barbara O'Brien
Articles
The following is a letter to the Ohio State Journal of Criminal Law received from Professors Samuel Gross and Barbara O'Brien, responding to an article published in the Journal in Fall 2009 by Professors Richard Leo and Jon Gould. This letter is followed by a reply from Professors Leo and Gould. Professors Gross and O'Brien did not see the reply prior to the Journal going to press. As we have indicated before, we welcome letters to the Journal from readers on any topic covered in a prior issue. - Editors
In Defense Of Appearances: What Caperton V. Massey Should Have Said, Jed Handelsman Shugerman
In Defense Of Appearances: What Caperton V. Massey Should Have Said, Jed Handelsman Shugerman
Faculty Scholarship
In June of 2009, the U.S. Supreme Court ruled for the first time that an elected judge must recuse himself from a case that involves a major campaign contributor. In Caperton v. A. T. Massey Coal Co., a coal company had been hit with a $50 million jury verdict. While appealing this verdict, the company's CEO, Don Blankenship, spent $3 million to help a challenger, Brent Benjamin, who had no judicial experience, defeat the incumbent, West Virginia Supreme Court Justice Warren McGraw. Blankenship funded political attack ads by a political organization (And for the Sake of the Kids) that …
Cost And Fee Allocation In Civil Procedure, James Maxeiner
Cost And Fee Allocation In Civil Procedure, James Maxeiner
All Faculty Scholarship
Court costs in American civil procedure are allocated to the loser ("loser pays") as elsewhere in the civilized world. As Theodor Sedgwick, America's first expert on damages opined, it is matter of inherent justice that the party found in the wrong should indemnify the party in the right for the expenses of litigation. Yet attorneys' fees are not allocated this way in the United States: they are allowed to fall on the party that incurs them (the ''American rule," better, the American practice). According to Albert Ehrenzweig, Austrian judge, emigre and then prominent American law professor, the American practice is …