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Articles 10411 - 10440 of 16644

Full-Text Articles in Courts

Reputational Review I: Expertise, Bias And Delay, Robert E. Hawkins Apr 1998

Reputational Review I: Expertise, Bias And Delay, Robert E. Hawkins

Dalhousie Law Journal

Expertise, bias and delay arguments are shifting the focus of judicial review from the legality of administrative decisions to the reputation of administrative decision- makers. These grounds measure the skill, objectivity and efficiency characteristics that define administrators' reputations. They make it possible for courts to consider these reputations, even if only by way of unarticulated judicial notice, when deciding judicial review applications. After setting out the theory of expertise, bias and delay implicit in recent Supreme Court of Canada decisions, the author concludes that courts must use less impressionistic measures in judging these concepts, lawyers must present more concrete reputational …

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Civility A Speech Delivered By Associate Justice Clarence Thomas To Students At Washington And Lee University School Of Law Lexington, Virginia Tuesday, March 10, 1998, Clarence Thomas Apr 1998

Civility A Speech Delivered By Associate Justice Clarence Thomas To Students At Washington And Lee University School Of Law Lexington, Virginia Tuesday, March 10, 1998, Clarence Thomas

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Birds Of A Feather: Alliances And Influences On The Lamer Court 1990-1997, Peter Mccormick Apr 1998

Birds Of A Feather: Alliances And Influences On The Lamer Court 1990-1997, Peter Mccormick

Osgoode Hall Law Journal

The Supreme Court does not always speak with a single voice; for many decisions, there are judges who register disagreement with the majority's legal reasoning or even with the outcome. Are there identifiable fault lines dividing a persisting "majority" and "minority?" Are there one or more "swing vote" judges who allow the minority some share of the decisions of the Court? And, given that the coalitions are shifting rather than rigid, which pairings of judges most frequently (or most seldom) hold together through these shifts? This paper examines the divided panel decisions of the first seven years of the Lamer …

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Where We Stand: An Analysis Of America's Family Law Adjudicatory Systems And The Mandate To Establish Unified Family Courts, Barbara A. Babb Apr 1998

Where We Stand: An Analysis Of America's Family Law Adjudicatory Systems And The Mandate To Establish Unified Family Courts, Barbara A. Babb

All Faculty Scholarship

The volume and scope of family law cases in contemporary American society, as well as their unending nature both individually and systemically, exacerbate the difficulty of their resolution. To address this crisis, the American Bar Association and others have recommended court reform, specifically, the establishment of unified family courts in all jurisdictions. A unified family court is a single forum within which to adjudicate the full range of family law issues, based on the notion that court effectiveness and efficiency increase when the court resolves a family's legal problems in as few appearances as possible. The model is based on …

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Oregon V. Elstad Revisited: Urging State Court Judges To Depart From The U.S. Supreme Court's Narrowing Of Miranda, Claudia R. Barbieri Mar 1998

Oregon V. Elstad Revisited: Urging State Court Judges To Depart From The U.S. Supreme Court's Narrowing Of Miranda, Claudia R. Barbieri

University of the District of Columbia Law Review

Imagine an average young man on the threshold of adulthood, living in a medium-sized town in a middle-class family. Still in his early years, he gets into a little local trouble and one day finds the police at his door. They ask him questions about a burglary. He panics, and as he racks his brain for some scrap of legal knowledge that might get him out of this frightening situation, he admits that he knows about the crime, stating he was there. The police become more persistent, telling him they know about his involvement, asking him if he wants to …

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Sierra Club V. San Antonio: In Search Of The Appropriate Application Of The Burford Abstention, David Carter Mar 1998

Sierra Club V. San Antonio: In Search Of The Appropriate Application Of The Burford Abstention, David Carter

Brigham Young University Journal of Public Law

No abstract provided.

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Balancing The Scales: The 1996 Telecommunications Act And Eleventh Amendment Immunity, Cynthia L. Bauerly Mar 1998

Balancing The Scales: The 1996 Telecommunications Act And Eleventh Amendment Immunity, Cynthia L. Bauerly

Federal Communications Law Journal

The Telecommunications Act of 1996 explicitly created a role for federal courts in the interconnection process. However, parties' ability to seek federal review of interconnection agreements is no longer as straightforward as the language of the Act implies. The Supreme Court's unnecessarily novel and narrow reading of Eleventh Amendment immunity in Seminole Tribe v. Florida renders unenforceable the federal review provisions of the Act against state regulatory commissions. While some interconnection agreements may find their way into federal court, for example, where a party seeking to interconnect sues an incumbent provider instead of the state commission, enforcement of a federal …

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Raines V. Byrd: A Death Knell For The Congressional Suit?, Adam L. Blank Mar 1998

Raines V. Byrd: A Death Knell For The Congressional Suit?, Adam L. Blank

Mercer Law Review

In Raines v. Byrd, the Supreme Court of the United States denied standing to six members of Congress who challenged the constitutionality of the Line Item Veto Act. In its first consideration of congressional standing in nearly two decades, the Court held that a perceived diminution in institutional voting strength did not create a sufficiently particularized injury in fact to satisfy the Article III "case or controversy" requirement.

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Literary Formalism, Legal Formalism, Jeffrey Malkan Mar 1998

Literary Formalism, Legal Formalism, Jeffrey Malkan

Cardozo Law Review

No abstract provided.

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Plain Meaning, Practical Reason, And Cuplability: Toward A Theory Of Jury Interpretation Of Criminal Statutes, Darryl K. Brown Mar 1998

Plain Meaning, Practical Reason, And Cuplability: Toward A Theory Of Jury Interpretation Of Criminal Statutes, Darryl K. Brown

Michigan Law Review

In one of the few existing recordings of American juries deliberating in an actual criminal case, Wisconsin v. Reed, we observe jurors struggling with how they should apply a statute in a case in which the facts are not in real dispute. The defendant is charged with felon in possession of a gun, and all agree that he has a felony record and owned a pistol until he turned it over to the police upon their request. The statute contains three elements. The defendant must (a) have a felony conviction, (b) have possessed a gun, and (c) have known that …

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What To Believe About What To Believe: Implications For Security Bureaucracies, Ibpp Editor Feb 1998

What To Believe About What To Believe: Implications For Security Bureaucracies, Ibpp Editor

International Bulletin of Political Psychology

This article describes psychological findings on the confidence of eyewitnesses for their own testimony and the reactions of jury members to eyewitness testimony. These findings are related to adjudications of alleged security violations.

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Juries And Damages: A Commentary, Nancy S. Marder Feb 1998

Juries And Damages: A Commentary, Nancy S. Marder

All Faculty Scholarship

No abstract provided.

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Fostering Balance On The Federal Courts , Carl Tobias Feb 1998

Fostering Balance On The Federal Courts , Carl Tobias

American University Law Review

No abstract provided.

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O'Dell V. Netherland: A Bedrock Principal Of Fundamental Fairness, Joanne T. Hannaway Jan 1998

O'Dell V. Netherland: A Bedrock Principal Of Fundamental Fairness, Joanne T. Hannaway

Loyola University Chicago Law Journal

No abstract provided.

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Should The Illinois Courts Care About Corporate Deadlock, Thomas J. Bamonte Jan 1998

Should The Illinois Courts Care About Corporate Deadlock, Thomas J. Bamonte

Loyola University Chicago Law Journal

No abstract provided.

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Volume 65 (1997-1998) Jan 1998

Volume 65 (1997-1998)

Tennessee Law Review

No abstract provided.

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Off Broadway: The Supreme Court's Criminal Law Decisions In The 1996 Term Take Second Stage In An Historic Term, William E. Hellerstein Jan 1998

Off Broadway: The Supreme Court's Criminal Law Decisions In The 1996 Term Take Second Stage In An Historic Term, William E. Hellerstein

Touro Law Review

No abstract provided.

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Toward The Development Of A Caribbean Jurisprudence: The Case For Establishing A Caribbean Court Of Appeal, Roget V. Bryan Jan 1998

Toward The Development Of A Caribbean Jurisprudence: The Case For Establishing A Caribbean Court Of Appeal, Roget V. Bryan

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Rule Of Law Amid Lawlessness: Counseling The Accused In Rwanda's Domestic Genocide Trials, Mark A. Drumbl Jan 1998

Rule Of Law Amid Lawlessness: Counseling The Accused In Rwanda's Domestic Genocide Trials, Mark A. Drumbl

Scholarly Articles

This article, by way of personal narrative, sets out my experiences with Legal Aid Rwanda in February and March of 1998. In doing so, it describes, from a defense counsel perspective, an attempt to create due process within a procedural void. Legal Aid Rwanda's mandate focused not on the handful of detainees actually selected to proceed to trial, but rather on the vast numbers languishing in prison. In the end, my experiences lead me to question the merit of a courtroom in addressing mass crimes, of adjudication as a device to promote national reconciliation in a post-genocidal society, and of …

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Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger Jan 1998

Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger

Faculty Scholarship

No abstract provided.

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Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry Jan 1998

Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry

UIC Law Review

No abstract provided.

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Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie Jan 1998

Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie

UIC Law Review

No abstract provided.

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Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland Jan 1998

Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland

UIC Law Review

No abstract provided.

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The Execution Under Oath Of U.S. Litigation Documents: Must Signatures Be Authenticated, 31 J. Marshall L. Rev. 927 (1998), Thomas W. Tobin Jan 1998

The Execution Under Oath Of U.S. Litigation Documents: Must Signatures Be Authenticated, 31 J. Marshall L. Rev. 927 (1998), Thomas W. Tobin

UIC Law Review

No abstract provided.

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Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan Jan 1998

Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan

UIC Law Review

No abstract provided.

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Rape In Wartime: Redress In United States Courts Under The Alien Tort Claims Act, Susana Sácouto Jan 1998

Rape In Wartime: Redress In United States Courts Under The Alien Tort Claims Act, Susana Sácouto

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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The Badinter Commission: The Use And Misuse Of The International Court Of Justice's Jurisprudence, Michla Pomerance Jan 1998

The Badinter Commission: The Use And Misuse Of The International Court Of Justice's Jurisprudence, Michla Pomerance

Michigan Journal of International Law

It has long been the dream of those anxious to increase the role of adjudication in international relations that the International Court of Justice ("ICJ," "International Court," or "the Court") would act in the international arena as a superior court-a forum whose pronouncements would nourish, sustain, and help unify the jurisprudence of other international tribunals, whether of an ad hoc or standing nature, and of national courts handling international law issues. In the context of self-determination, the Arbitration Commission of the European Community's Conference for Peace in Yugoslavia ("the Badinter Commission," "the Commission," or "the Arbitration Commission") would appear, at …

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Reproductive Liberty Under The Threat Of Care: Deputizing Private Agents And Deconstructing State Action, Linda Kelly Jan 1998

Reproductive Liberty Under The Threat Of Care: Deputizing Private Agents And Deconstructing State Action, Linda Kelly

Michigan Journal of Gender & Law

This Article uncovers the unsettling parallels between feminism and the recent restrictions on reproductive liberty in order to reveal the threat posed by the feminist ethic of care. By critically reexamining feminism's foundation and direction, the need for greater emphasis on female individuality becomes apparent. Kelly’s contention is that such a perspective, aggressively supported by the state, will ensure feminism's progress and encourage the achievement of gender equality.

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Fasb's Folly: A Look At The Misguided New Rules On Dericatives Valuation And Disclosure, Michael S. Lesak Jan 1998

Fasb's Folly: A Look At The Misguided New Rules On Dericatives Valuation And Disclosure, Michael S. Lesak

Loyola University Chicago Law Journal

No abstract provided.

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Inverstors, Look Before You Leap: The Suitability Doctrine Is Not Suitable For Otc Derivatives Dealers, Willa E. Gibson Jan 1998

Inverstors, Look Before You Leap: The Suitability Doctrine Is Not Suitable For Otc Derivatives Dealers, Willa E. Gibson

Loyola University Chicago Law Journal

No abstract provided.

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