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Articles 11521 - 11550 of 16637

Full-Text Articles in Courts

A Legislative History Of The Creation Of The Eleventh Circuit, Thomas E. Baker Jan 1992

A Legislative History Of The Creation Of The Eleventh Circuit, Thomas E. Baker

Faculty Publications

No abstract provided.

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The Hazelwood Hazard: Litigating And Legislating In The State Domain When Federal Avenues Are Closed, Alexander Wohl Jan 1992

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 …

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Civil Forfeiture Of Property For Drug Offenders Under Illinois And Federal Statute: Zero Tolerance, Zero Exceptions, 25 J. Marshall L. Rev. 389 (1992), T. J. Hiles Jan 1992

Civil Forfeiture Of Property For Drug Offenders Under Illinois And Federal Statute: Zero Tolerance, Zero Exceptions, 25 J. Marshall L. Rev. 389 (1992), T. J. Hiles

UIC Law Review

No abstract provided.

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Introduction: Report Of The New York State Judicial Commission On Minorities, Sol Wachtler Jan 1992

Introduction: Report Of The New York State Judicial Commission On Minorities, Sol Wachtler

Fordham Urban Law Journal

The Report of the New York State Judicial Commission on Minorities is the culmination of a three and one-half year study begun in 1988 to advise of ways in which the court system can more effectively achieve fair and equal treatment for all in the justice system. The court system will aim to implement the recommendations made by the commission in an attempt to rectify these troubling issues.

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Preserving The Past, Roger J. Miner '56 Jan 1992

Preserving The Past, Roger J. Miner '56

Legal History

No abstract provided.

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Twenty-Five 'Dos' For Appellate Brief Writers, Roger J. Miner '56 Jan 1992

Twenty-Five 'Dos' For Appellate Brief Writers, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

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Remarks: The Second Century Of The Second Circuit, Roger J. Miner '56 Jan 1992

Remarks: The Second Century Of The Second Circuit, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

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Dedication Of Plaque Honoring Judge Harold R. Medina, Roger J. Miner '56 Jan 1992

Dedication Of Plaque Honoring Judge Harold R. Medina, Roger J. Miner '56

Court Conferences and Events

No abstract provided.

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Reflections On Recent Remarks Of "That Unnecessary And Dangerous Officer", Roger J. Miner '56 Jan 1992

Reflections On Recent Remarks Of "That Unnecessary And Dangerous Officer", Roger J. Miner '56

Flag Day & Law Day Ceremonies

No abstract provided.

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The Politics Of Judicial Structure: Creating The United States Court Of Veterans Appeals, Laurence R. Helfer Jan 1992

The Politics Of Judicial Structure: Creating The United States Court Of Veterans Appeals, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

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The Enforceability Of Religious Upbringing Agreements, 25 J. Marshall L. Rev. 655 (1992), Martin Weiss, Robert Abramoff Jan 1992

The Enforceability Of Religious Upbringing Agreements, 25 J. Marshall L. Rev. 655 (1992), Martin Weiss, Robert Abramoff

UIC Law Review

No abstract provided.

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A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson Jan 1992

A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson

UIC Law Review

No abstract provided.

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The Work Of The Court Of Appeals: A Statistical Miscellany July 2, 1989 Through June 26, 1990 Jan 1992

The Work Of The Court Of Appeals: A Statistical Miscellany July 2, 1989 Through June 26, 1990

Maryland Law Review

No abstract provided.

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"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski Jan 1992

"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski

Faculty Scholarship

No abstract provided.

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Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy Jan 1992

Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy

Faculty Scholarship

This article attempts to provide a basis upon which to preserve the Federal Circuit's current lawmaking primacy. Given the large body of preexisting literature on Chevron, USA, Inc v. Natural Resources Defense Council, it does not address whether Chevron allocates power between agencies and the courts optimally. Rather, the article examines how the PTO's statutory interpretations should be reviewed under Chevron. In Section I, the article places the examination in context by describing the Chevron decision and its general implications. Section II of the article examines how Chevron should be applied specifically in the context of reviewing statutory interpretations of …

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Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull Jan 1992

Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull

University of Richmond Law Review

Most court watchers agree that the changing composition of the Supreme Court will ineluctably favor the interests of traditional values organizations like the American Family Association. The next decade will surely see the Court return to a more balanced approach in line with the preservation of family values. Certainly some will characterize the new Court as more conservative. To the extent that it will emphasize core principles in the Constitution as the bedrock from which it must proceed, it will be conservative. Yet this is simply a return of the Court to its intended function: interpretation and application of law …

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Reagan, Bush And The Supreme Court, Arthur J. Kropp Jan 1992

Reagan, Bush And The Supreme Court, Arthur J. Kropp

University of Richmond Law Review

What may be the most significant achievement of the Reagan-Bush years is one we have only begun to appreciate: the radical revolution in the federal courts. After nearly three terms of conservative presidents bent on remaking the federal judiciary, the courts have been transformed. They are far more conservative, and, despite Administration rhetoric to the contrary, decidedly more activist.

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A Social-Conservative Comment On The New Supreme Court, Gary L. Bauer Jan 1992

A Social-Conservative Comment On The New Supreme Court, Gary L. Bauer

University of Richmond Law Review

I recall seeing a column, not long ago, which referred to the Supreme Court as increasingly "a right-wing playground." Liberal groups may be able to raise funds off this impression, but if conservatives rely on it, they are in for a rude awakening when the gavel falls.

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Saving The Honorable Court: Assessing The Proper Role Of The Modern Supreme Court, Michael Allan Wolf Jan 1992

Saving The Honorable Court: Assessing The Proper Role Of The Modern Supreme Court, Michael Allan Wolf

University of Richmond Law Review

There are few greater delights in legal scholarship than the opportunity to have the last word in a symposium featuring distinguished - and dramatically differing - viewpoints. The thirteen contributions that precede this afterword offer a provocative and representative set of reactions to the ongoing debate over the role of the Supreme Court in the American polity. This debate is by no means new, or even middle-aged. The struggle over the confirmation of Associate Justice Clarence Thomas is but the latest in a long line of pressure points in American constitutional history - events such as controversial Supreme Court decisions, …

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Cameras In Virginia Courtroom, Teresa D. Keller Jan 1992

Cameras In Virginia Courtroom, Teresa D. Keller

University of Richmond Law Review

On July 1, 1992, Virginia joined forty other states by allowing cameras into state courtrooms on a permanent basis. A pilot program had been underway since 1987, allowing news coverage by television cameras, audio recorders, and still cameras in a handful of state courtrooms. Lawmakers had extended the experiment twice, delaying a permanent decision in the face of varying opinions about the success of the program. The Supreme Court of Virginia issued two reports over the five year span indicating the pilot program had produced a negative effect on the judicial process. Broadcasters, on the other hand, consistently claimed the …

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Litigation As A Predatory Practice, Gary Myers Jan 1992

Litigation As A Predatory Practice, Gary Myers

Faculty Publications

This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.

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International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick Jan 1992

International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick

Michigan Journal of International Law

This article will catalogue the various contexts in which United States courts have agreed or refused to follow international human rights law, treating separately the larger number of cases concerning customary norms, the relatively small group of cases relating to human rights treaties, and the cases in which international norms are referenced without regard to their status as binding law. In each of these sections we will analyze areas of confusion, disagreement, or under-development in international legal doctrine that impede the productive use of human rights norms by domestic courts. We will also compare the approaches of United States courts …

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Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton Jan 1992

Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton

Faculty Scholarship

Part I of this Article describes the administrative structure of the Eastern District of Virginia and its case management practices. Part II demonstrates that, despite the Eastern District of Virginia's status as one of the busiest federal district courts, it has consistently been one of the most efficient and effective federal courts in the nation. As a result, in Part III, this Article concludes that the experience of the Eastern District of Virginia raises many questions about the premises underlying the Civil Justice Reform Act, the proposed amendments to the Federal Rules, and the means by which Congress and the …

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Judicial Review Of The Compensation Law In Hungary, Peter Paczolay Jan 1992

Judicial Review Of The Compensation Law In Hungary, Peter Paczolay

Michigan Journal of International Law

This article analyzes the Hungarian Constitutional Court's decisions regarding a specific problem of property rights, namely the Compensation Law. It does not attempt to examine the details of broad subjects such as property rights or privatization.

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The Economics Of Law-Related Labor V: Judicial Careers, Judicial Selection, And An Agency Cost Model Of The Judicial Function, Linz Audain Jan 1992

The Economics Of Law-Related Labor V: Judicial Careers, Judicial Selection, And An Agency Cost Model Of The Judicial Function, Linz Audain

American University Law Review

No abstract provided.

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Problems In Imposing Extended-Term Sentences Under Section 5-5-3.2(B)(2) Of The Unified Code Of Corrections, 25 J. Marshall L. Rev. 491 (1992), Iain D. Johnston Jan 1992

Problems In Imposing Extended-Term Sentences Under Section 5-5-3.2(B)(2) Of The Unified Code Of Corrections, 25 J. Marshall L. Rev. 491 (1992), Iain D. Johnston

UIC Law Review

No abstract provided.

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The Judge As Political Candidate, Hans A. Linde Jan 1992

The Judge As Political Candidate, Hans A. Linde

Cleveland State Law Review

Judges are expected to satisfy two conflicting ideals. First, they are to follow the law without fear or favor, regardless of personal sympathies and preferences, to "adjudicate" rather than to "legislate." Second, they are to reach results that are preferred by or at least acceptable to their communities. The first ideal requires judicial independence and job security. Elective judgeships are sometimes defended as serving the second. We have gone through a third public examination of a Supreme Court nominee in which the Senate and the public considered it important to question the nominee about his views of the major issues …

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A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle Jan 1992

A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle

Michigan Journal of International Law

This article briefly examines the principal expropriatory measures undertaken between 1945 and 1989, the agreements between the two German governments relating thereto, and the divisive constitutional issues raised by this fusion of two antithetical legal systems in the area of property law. The text concludes with an analysis of the German Supreme Court's "Land Reform" decision and the juridical controversy surrounding it.

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Judicial Lobbying And Court Reform: U.S. Magistrate Judges And The Judicial Improvements Act Of 1990, Christopher E. Smith Jan 1992

Judicial Lobbying And Court Reform: U.S. Magistrate Judges And The Judicial Improvements Act Of 1990, Christopher E. Smith

University of Arkansas at Little Rock Law Review

No abstract provided.

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Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann Jan 1992

Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

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