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2010

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Articles 241 - 270 of 353

Full-Text Articles in Courts

The 'Show' In The 'Show Trial': Contextualizing The Politicization Of The Courtroom, Awol K. Allo Jan 2010

The 'Show' In The 'Show Trial': Contextualizing The Politicization Of The Courtroom, Awol K. Allo

Barry Law Review

Questioning the indifference of the law to its own normative correctness and its claim to legitimacy, this article explores the epistemological and ontological foundations upon which the concept and lexicon of show trial is predicated. By invoking the theory of performativity, the article distinguishes between the different models of show trials to allow for a more complex and nuanced reading of the particular nature of the show in judicial practices often called ‘show trials.’ By emphasizing the peculiarity of the ‘show’ in each ‘show trial’, the article seeks to reconceptualize the ambit of the criminal trial. Arguing against the emphasis …


Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans Jan 2010

Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans

Cornell Law Faculty Publications

No abstract provided.


Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio Jan 2010

Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio

Richmond Journal of Law and the Public Interest

Part I will set forth the analytical framework established by the Supreme Court in the RFRA and RLUIPA contexts before 0 Centro." This Part will provide a brief background to RFRA and RLUIPA and set forth the definition of "compelling interest" before 0 Centro. Part II will focus on the decision in 0 Centro; specifically, how the Supreme Court's redefinition of "compelling interest" significantly elevates the government's burden. Part III will compare the government's chance of winning on a "compelling interest" argument before 0 Centro" with the chance of winning in its wake. This Part will discuss the merits, flaws, …


“Death Is Different” No Longer: Graham V. Florida And The Future Of Eighth Amendment Challenges To Noncapital Sentences., Barry Sullivan Jan 2010

“Death Is Different” No Longer: Graham V. Florida And The Future Of Eighth Amendment Challenges To Noncapital Sentences., Barry Sullivan

Faculty Publications & Other Works

No abstract provided.


The International Criminal Court: An Informal Overview, Jerry E. Norton Jan 2010

The International Criminal Court: An Informal Overview, Jerry E. Norton

Faculty Publications & Other Works

No abstract provided.


Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil Jan 2010

Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil

CMC Senior Theses

According to the Department of Homeland Security, Office of Immigration Statistic, California accounts for approximately 2,600,000 illegal immigrants in 2009. This number represents about 25 percent of the entire estimated illegal immigrant population in the United States, which is roughly 10.8 million. Between 2003 and 2008, the U.S. government removed 1,446,338 noncitizens from the United States. This rise in deportation is a result o the changes that have been enacted by the federal government over the years that transformed the nature of immigration enforcement. This thesis explores the California Immigration Enforcement system from the programs established to apprehend illegal aliens …


Flores-Figueroa And The Search For Plain Meaning In Identity Theft Law, Nathaniel J. Stuhlmiller Jan 2010

Flores-Figueroa And The Search For Plain Meaning In Identity Theft Law, Nathaniel J. Stuhlmiller

Buffalo Law Review

No abstract provided.


Judicial Disqualification: An Analysis Of Federal Law, Second Edition, Charles G. Geyh Jan 2010

Judicial Disqualification: An Analysis Of Federal Law, Second Edition, Charles G. Geyh

Books & Book Chapters by Maurer Faculty

Judicial Disqualification: An Analysis of Federal Law (second edition) outlines the statutory framework of federal judicial disqualification law under the statutes, 28 U.S.C. §§ 455, 144, 47, and 2106. The monograph substantially revises and expands on the first edition, and analyzes the case law, with a focus both on substantive disqualification standards and procedural requirements. It features a revised organizational structure and includes new material, as well as updated cases.


Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb Jan 2010

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 …


Decriminalizing Students With Disabilities, Dean Hill Rivkin Jan 2010

Decriminalizing Students With Disabilities, Dean Hill Rivkin

NYLS Law Review

No abstract provided.


Estate Of Pew V. Cardarelli, Natallia Krauchuk Jan 2010

Estate Of Pew V. Cardarelli, Natallia Krauchuk

NYLS Law Review

No abstract provided.


Equitable Balancing In The Age Of Statutes, Jared Goldstein Jan 2010

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 Jan 2010

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.


Regulatory Adjudication, Marcia L. Mccormick Jan 2010

Regulatory Adjudication, Marcia L. Mccormick

All Faculty Scholarship

Calls for increased regulation are flying fast and furious these days. We use regulation in the United States to prevent harm that various kinds of activities might cause and also to create positive external benefits that those activities could yield, but might not without incentives. Most regulatory programs in the United States provide a blend of measures designed to create these positive external benefits, promote good practices in the industry, prevent harms, and provide those harmed with remedies. At a time in which we contemplate new ways to regulate to deal with the crises of the day and prevent the …


Situating Inherent Power Within A Rules Regime, Samuel P. Jordan Jan 2010

Situating Inherent Power Within A Rules Regime, Samuel P. Jordan

All Faculty Scholarship

My goal in this short Essay is to describe the way that inherent power is understood and applied within our procedural framework, and to suggest the need for a more robust account of the contemporary relationship between inherent power and formal procedural rules. Part I describes two roles – one legitimate and one not – that inherent power can play vis-à-vis the rules. Part II examines how those roles are often confused or manipulated, with the result that inherent power remains available to justify judicial action in an undesirably large class of cases. Finally, Part III explores ways to clarify …


Local Rules And The Limits Of Trans-Territorial Procedure, Samuel P. Jordan Jan 2010

Local Rules And The Limits Of Trans-Territorial Procedure, Samuel P. Jordan

All Faculty Scholarship

Local rules have been unfairly cast as procedural villains. Their qualifications for the role are purportedly numerous, but chief among them is that they violate a fundamental principle embedded in our post-1938 procedural regime: that the procedural rules applied in a federal case should not be sensitive to location. It must of course be conceded that local rules do produce territorial variations in procedure. But in practice, the principle of trans-territoriality is aspirational, and is undermined by an array of factors – ranging from competing interpretations of written rules to the supplementation of those rules through exercises of inherent power …


Reply To Richard A. Leo And Jon B. Gould, Samuel R. Gross, Barbara O'Brien Jan 2010

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


Early Release Programs In Illinois: Justifiable Or Objectionable?, Bill Schramm Jan 2010

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 Jan 2010

Punishing Juveniles: Is Life Without Parole Too Cruel?, Amy Mccarthy

Public Interest Law Reporter

No abstract provided.


Isu-Isu Dalam Kes Harta Sepencarian Di Mahkamah Syariah Singapura : Satu Analisis., Idham Halid Romli Jan 2010

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 Jan 2010

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 Jan 2010

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 …


The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts, Steven S. Gensler Jan 2010

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.


Cooperative Interbranch Federalism: Certification Of State-Law Questions By Federal Agencies, Verity Winship Jan 2010

Cooperative Interbranch Federalism: Certification Of State-Law Questions By Federal Agencies, Verity Winship

Vanderbilt Law Review

When an unresolved state-law question arises in federal court, the court may certify it to the relevant state court. The practice of certification from one court to another has been widely adopted and has been touted as "help[ing] build a cooperative judicial federalism." This Article proposes that states promote cooperative interbranch federalism by allowing federal agencies to certify unresolved state-law questions to state courts. It draws on Delaware's recent expansion of potential certifying entities to the Securities and Exchange Commission to argue that this innovation should be extended to other states and other federal agencies. Certification from federal agencies to …


"Objection: Your Honor Is Being Unreasonable!"--Law And Policy Opposing The Federal Sentencing Order Objection Requirement, Benjamin K. Raybin Jan 2010

"Objection: Your Honor Is Being Unreasonable!"--Law And Policy Opposing The Federal Sentencing Order Objection Requirement, Benjamin K. Raybin

Vanderbilt Law Review

"I think you ought to object, counselor," boomed the judge.' One could not help but to be taken aback: this instruction was not directed towards a pro se defendant, nor was it addressing an action by an opposing party. Instead, the judge had actually suggested-with a straight face and a hint of irony-that an attorney object to the sentence the judge had just imposed. Unlike the attorney, the judge had been following the development of a quirk in the circuit's sentencing law. In United States v. Vonner, the Sixth Circuit had recently held that a party must object to a …


The Many Faces Of Strict Scrutiny: How The Supreme Court Changes The Rules In Race Cases, Evan Gerstmann, Christopher Shortell Jan 2010

The Many Faces Of Strict Scrutiny: How The Supreme Court Changes The Rules In Race Cases, Evan Gerstmann, Christopher Shortell

Political Science Faculty Publications and Presentations

In this paper, we argue that there is no single test called strict scrutiny when the Court considers claims of racial discrimination. In fact, the Court changes the rules depending on why and how the government is using race. By examining racial redistricting, remedial affirmative action, and diversitybased affirmative action cases, we show how the Court uses at least three very different versions of strict scrutiny. The costs of maintaining the fiction of unitary strict scrutiny is high. In the area of racial profiling, for example, courts refuse to apply strict scrutiny for fear that it will either overly hamper …


Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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.