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Supreme Court

Discipline
Institution
Publication Year
Publication
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Articles 481 - 510 of 745

Full-Text Articles in Courts

Rule 803(8)(C): Public Records And Reports Jan 1996

Rule 803(8)(C): Public Records And Reports

Touro Law Review

No abstract provided.


The Supreme Court And Our Culture Of Irresponsibility, Mary J. Davis Jan 1996

The Supreme Court And Our Culture Of Irresponsibility, Mary J. Davis

Law Faculty Scholarly Articles

This article chronicles the Supreme Court's expansion of the “culture of irresponsibility,” where institutional defendants are freed from tort liability with no check on the abuse of such immunity. Professor Davis describes the Court's progression toward immunity in products liability decisions of the past decade including East River Steamship, Boyle, Cipollone, and Lohr. Noting the effect of the Court's decisions in promoting institutional irresponsibility, Professor Davis encourages the Court to use its “cultural influence” and reconsider its broad extension of immunity which has spread to situations and institutional defendants the Court never imagined.


Appropriations Jan 1996

Appropriations

Touro Law Review

No abstract provided.


Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski Jan 1996

Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski

Faculty Scholarship

A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …


Noam Chomsky And Judicial Review, James G. Wilson Jan 1996

Noam Chomsky And Judicial Review, James G. Wilson

Cleveland State Law Review

This Commentary will consider four authorities who are hardly considered standard-bearers of the Left: Aristotle, Edmund Burke, James Madison, and Justice Oliver Wendell Holmes. Insights from Aristotle, Burke, Madison, Holmes, and Chomsky will be combined into following set of propositions: (1) the Supreme Court has a constitutional and historical obligation to resist tyranny and other forms of constitutional perversion and factionalism; (2) the Supreme Court has a unique duty and capacity to combat abuses of private power; (3) private corporations and the well-to-do have gained so much power that they have become a dangerous faction that is turning our government …


Original Intent And Article Iii, Michael L. Wells, Edward J. Larson Nov 1995

Original Intent And Article Iii, Michael L. Wells, Edward J. Larson

Scholarly Works

Article III of the United States Constitution sets limits on the ability of the legislature to expand or contract the jurisdiction of the federal courts. The Supreme Court has generally held that Article III's restraints on the power of the legislature to restrict the jurisdiction of the federal courts are few and extremely permissive. Many scholars, however, argue that Article III imposes some strong limitations on the legislature's ability to define federal jurisdiction. Strangely, both sides of the debate rely on originalist arguments. This Article argues that reliance on the Framers' intent to resolve issues of federal courts law is …


The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers Oct 1995

The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers

Indiana Law Journal

Symposium: The Capital Jury Project


Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat Oct 1995

Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat

Indiana Law Journal

Symposium: The Capital Jury Project


Cross-Overs-Capital Jurors Who Change Their Minds About The Punishment: A Litmus Test For Sentencing Guidelines, Marla Sandys Oct 1995

Cross-Overs-Capital Jurors Who Change Their Minds About The Punishment: A Litmus Test For Sentencing Guidelines, Marla Sandys

Indiana Law Journal

Symposium: The Capital Jury Project


Should Juries And The Death Penalty Mix?: A Prediction About The Supreme Court's Answer, Christopher Slobogin Oct 1995

Should Juries And The Death Penalty Mix?: A Prediction About The Supreme Court's Answer, Christopher Slobogin

Indiana Law Journal

Symposium: The Capital Jury Project


Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann Oct 1995

Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann

Indiana Law Journal

Symposium: The Capital Jury Project


Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley Jul 1995

Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley

Indiana Law Journal

No abstract provided.


Modification Of Child Support Awards Under New York Child Support Standards Act, Barbara Gonzo Jan 1995

Modification Of Child Support Awards Under New York Child Support Standards Act, Barbara Gonzo

Touro Law Review

No abstract provided.


Civil Service Appointments And Promotions Jan 1995

Civil Service Appointments And Promotions

Touro Law Review

No abstract provided.


Due Process Jan 1995

Due Process

Touro Law Review

No abstract provided.


Equal Protection Jan 1995

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1995

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1995

Equal Protection

Touro Law Review

No abstract provided.


Frreedom Of Religion Jan 1995

Frreedom Of Religion

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1995

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1995

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Home Rule Jan 1995

Home Rule

Touro Law Review

No abstract provided.


Ineffective Assistance Of Counsel Jan 1995

Ineffective Assistance Of Counsel

Touro Law Review

No abstract provided.


Public Relief Jan 1995

Public Relief

Touro Law Review

No abstract provided.


Right To Counsel Jan 1995

Right To Counsel

Touro Law Review

No abstract provided.


Right To Counsel Jan 1995

Right To Counsel

Touro Law Review

No abstract provided.


Right To Cross-Examine Jan 1995

Right To Cross-Examine

Touro Law Review

No abstract provided.


Appropriations Jan 1995

Appropriations

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1995

Double Jeopardy

Touro Law Review

No abstract provided.


Power Of Courts Jan 1995

Power Of Courts

Touro Law Review

No abstract provided.