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Articles 61 - 90 of 353
Full-Text Articles in Courts
The Federal Sentencing Guidelines: A Misplaced Trust In Mechanical Justice, Evangeline A. Zimmerman
The Federal Sentencing Guidelines: A Misplaced Trust In Mechanical Justice, Evangeline A. Zimmerman
University of Michigan Journal of Law Reform
In 1984 the Sentencing Reform Act was passed, ending fully discretionary sentencing by judges and allowing for the creation of the Federal Sentencing Guidelines ("FSG" or "Guidelines"). This Note proposes that the Guidelines failed not only because they ran afoul of the Sixth Amendment, as determined by the Supreme Court in 2005, but also because they lacked a clear underlying purpose, had a misplaced trust in uniformity, and were born of political compromise. Moreover, the effect of the FSG was to blindly shunt discretionary decisions from judges, who are supposed to be neutral parties, to prosecutors, who are necessarily partisan. …
The Impact Of Civilian Aggravating Factors On The Military Death Penalty (1984-2005): Another Chapter In The Resistance Of The Armed Forces To The Civilianization Of Military Justice, Catherine M. Grosso, David C. Baldus, George Woodworth
The Impact Of Civilian Aggravating Factors On The Military Death Penalty (1984-2005): Another Chapter In The Resistance Of The Armed Forces To The Civilianization Of Military Justice, Catherine M. Grosso, David C. Baldus, George Woodworth
University of Michigan Journal of Law Reform
In 1984, the U.S. Armed Forces amended its capital punishment system for death eligible murder to bring it into compliance with Furman v. Georgia. Those amendments were modeled after death penalty legislation prevailing in over thirty states. After a brief period between 1986 and 1990, the charging decisions of commanders and the conviction and sentencing decisions of court martial members (jurors) transformed the military death penalty system into a dual system that treats two classes of death eligible murder quite differently. Since 1990, a member of the armed forces accused of a killing a commissioned officer or murder with a …
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner
BYU Law Review
No abstract provided.
Bombed Away: How The Second Circuit Destroyed Fourth Amendment Rights Of U.S. Citizens Abroad, Carla Crandall
Bombed Away: How The Second Circuit Destroyed Fourth Amendment Rights Of U.S. Citizens Abroad, Carla Crandall
BYU Law Review
No abstract provided.
Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor
Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the nature and meaning of terrorism trials during the United States’ war on terror.
The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray
The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray
Pace International Law Review Online Companion
The human rights abuses suffered by detainees held at Guantánamo Bay have dominated many of the cases before the United Kingdom’s courts. The Human Rights Act of 1998, still relatively new to the statute book, played a central role in the detainees’ arguments. The ultimate court decisions, however, often relegate such factors to the background of the case. This article examines why the deciding courts declined to develop the law of diplomatic protection on the basis of human rights concerns, and why such arguments continue to be employed by detainees. Furthermore, the article assesses why the English courts have shown …
National Security Courts: A European Perspective, Mindia Vashakmadze
National Security Courts: A European Perspective, Mindia Vashakmadze
Pace International Law Review Online Companion
No abstract provided.
Jurisdictional Discovery In United States Federal Courts, S. I. Strong
Jurisdictional Discovery In United States Federal Courts, S. I. Strong
Faculty Publications
The article begins with a discussion of the historical development and jurisprudential bases for jurisdictional discovery, then analyzes the two major structural problems with the device, namely (1) the lack of any identifiable standard regarding when jurisdictional discovery will be ordered and (2) the absence of any understanding about the proper scope of such discovery. Next, the article describes the root causes of these structural inadequacies and proposes several ways to address the root concerns, relying on a new line of Supreme Court precedent (including Ashcroft v. Iqbal) as well as analogies to other common law jurisdictions. The paper concludes …
The Language Of Supreme Court Briefs: A Large-Scale Quantitative Investigation, Brady Coleman, Quy Phung
The Language Of Supreme Court Briefs: A Large-Scale Quantitative Investigation, Brady Coleman, Quy Phung
The Journal of Appellate Practice and Process
No abstract provided.
Using Legislative History In Arkansas To Determine Legislative Intent: An Examination Of Cases And Review Of The Sources, Kathryn C. Fitzhugh, Melissa M. Serfass
Using Legislative History In Arkansas To Determine Legislative Intent: An Examination Of Cases And Review Of The Sources, Kathryn C. Fitzhugh, Melissa M. Serfass
University of Arkansas at Little Rock Law Review
This article summarizes the legislative process in Arkansas. It lists and provides descriptions of Arkansas's primary sources of legislation, including print and online resources. An examination of case law focuses on this question: what do Arkansas appellate courts mean when they say they consider legislative history in determining the intent of the legislature; specifically, what types of information will the courts consider? A brief discussion of several general rules of statutory construction in Arkansas precedes an examination of specific sources the courts have relied on. These sources include House and Senate Journals, act titles, preambles, emergency clauses, official commentary, executive …
State Supreme Court Opinions As Law Development, Victor Eugene Flango
State Supreme Court Opinions As Law Development, Victor Eugene Flango
The Journal of Appellate Practice and Process
No abstract provided.
Matters In Abatement, Aaron R. Petty
Matters In Abatement, Aaron R. Petty
The Journal of Appellate Practice and Process
No abstract provided.
Lethal Discrimination, J. Thomas Sullivan
Lethal Discrimination, J. Thomas Sullivan
Law Faculty Scholarship
No abstract provided.
Tort Damages And The New Science Of Happiness, Rick Swedloff, Peter H. Huang
Tort Damages And The New Science Of Happiness, Rick Swedloff, Peter H. Huang
Indiana Law Journal
No abstract provided.
Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring
Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring
William & Mary Law Review
Much of the social science literature on judicial behavior has focused on the impact of ideology on how judges vote. For the most part, however, legal scholars have been reluctant to embrace empirical scholarship that fails to address the impact of legal constraints and the means by which judges reason their way to particular outcomes. This Article attempts to integrate and address the concerns of both audiences by way of an empirical examination of the Supreme Court’s use of a particular interpretive technique— namely, the use of legislative history to determine the purpose and meaning of a statute. We analyzed …
The Usual Practice: Raising And Deciding Failure To Exhaust Administrative Remedies As An Affirmative Defense Under The Prison Litigation Reform Act, Joshua S. Moskovitz
The Usual Practice: Raising And Deciding Failure To Exhaust Administrative Remedies As An Affirmative Defense Under The Prison Litigation Reform Act, Joshua S. Moskovitz
Cardozo Law Review
No abstract provided.
Xilinx Revisited, Reuven S. Avi-Yonah
Xilinx Revisited, Reuven S. Avi-Yonah
Articles
On March 22 the Ninth Circuit released its new opinion in Xilinx v. Commissioner, Doc 2010-6163, 2010 WTD 55-42. 1 As has been expected since the panel withdrew its original opinion, it reversed itself and in a 2-1 opinion held for the taxpayer. The opinion makes it pretty clear why the reversal occurred. It was the result of concentrated pressure by the international tax community and the fact that the government was unwilling to defend the theory on which the panel originally decided the case: that the arm’s-length standard of the section 482 regulations does not apply to cost sharing. …
Selman And Kitzmiller And The Imposition Of Darwinian Orthodoxy, Robert J. D'Agostino
Selman And Kitzmiller And The Imposition Of Darwinian Orthodoxy, Robert J. D'Agostino
Brigham Young University Education and Law Journal
No abstract provided.
Impeachment As Judicial Selection?, Tuan Samahon
Impeachment As Judicial Selection?, Tuan Samahon
William & Mary Bill of Rights Journal
No abstract provided.
Smart Grid Technology: The Future Of The Electric Utility Industry, Michael W. Yackira
Smart Grid Technology: The Future Of The Electric Utility Industry, Michael W. Yackira
University of Richmond Law Review
Energy is leading many agendas these days, and, indeed, the energy landscape is changing-taking it a step further, it is actually transforming. This could be as big a transformation for the electric utility industry as the automated teller machine was for the banking industry and the cell phone was for telecommunications.
Introduction To The First Annual Survey Of The Ninth And Tenth Circuits
Introduction To The First Annual Survey Of The Ninth And Tenth Circuits
BYU Law Review
No abstract provided.
Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Immunity In Doe V. Holy See, Edan Burkett
BYU Law Review
No abstract provided.
Lopez-Rodriguez V. Mukasey: The Ninth Circuit’S Expansion Of The Exclusionary Rule In Immigration Hearings Contradicts The Supreme Court’S Lopezmendoza Decision, Eric W. Clarke
BYU Law Review
No abstract provided.
Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton
Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton
BYU Law Review
No abstract provided.
Torture And Public Policy: Mohamed V. Jeppesen Dataplan, Inc., Allows “Extraordinary Rendition” Victims To Litigate Around State Secrets Doctrine , Michael P. Jensen
Torture And Public Policy: Mohamed V. Jeppesen Dataplan, Inc., Allows “Extraordinary Rendition” Victims To Litigate Around State Secrets Doctrine , Michael P. Jensen
BYU Law Review
No abstract provided.
Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson
Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson
BYU Law Review
No abstract provided.
United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen
United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen
BYU Law Review
No abstract provided.
How The Tenth Circuit’S Ruling In Martinez V. Beggs Affects The Deliberate Indifference Standard For Eighth Amendment Claims, Chad Olsen
BYU Law Review
No abstract provided.
In Re Williams Securities Litigation—Wcg Subclass: How Dura Met Daubert, Bryan L. Phipps
In Re Williams Securities Litigation—Wcg Subclass: How Dura Met Daubert, Bryan L. Phipps
BYU Law Review
No abstract provided.
Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond
Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond
BYU Law Review
No abstract provided.