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Articles 241 - 270 of 352
Full-Text Articles in Courts
The Supreme Court's Increased Attention To The Law Of Lawyering: Mere Coincidence Or Something More? , Renee Newman Knake
The Supreme Court's Increased Attention To The Law Of Lawyering: Mere Coincidence Or Something More? , Renee Newman Knake
American University Law Review
The United States Supreme Court considered seventeen cases raising issues related to the role of attorneys and the practice of law during the 2009 Term. This body of cases represents a substantial departure from dockets in recent history, where typically the Court took up less than a handful of cases involving regulation of the legal profession. While some might consider the increased number of cases addressing the law of lawyering a mere coincidence, this article contends that something more is occurring. The Court’s decision to devote so much of its limited time to these matters is noteworthy not only for …
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Richmond Public Interest Law Review
Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …
A Mock Terrorism Application Of The P300-Based Concealed Information Test, John B. Meixner Jr., J. Peter Rosenfeld
A Mock Terrorism Application Of The P300-Based Concealed Information Test, John B. Meixner Jr., J. Peter Rosenfeld
Scholarly Works
Previous studies examining the P300-based concealed information test typically tested for mock crime or autobiographical details, but no studies have used this test in a counterterrorism scenario. Subjects in the present study covertly planned a mock terrorist attack on a major city. They were then given three separate blocks of concealed information testing, examining for knowledge of the location, method, and date of the planned terrorist attack, using the Complex Trial Protocol (Rosenfeld et al., 2008). With prior knowledge of the probe items, we detected 12/12 guilty subjects as having knowledge of the planned terrorist attack with no false positives …
Decisional Sequencing, Peter B. Rutledge
Decisional Sequencing, Peter B. Rutledge
Scholarly Works
Judicial decisionmaking consists of two sets of choices – (1) how to resolve the issues in a case and (2) how to decide the order in which those issues will be resolved. Much legal scholarship focuses on the first question; too little focuses on the second. This Article aims to fill that gap. Drawing across disciplines – philosophy, economics and political science – this Article articulates a theory of “decisional sequencing.” Decisional sequencing concerns the extent to which legal rules constrain – and do not constrain – the order in which judges and other quasi-judicial actors (like arbitrators) decide matters …
Narrative, Normativity, And Causation, Lawrence B. Solum
Narrative, Normativity, And Causation, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This essay examines the relationship between constitutional narratives, causation, and normativity in the context of Barry Friedman’s book, The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution. In his book, Friedman provides a grand narrative of American constitutional history that emphasizes the role of public opinion in the development of American constitutional law. That narrative involves both implicit and explicit claims about the causal forces that shape constitutional doctrine and about normative constitutional theory. The aim of this essay is to identify those claims, excavate their theoretical assumptions, …
Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers, Julie R. O'Sullivan
Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers, Julie R. O'Sullivan
Georgetown Law Faculty Publications and Other Works
The author believes that statute 18 U.S.C. § 1346 is unconstitutionally vague, at least as applied to cases in which employees of private entities are prosecuted for depriving their employers of a right to their honest services (so-called “private cases”). Objections to vagueness rest on due process. “Vagueness may invalidate a criminal law for either of two independent reasons. First, it may fail to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits; second, it may authorize and even encourage arbitrary and discriminatory enforcement.” The Supreme Court’s vagueness precedents do not provide much …
Law, Facts, And Power, Elizabeth G. Thornburg
Law, Facts, And Power, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
The Supreme Court’s opinion in Ashcroft v. Iqbal is wrong in many ways. This essay is about only one of them: the Court’s single-handed return to a pleading system that requires lawyers and judges to distinguish between pleading facts and pleading law. This move not only resuscitates a distinction purposely abandoned by the generation that drafted the Federal Rules of Civil Procedure, but also serves as an example of the very difficulties created by the distinction. The chinks in the law-fact divide are evident in Iqbal itself - both in the already notorious pleading section of the opinion, and in …
A Prolonged Slump For ‘Plaintiff-Pitchers’: The Narrow ‘Strike Zone’ For Securities Plaintiffs In The Fourth Circuit, Marc I. Steinberg, Dustin Appel
A Prolonged Slump For ‘Plaintiff-Pitchers’: The Narrow ‘Strike Zone’ For Securities Plaintiffs In The Fourth Circuit, Marc I. Steinberg, Dustin Appel
Faculty Journal Articles and Book Chapters
This article focuses on the narrow “strike zone” that plaintiffs must overcome in private securities actions instituted in the Fourth Circuit. Based on empirical data generated over a fourteen-year span, there emerges a clear finding that during that time period defendants were victorious in almost all cases, either on the merits of the case or due to procedural obstacles. The authors posit that this pattern of difficulty for plaintiffs arises, at least in part, from the Fourth Circuit’s restrictive interpretation of various requisite elements of these causes of action, such as materiality and scienter, as well as the Fourth Circuit’s …
Decriminalizing Students With Disabilities, Dean Hill Rivkin
Decriminalizing Students With Disabilities, Dean Hill Rivkin
NYLS Law Review
No abstract provided.
Estate Of Pew V. Cardarelli, Natallia Krauchuk
Judicial Case Management: Caught In The Crossfire, Steven S. Gensler
Judicial Case Management: Caught In The Crossfire, Steven S. Gensler
Faculty Articles
No abstract provided.
Wired: What We've Learned About Courtroom Technology, Fredric I. Lederer
Wired: What We've Learned About Courtroom Technology, Fredric I. Lederer
Popular Media
No abstract provided.
Equitable Balancing In The Age Of Statutes, Jared Goldstein
Equitable Balancing In The Age Of Statutes, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Their Love Is Here To Stay: Why The Supreme Court Cannot Turn Back The Hands Of Time, Marsha B. Freeman
Their Love Is Here To Stay: Why The Supreme Court Cannot Turn Back The Hands Of Time, Marsha B. Freeman
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Early Release Programs In Illinois: Justifiable Or Objectionable?, Bill Schramm
Early Release Programs In Illinois: Justifiable Or Objectionable?, Bill Schramm
Public Interest Law Reporter
No abstract provided.
Punishing Juveniles: Is Life Without Parole Too Cruel?, Amy Mccarthy
Punishing Juveniles: Is Life Without Parole Too Cruel?, Amy Mccarthy
Public Interest Law Reporter
No abstract provided.
Kesalahan-Kesalahan Matrimoni Dalam Kes Perceraian Di Luar Mahkamah Dan Tanpa Kebenaran Mahkamah : Kajian Di Mahkamah Syariah Negeri Selangor Darul Ehsan., Mazlan Abd Manan
Kesalahan-Kesalahan Matrimoni Dalam Kes Perceraian Di Luar Mahkamah Dan Tanpa Kebenaran Mahkamah : Kajian Di Mahkamah Syariah Negeri Selangor Darul Ehsan., Mazlan Abd Manan
Student Works (2010-2019)
There is no specific nas (justification) provided in the Al-Quran and the Al-Sunnah with regards to divorce outside the Court without due permission. However, over the years this ongoing problem has led the scholars to view their justifications on the matter. In view of this, the purpose of this dissertation is to feature the study on divorce cases outside Court and without the Court’s permission and its implementation to Malaysian law specifically in reference to cases from the Syariah Courts in Selangor. The Selangor Islamic Family Law Enactment 1984 for instance, as proposed by the Syariah Court has come up …
Isu-Isu Dalam Kes Harta Sepencarian Di Mahkamah Syariah Singapura : Satu Analisis., Idham Halid Romli
Isu-Isu Dalam Kes Harta Sepencarian Di Mahkamah Syariah Singapura : Satu Analisis., Idham Halid Romli
Student Works (2010-2019)
This study discusses the issues of harta sepencarian (jointly-accumulated wealth) in the Syariah Court of Singapore. The objectives of this study are to examine the meaning and interpretation of harta sepencarian, and the influence of direct and indirect contributions in determining the amount received by the husband and wife from the harta sepencarian. Although the AMLA has provided general guidelines and interpretation on the factors which need to be taken into consideration when determining the distribution of harta sepencarian, but these guidelines do not distinguish between the main and supporting factors. Through literature studies, case-studies of Court cases and interviews, …
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
NYLS Law Review
No abstract provided.
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Richmond Journal of Law and the Public Interest
Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …
Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall
Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall
Human Rights Brief
No abstract provided.
Administering The Second Amendment: Law, Politics, And Taxonomy , Nicholas J. Johnson
Administering The Second Amendment: Law, Politics, And Taxonomy , Nicholas J. Johnson
Faculty Scholarship
This article anticipates the post-McDonald landscape by assessing the right to arms in the context of several state regulations and the arguments that might be employed as challenges to them unfold. So far, the core test for determining the scope of the individual right to arms is the common use standard articulated in District of Columbia v. Heller. Measured against that, standard firearm regulations fit into three categories. The first category contains laws that are easily administered under the common use standard. The second category – and the primary focus of this article – consists of laws that can be …
Process, People, Power And Policy: Empirical Studies Of Civil Procedure And Courts, Carrie Menkel-Meadow, Bryant Garth
Process, People, Power And Policy: Empirical Studies Of Civil Procedure And Courts, Carrie Menkel-Meadow, Bryant Garth
Georgetown Law Faculty Publications and Other Works
This review essay, by Professor Carrie Menkel-Meadow and Dean Bryant Garth, reports on the history and deployment of empirical studies of civil procedure rules, court policies, and legal developments for reforms of court procedures and practices in both the United States and England and Wales. It traces the influence of particular individuals (e.g., Charles Clark in the United States, and Harry Woolf in England) in the use of empirical studies of litigation patterns and court rules to effectuate legal reforms. The essay reviews some particularly contentious issues over time, such as whether there is/was too much or too little litigation, …
The Subjects Of The Constitution, Nicholas Quinn Rosenkranz
The Subjects Of The Constitution, Nicholas Quinn Rosenkranz
Georgetown Law Faculty Publications and Other Works
Two centuries after Marbury v. Madison, there remains a deep confusion about quite what a court is reviewing when it engages in judicial review. Conventional wisdom has it that judicial review is the review of certain legal objects: statutes, regulations. But strictly speaking, this is not quite right. The Constitution prohibits not objects but actions. Judicial review is the review of such actions. And actions require actors: verbs require subjects. So before judicial review focuses on verbs, let alone objects, it should begin at the beginning, with subjects. Every constitutional inquiry should begin with a basic question that has been …
The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts, Steven S. Gensler
The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts, Steven S. Gensler
Faculty Articles
No abstract provided.
Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie Zink
School of Law Faculty Publications
No abstract provided.
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
The “Tomahawk” And The “Healing Balm:” Drug Treatment Courts In Theory And Practice, Richard C. Boldt
The “Tomahawk” And The “Healing Balm:” Drug Treatment Courts In Theory And Practice, Richard C. Boldt
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?, Corey Shdaimah
Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?, Corey Shdaimah
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Community Voice And Justice: An Essay On Problem-Solving Courts As A Proxy For Change, Brenda Bratton Blom, Julie Galbo-Moyes, Robin Jacobs
Community Voice And Justice: An Essay On Problem-Solving Courts As A Proxy For Change, Brenda Bratton Blom, Julie Galbo-Moyes, Robin Jacobs
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.