Courts Commons^™

Volume 60

Tennessee Law Review

No abstract provided.

Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller

Michigan Journal of International Law

The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted by Congress in 1970 to combat organized crime in America. Since its enactment, it has been used extensively in both the civil and criminal arenas. With the participation of foreign corporations, foreign subsidiaries, and foreign actors in general in the U.S. economy, it is only a matter of time before foreign defendants will be sued under RICO. This Note will discuss whether RICO should be applied extraterritorially: that is, whether federal courts should assume jurisdiction over foreign entities as defendants in RICO claims. First, RICO's language, legislative history and application …

South Carolina's Largest Slave Auctioneering Firm, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

This article presents the original finding that South Carolina's legal system conducted a majority of the state's slave auctions during the antebellum years.Courts conducted slave auctions in several circumstances. Sheriffs sold the property of debtors; and courts also conducted or supervised sales in order to divide estates. Drawing upon extensive empirical analysis of primary sources in various South Carolina archives, this article compares the total number of slaves sold at court-ordered or court-supervised sales with the best empirical estimates for private slave sales - whether at auction or not. The conclusion is that the courts acted as the state's greatest …

Search & Seizure

Touro Law Review

No abstract provided.

Search & Seizure

Touro Law Review

No abstract provided.

Judicial Conduct

Touro Law Review

No abstract provided.

Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Patent Law Developments In The United States Court Of Appeals For The Federal Circuit During 1992, Kendrew H. Colton, Michael W. Haas

American University Law Review

No abstract provided.

An Overview Of Illinois Contempt Law: A Court's Inherent Power And The Appropriate Procedures And Sanctions, 26 J. Marshall L. Rev. 223 (1993), Robert G. Johnston, Kevin E. Bry

UIC Law Review

No abstract provided.

Jaws Xvi: The Exceptions That Ate Rule 220, 26 J. Marshall L. Rev. 189 (1993), Charles W. Chapman

UIC Law Review

No abstract provided.

Time Warps And Identity Crises: Muddling Through The Misnomer/Misidentification Mess, 26 J. Marshall L. Rev. 257 (1993), Diane S. Kaplan, Kimberly L. Craft

UIC Law Review

No abstract provided.

Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis

UIC Law Review

No abstract provided.

A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger

UIC Law Review

No abstract provided.

Constitutionalism, Judicial Review, And The World Court, Geoffrey R. Watson

Scholarly Articles

This Article considers whether the World Court can and should review the validity of acts of the Security Council and General Assembly. Part I argues that the text and negotiating history of the U.N. Charter leave room for the World Court to exercise at least some power of judicial review but do not delineate the precise scope or effect of such review. Part II asserts that the World Court has in fact repeatedly exercised a power of judicial review, albeit deferentially, over acts by the Security Council and the General Assembly. Part III argues that the World Court can review …

Defending Defenders: Remarks On Nichol And Pierce, Marshall J. Breger

Scholarly Articles

No abstract provided.

Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56

Constitutional Law

No abstract provided.

Judicial Vacancies And Delay In The Federal Courts: An Empirical Evaluation, In Symposium, The Civil Justice Reform Act, A. Kimberley Dayton

Faculty Scholarship

This Article examines the relationship between federal district court judicial vacancies --whether caused by the executive branch's failure to timely nominate judges, Congress's failure to confirm presidential nominees, or some other reason -- and delays in processing the civil caseload. The hypotheses tested are several configurations of the hypothesis “judicial vacancies cause delay.” The statistical method of analysis of covariance is used to test this hypothesis and thereby evaluate the degree to which delays, defined by reference to certain case management statistics, are correlated to vacancy rates in individual federal district courts, and within the federal system as a whole. …

Federal Court Reform Should Start At The Top, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.

Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski

Faculty Scholarship

Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …

Table Of United States Supreme Court Decisions Relating To Religious Liberty 1789-1994, Carl H. Esbeck

Faculty Publications

No abstract provided.

1993 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck

Faculty Publications

The purpose of this survey is to note important case law developments in the state and lower federal courts concerning religious liberty. Purposely omitted are the widely reported United States Supreme Court opinions, as well as cases where the Supreme Court has granted review during the 1993-94 term. The focus here is on significant or interesting cases that may otherwise escape broad attention. Only the facts and rationale of each decision is summarized. No editorial comment on the merits of these cases is intended.

South Korea: Implementation And Application Of Human Rights Covenants, Suk Tae Lee

Michigan Journal of International Law

Under article 40 of the International Covenant on Civil and Political Rights (ICCPR), the State Party undertakes to submit reports on the measures it has adopted which give effect to the rights recognized in the ICCPR and demonstrate the progress it has made in granting its citizens the enjoyment of those rights. The report was examined by the HRC in July 1992 and will be discussed in Part I of this article. The International Covenant on Economic, Social and Cultural Rights (ICESCR) also requires State Parties to submit reports, but the initial report of the South Korean government has not …

Burdens Of Proof, Jose E. Alvarez

Michigan Journal of International Law

Review of the book Fact-Finding Before International Tribunals edited by Richard B. Lillich

Pro Se Litigants: Application Of A Single Objective Standard Under Frcp 11 To Reduce Frivolous Litigation, Brian L. Holtzclaw

Seattle University Law Review

This Comment addresses the application of Rule 11 sanctions to pro se litigants and argues that based on the language of Rule 11, the concerns expressed in the Advisory Committee Note to Rule 11, and the primary goal of Rule 11 to deter abusive pleadings, a single objective standard should be applied to all parties-attorneys, represented parties, and pro se litigants-to determine whether Rule 11 has been violated. Under this single objective standard, a pro se litigant's lack of legal representation should be considered only in determining the severity of the sanction, not in determining whether Rule 11 has been …

Government Contracts: 1992 Analysis And Summary, Victor J. Zupa, Brian J. Siebel

American University Law Review

No abstract provided.

The Rule Of Law In An Emerging World Order, 26 J. Marshall L. Rev. 715 (1993), William Webster

UIC Law Review

No abstract provided.

The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner

UIC Law Review

No abstract provided.

Hudson V. Mcmillan: The Eighth Amendment Gets A Push And A Shove, Bina Sanghavi

Loyola University Chicago Law Journal

No abstract provided.

Civil Juries And Complex Cases: Taking Stock After Twelve Years, Richard O. Lempert

Book Chapters

Twelve years ago, as the first Reagan administration was coming into office, it appeared that the civil jury, at least in complex cases, might be on the way out. The hostility of Chief Justice Warren Burger toward the civil jury was no secret and the circuit courts were split on the question of whether the Seventh Amendment guarantee of trial allowed an exception for complex cases. The issue was ripe for Supreme Court resolution. Moreover, a body of then-recent scholarship provided the Court with some historical justification for reading a complexity exception into the Seventh Amendment as well as with …

The D.C. Circuit As A National Court, Carl W. Tobias

Law Faculty Publications

Every President since Franklin Delano Roosevelt has appointed lawyers from across the country to the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") and has been accused of ignoring the members of the D.C. Bar. The tradition of nationwide recruitment for appointment to the D.C. Circuit has served the District and the nation well, yielding some of the court's and America's finest judges.

The practice of seeking nominees nationally to fill vacancies on the D.C. Circuit recently faced a serious challenge. Many members of the D.C. Bar, who have long opposed this practice, developed a …