Courts Commons^™

In Re Grabill Corporation; Appeal Of Ncnb National Bank Of North Carolina: Four To One Against Jury Trials In Bankruptcy Courts, Merritt Mcgarrah

Mercer Law Review

In In re Grabill Corporation; Appeal of NCNB National Bank of North Carolina, the Seventh Circuit Court of Appeals joined the majority of the federal circuits in holding that bankruptcy judges do not have the express or implied authority to conduct jury trials. When the Seventh Amendment grants the right to a jury trial, the district court must conduct the trial.

Nonacquiescence By The Social Security Administration As A Matter Of Law: Using Stieberger V. Sullivan As A Model, Jody L. Davis

Mercer Law Review

Intracircuit nonacquiescence by an administrative agency is the "deliberate refusal to implement holdings in binding [circuit] court [of appeals] decisions in cases adjudicated before it." When a circuit court renders a decision that differs from the agency's schematic, the agency will either issue a formal declaration that it will not follow the circuit decision, or will silently disregard the decision and attempt to impress others that it is following the circuit's rule. The Social Security Administration's ("SSA") policy of intracircuit nonacquiescence in the Southern District of New York has been successfully challenged as being "inconsistent with the constitutionally required separation …

Watershed Based Initiatives For Water Resource Planning And Management In Washington State, Kenneth O. Slattery

Water Organizations in a Changing West (Summer Conference, June 14-16)

16 pages.

Contains references.

Fort Collins And The Cache La Poudre River: An Integrated Greenway Vision, Kari V. Henderson

Water Organizations in a Changing West (Summer Conference, June 14-16)

16 pages.

Contains references.

Water Quality Impacts Of The Point Of Diversion, Robert C. Helwick

Water Organizations in a Changing West (Summer Conference, June 14-16)

14 pages.

Contains references.

Providing For Fisheries, Recreation, And Other Instream Benefits, Ron Bishop

Water Organizations in a Changing West (Summer Conference, June 14-16)

10 pages.

Overview Of Public And Private Options For Evolving Water Organizations, Lee Kapaloski

Water Organizations in a Changing West (Summer Conference, June 14-16)

15 pages (includes illustration).

Contains footnotes.

Public And Private Options For Evolving Water Organizations, Tim De Young, Duane Brown

Water Organizations in a Changing West (Summer Conference, June 14-16)

45 pages.

Supplying Southern California With Dependable Supplies Of Water, Duane L. Georgeson

Water Organizations in a Changing West (Summer Conference, June 14-16)

20 pages (includes 1 map).

Contains references.

The Relevance Of Water “Ownership” To Water Markets And Other Issues, Barton H. Thompson, Jr.

Water Organizations in a Changing West (Summer Conference, June 14-16)

31 pages.

Contains references.

Ownership Of Water Rights In Irrigation Water Delivery Organizations: An Outline Of The Major Issues, Jeffrey C. Fereday

Water Organizations in a Changing West (Summer Conference, June 14-16)

33 pages.

Contains footnotes.

Juduicial Power & Illusion: The Republic Of China's Council Of Grand Justices And Constitutional Interpretation, F. Fraser Mendel

Washington International Law Journal

The Republic of China underwent a rapid political transformation from an authoritarian nation to a democratic state which required change at every level of the government. The ROC's Council of Grand Justices has contributed to this period of reform through a number of constitutional interpretations which have resulted in greater individual liberties and further restrictions on government actions. This has been accomplished even though the Council operates against substantive and procedural limitations on its powers. A review of these Council interpretations from the past decade reveals that the Council has made steady inroads towards fulfilling its role as the supreme …

Article Ii Courts, David Bederman

Mercer Law Review

It is understandable that a reader may be puzzled by the title of this study. American lawyers are undoubtedly familiar with the notion of "constitutional" courts established under Article III of the Constitution.1 They also are likely to recall another class of federal tribunals, created by virtue of the legislative authority vested in Congress by Article I of the Constitution.' However, few lawyers and scholars are aware that there exists a third class of courts created by the Constitution. These are executive courts that, from time to time in the Republic's history, have been formed to administer justice, in times …

Seqra’S Too Valuable To Trash: A Reply To Stewart Sterk, Philip Weinberg

Cardozo Law Review

No abstract provided.

Thomas's Supreme Unfitness--A Letter To The Senate On Advise And Consent, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

Judicial Reporting Under The Civil Justice Reform Act: Look, Mom, No Cases!, R. Lawrence Dessem

Faculty Publications

This article addresses the new reporting provision of the Civil Justice Reform Act. Part II analyzes the reporting requirement and the requirement's legislative history. Part III describes the implementation of the requirement by the federal judiciary, while Part IV discusses the initial reports filed pursuant to the provision and the media coverage of those reports. Part V next analyzes the wisdom of the reporting requirement, concluding that, on balance, the requirement may be helpful in furthering public accountability of an independent federal judiciary. Part VI then considers what the data now publicly reported under the Civil Justice Reform Act does, …

The Eleventh Commandment: Thou Shalt Not Be Compelled To Render The Ineffective Assistance Of Counsel, Richard Klein

Indiana Law Journal

No abstract provided.

The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman

Indiana Law Journal

No abstract provided.

The Constitution Outside The Courts, Frederick A.O. Schwarz Jr.

Cardozo Law Review

The forty-fourth Cardozo Lecture, delivered in memory of Benjamin N. Cardozo at the House of the Association on December 5, 1991.

Districting: A Second Vantage Point, Alan Gartner

Cardozo Law Review

No abstract provided.

What Courts Do To Secured Creditors In Chapter 11 Cram Down, Jack Friedman

Cardozo Law Review

No abstract provided.

The Judicial Independence Of Canadian Forces General Court Martials: An Analysis Of The Supreme Court Of Canada Judgment In R. V. Genereux, Michael Doi

Dalhousie Law Journal

In R. v. Genereux, the Supreme Court of Canada reviewed the structure of a Canadian Forces General Court Martial and found it to incorporate features which reasonably called its judicial independence into question. This was held to violate the rights of accused military personnel to a fair trial under sub-section 11(d) of the Canadian Charter of Rights and Freedoms. In arriving at this conclusion, the Supreme Court of Canada questioned the legitimacy of Canadian Forces provisions which structure a judicial process governing service personnel as separate and distinct members from the rest of the general population. The Court also reviewed …

Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein

Faculty Publications

No abstract provided.

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.

Federalism: An Architecture For Freedom, Siegfried Wiessner

Cardozo Journal of International and Comparative Law

The article presents federalism as a flexible and effective system for organizing power, emphasizing its relevance in promoting freedom and managing diversity. It argues that federalism, while often misunderstood, offers a viable framework for structuring governance in diverse and restructured communities, particularly in the context of the New Europe.

Judicial Activism And The Administration Of Civil Rights Policy, Kenyon D. Bunch, Grant B. Mindle

Brigham Young University Education and Law Journal

No abstract provided.

Tightening Judicial Standards For Granting Foreign Discovery Requests, Ryan J. Earl

BYU Law Review

No abstract provided.

Employment Division V. Smith And The Decline Of Supreme Court-Centrism, Ira C. Lupu

BYU Law Review

No abstract provided.

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 …

Dialogue And Judicial Review, Barry Friedman

Michigan Law Review

This article argues that most normative legal scholarship regarding the role of judicial review rests upon a descriptively inaccurate foundation. The goal of this article is to redescribe the landscape of American constitutionalism in a manner vastly different than most normative scholarship. At times this article slips across the line into prescription, but by and large the task is descriptive. The idea is to clear the way so that later normative work can proceed against the backdrop of a far more accurate understanding of the system of American constitutionalism.

This article proceeds in three separate parts. Parts I and II …