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Articles 781 - 810 of 1038
Full-Text Articles in Courts
Constitutional Review By The Executive In Foreign Affairs And War Powers: A Consequence Of Rational Choice In The Separation Of Powers, John O. Mcginnis
Constitutional Review By The Executive In Foreign Affairs And War Powers: A Consequence Of Rational Choice In The Separation Of Powers, John O. Mcginnis
Articles
No abstract provided.
The Tribunal In Albania, John Paul Jones
The Tribunal In Albania, John Paul Jones
Law Faculty Publications
Professor Jones explains and critiques "The Organization of Justice and the Constitutional Court," the1992 amendments to Albania's provisional constitution that established the nation's post-revolution judicial system.
When Courts Refuse To Frame The Law And Others Frame It To Their Will, Susan P. Koniak
When Courts Refuse To Frame The Law And Others Frame It To Their Will, Susan P. Koniak
Faculty Scholarship
In the aftermath of Kaye, Scholer, Fierman, Hays & Handler's settlement with the government,1 two versions of the story have emerged. The most popular version features the government actors as villains-villains with new and lethal weapons at their disposal, willing to enforce law that has leapt full grown from their heads like Zeus' child, law of which the rest of the civilized world was unaware. The counterstory, less often told but not without adherents, casts the lawyers of Kaye, Scholer as the villains: unscrupulous and greedy lawyers ready to break any rule, defile any process, twist any truth on …
A Note To Our Readers, The Editors
Judicial Independence, Adequate Court Funding, And Inherent Judicial Powers, Jeffrey Jackson
Judicial Independence, Adequate Court Funding, And Inherent Judicial Powers, Jeffrey Jackson
Maryland Law Review
No abstract provided.
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.
Book Review Of The National Directory Of Courts Of Law 1991, James S. Heller
Book Review Of The National Directory Of Courts Of Law 1991, James S. Heller
Library Staff Publications
No abstract provided.
Specifying Grounds For Judicial Disqualification In Federal Courts., Leslie W. Abramson
Specifying Grounds For Judicial Disqualification In Federal Courts., Leslie W. Abramson
Faculty and Staff Scholarship
One essential component of equal justice under the law is a neutral and detached judge to preside over the court proceedings. Public confidence in the legal system is maintained when a judge has no interest in the parties, attorneys or subject matter of the litigation. Sua sponte or by motion of a party, a federal judge is subject to disqualification for conflicts of interest on both constitutional and statutory grounds
John D. Appel, Leslie Berman
Why The “Look And Feel” Of Computer Software Should Not Receive Copyright Protection, Matthew J. Fortnow
Why The “Look And Feel” Of Computer Software Should Not Receive Copyright Protection, Matthew J. Fortnow
Cardozo Law Review
No abstract provided.
Change Of Position And Estoppel As Defences To An 'Action For Money Paid By Mistake, Karl J. Dore
Change Of Position And Estoppel As Defences To An 'Action For Money Paid By Mistake, Karl J. Dore
Dalhousie Law Journal
The recent decision in RBC Dominion Securities Inc.v. Dawson' raises some interesting questions regarding the defences available to a claim in restitution for the recovery of money paid by mistake. At issue were the, defences of change of position and estoppel. Both defences are recognized in Canadian law, but questions remain regarding their limits and their relationship.
Morguard Investments Ltd.: Emerging International Implications, Simon Coakeley, Peter Finkle, Louise Barrington
Morguard Investments Ltd.: Emerging International Implications, Simon Coakeley, Peter Finkle, Louise Barrington
Dalhousie Law Journal
Events often gain a momentum of their own, sometimes well beyond that anticipated by those who set them in motion; this is as true in the field of law as it is in other areas of human endeavour. MorguardInvestments Ltd. v. De Savoye' is a legal event which seems to be taking on a rapidly building momentum. Basing themselves on this decision, Canadian courts, especially those in British Columbia, are recognizing and enforcing judgments from other courts in civil matters, even when these judgments bear few, if any, of the hallmarks that traditionally entitled a foreign judgment to be recognized …
The Hollow Hope: Can Courts Bring About Social Change?, Ian Holloway
The Hollow Hope: Can Courts Bring About Social Change?, Ian Holloway
Dalhousie Law Journal
Coming as it does in the midst of all the palaver over political correctness within the American academic community, The Hollow Hope is, if nothing else, an opportune articulation of iconoclasm in the debate over civil rights and constitutional law in the United States.' Professor Rosenberg's questioning of the "cult of the court" provides a welcome expression of healthy skepticism towards an institution which conventional myth reveres beyond its due.
The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.
The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.
Scholarly Works
This is the second part of a two-part inquiry into the quality of jury performance in Georgia negligence cases. Evaluation begins from within. That is an especially prominent truth in respect to the trial of negligence cases. The lay-professional partnership composing the civil trial system is unique. the professional's continuity provides a point of perfect perspective on the transient lay component--both its capacity and its performance. If the professional will share that perspective, it can structure a benchmark for foundational appraisal. To their great credit, the state and federal trial judges of Georgia are unstinting in assisting to construct that …
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Articles
No abstract provided.
Principle Versus Politics: The Solicitor General's Office In Constitutional And Bureaucratic Theory, John O. Mcginnis
Principle Versus Politics: The Solicitor General's Office In Constitutional And Bureaucratic Theory, John O. Mcginnis
Articles
No abstract provided.
Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf
Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf
Touro Law Review
No abstract provided.
The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander
The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander
Touro Law Review
No abstract provided.
The Hazelwood Hazard: Litigating And Legislating In The State Domain When Federal Avenues Are Closed, Alexander Wohl
The Hazelwood Hazard: Litigating And Legislating In The State Domain When Federal Avenues Are Closed, Alexander Wohl
St. Thomas Law Review
The focus of this article is to move the awareness of the ability to expand individual rights in the state domain one step further, into the legislative arena; to examine efforts to overcome judicial restrictions under the United States Constitution not simply through an increased use of state judicial remedies but, in instances where that option may fall short or may not be the best alternative, through action in the individual state legislatures. As a means of studying this procedure, this article will focus on a particular Supreme Court decision that limited a previously existing right under the Bill of …
Home Rule And The Secession Of Staten Island: City Of New York V. State Of New York, Florence L. Cavanna
Home Rule And The Secession Of Staten Island: City Of New York V. State Of New York, Florence L. Cavanna
Touro Law Review
No abstract provided.
Dedication Of Plaque Honoring Judge Harold R. Medina, Roger J. Miner '56
Dedication Of Plaque Honoring Judge Harold R. Medina, Roger J. Miner '56
Court Conferences and Events
No abstract provided.
The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus
Touro Law Review
No abstract provided.
Mysteries Of Violence And Self-Defense: Myths For Men, Cautionary Tales For Women, Marianne Wesson
Mysteries Of Violence And Self-Defense: Myths For Men, Cautionary Tales For Women, Marianne Wesson
Publications
No abstract provided.
Judicial Matters, Neal Devins
Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait
Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait
Cardozo Law Review
No abstract provided.
Proving Your Case - Evidence And Procedure In Action, Christopher Finlayson
Proving Your Case - Evidence And Procedure In Action, Christopher Finlayson
Cardozo Law Review
No abstract provided.
Mistrial By Likelihood Ratio: Bayesian Analysis Meets The F-Word, Paul Bergman, Al Moore
Mistrial By Likelihood Ratio: Bayesian Analysis Meets The F-Word, Paul Bergman, Al Moore
Cardozo Law Review
No abstract provided.
Nationwide Service Of Process In State Courts, David Carlebach
Nationwide Service Of Process In State Courts, David Carlebach
Cardozo Law Review
No abstract provided.
Justice Scalia’S Textualism: The “New” New Legal Process, Nicholas S. Zeppos
Justice Scalia’S Textualism: The “New” New Legal Process, Nicholas S. Zeppos
Cardozo Law Review
No abstract provided.
Tradition, Precedent, And Justice Scalia, David A. Strauss
Tradition, Precedent, And Justice Scalia, David A. Strauss
Cardozo Law Review
No abstract provided.