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Court

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Articles 121 - 150 of 177

Full-Text Articles in Courts

Turning The Tables: Using The Government’S Secrecy And Security Arsenal For The Benefit Of The Client In Terrorism Prosecutions, Sam A. Schmidt, Joshua L. Dratel Jan 2004

Turning The Tables: Using The Government’S Secrecy And Security Arsenal For The Benefit Of The Client In Terrorism Prosecutions, Sam A. Schmidt, Joshua L. Dratel

NYLS Law Review

No abstract provided.


Judicial Independence In Family Courts, Barbara A. Babb, Judith D. Moran Jan 2003

Judicial Independence In Family Courts, Barbara A. Babb, Judith D. Moran

All Faculty Scholarship

No abstract provided.


Book Review, David S. Tanenhaus Jan 2003

Book Review, David S. Tanenhaus

Scholarly Works

This concise book explores the origins and early history of the Cook County Juvenile Court, the world’s first such court. The court, which opened on July 3, 1899, in Chicago, reflected its founders’ profound faith both in science to solve social problems and the power of the state to provide for the best interests of its children. Yet, as Getis argues, the juvenile court did not live up to its initial promise, and “instead of a place of experimentation and reform—which it could have been—or a place of individualized justice guided by science—perhaps an unattainable goal—the court became an institution …


Supreme Court Federalism Decisions, Leon Friedman Jan 2000

Supreme Court Federalism Decisions, Leon Friedman

Touro Law Review

No abstract provided.


Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson Jan 2000

Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson

Law Faculty Scholarly Articles

How do you modify laws that simultaneously exist as statutes and rules of court? For reasons that are described elsewhere and need not be repeated here, the Kentucky Rules of Evidence (K.R.E.) came into existence through concurrent enactment by the General Assembly and Kentucky Supreme Court and thus are endowed with all the attributes of both statutes and rules of court. So, how do you change them when the inevitable need to do so arises, a question made both interesting and difficult by the fact that there is no institutional mechanism for concurrent lawmaking by the General Assembly and supreme …


Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson Jan 1999

Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson

Law Faculty Scholarly Articles

The Kentucky Rules of Evidence, which became effective on July 1, 1992, dramatically transformed the method by which lawyers and judges address evidence issues. Before the adoption of the Rules, the law of evidence consisted mostly of a vast collection of common law rulings, accumulated over two centuries and inaccessible to lawyers and judges for all practical purposes. In addressing an evidence issue, participants had to first deal with the problem of "finding" the law-distilling from a morass of conflicting common law precedents the ones applicable to the issue at hand, a task regularly producing contention rather than agreement and, …


Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley Jan 1999

Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley

Scholarly Works

Professor Blakesley participates in this panel discussion on the International Criminal Court. The Association of American Law Schools sponsored the panel.


The Arkansas Supreme Court And The Civil War, L. Scott Stafford Jan 1999

The Arkansas Supreme Court And The Civil War, L. Scott Stafford

Law Faculty Scholarship

No abstract provided.


A More Complete Look At Complexity, Jeffrey W. Stempel Jan 1998

A More Complete Look At Complexity, Jeffrey W. Stempel

Scholarly Works

The ability of courts to successfully resolve complex cases has been a matter of contentious debate, not only for the last quarter-century, but for most of the twentieth century. This debate has been part of the legal landscape at least since Judge Jerome Frank's polemic book from which this Symposium derives its title, and probably since Roscoe Pound's famous address to the American Bar Association. During the 1980s and 1990s in particular, the battlelines of the pro-and anti-court debate have been brightly drawn. Some commentators, most reliably successful plaintiffs' counsel and politically liberal academics, defend the judicial track record in …


"Doubts About Our Processes": Richard D. Simons And The Jurisprudence Of Restraint In State Constitutional Analysis, David E. Mccraw Jan 1997

"Doubts About Our Processes": Richard D. Simons And The Jurisprudence Of Restraint In State Constitutional Analysis, David E. Mccraw

Touro Law Review

No abstract provided.


Dedication To The Honorable Richard D. Simons, Patrick M. Connors Jan 1997

Dedication To The Honorable Richard D. Simons, Patrick M. Connors

Touro Law Review

No abstract provided.


The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie Jan 1996

The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie

Touro Law Review

No abstract provided.


Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle Jan 1996

Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle

Faculty Scholarship

Constitutional claims invariably turn on the underlying historical facts. In order to adjudicate claims presented in habeas corpus petitions, accordingly, the federal courts must somehow ascertain the facts. In some instances, the factual record can be augmented via discovery or expansion of the record under the federal habeas corpus rules.' Otherwise, disputed factual issues typically must be determined on the basis of previous litigation in state court or in independent federal evidentiary hearings.


Bias In The Washington Courts: A Call For Reform, Melisa D. Evangelos Jan 1993

Bias In The Washington Courts: A Call For Reform, Melisa D. Evangelos

Seattle University Law Review

Because of the documented threat that racial and gender bias pose to the effective administration of justice in Washington, this Comment advocates amending the Washington Rules of Professional Conduct to explicitly make intentional gender and racial bias an act of attorney misconduct and to discipline any attorney who engages in such behavior. Section I of this Comment identifies and describes instances of attorney behavior that result in gender and racial bias and explains the impact of such bias on attorneys, clients, and the judicial system. Section II explores similar anti-bias rules proposed or in place in other states. Section III …


Right To Be Present Jan 1993

Right To Be Present

Touro Law Review

No abstract provided.


Trial By Jury Jan 1993

Trial By Jury

Touro Law Review

No abstract provided.


Voting Behavior On The Texas Court Of Criminal Appeals, 1991-92, Keith A. Rowley, Michael D. Weiss Jan 1993

Voting Behavior On The Texas Court Of Criminal Appeals, 1991-92, Keith A. Rowley, Michael D. Weiss

Scholarly Works

Between early 1991, when Judge Fortunato Benavides was appointed to replace Judge Marvin O. Teague, and July 1, 1992, the Texas Court of Criminal Appeals decided 251 cases where the ultimate question at stake was whether or not an accused individual would receive punishment for his or her alleged wrongdoing. While the sitting judges unanimously decided roughly one-half of these cases, 133 cases resulted in one or more dissenting votes. Furthermore, a margin of two votes or less decided thirty-five cases.

The purpose of this Article is to analyze and, if possible, explain the voting behavior of the members of …


Supreme Court Jurisdiction Jan 1993

Supreme Court Jurisdiction

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Labor Not A Commodity Jan 1992

Labor Not A Commodity

Touro Law Review

No abstract provided.


Equal Protection Jan 1992

Equal Protection

Touro Law Review

No abstract provided.


Public Relief Jan 1992

Public Relief

Touro Law Review

No abstract provided.


Right To Be Present Jan 1992

Right To Be Present

Touro Law Review

No abstract provided.


Trial By Jury Jan 1992

Trial By Jury

Touro Law Review

No abstract provided.


Comptroller And Attorney-General Jan 1992

Comptroller And Attorney-General

Touro Law Review

No abstract provided.


Corporate Pro-Choice: New York Assumes An Anti-Takover Position, Paula Walter Jan 1992

Corporate Pro-Choice: New York Assumes An Anti-Takover Position, Paula Walter

Touro Law Review

No abstract provided.


Preemption Of Local Law By State Legislature Jan 1992

Preemption Of Local Law By State Legislature

Touro Law Review

No abstract provided.


Right To Be Present Jan 1992

Right To Be Present

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Self-Incrimination Jan 1992

Self-Incrimination

Touro Law Review

No abstract provided.