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Articles 11671 - 11700 of 16599
Full-Text Articles in Courts
The Monroe Mystery Solved: Beyond The "Unhappy History" Theory Of Civil Rights Litigation, Louise Weinberg
The Monroe Mystery Solved: Beyond The "Unhappy History" Theory Of Civil Rights Litigation, Louise Weinberg
BYU Law Review
No abstract provided.
The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen
The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen
Scholarly Works
A cornerstone of the United States Constitution is its separation of powers among the legislative, executive, and judicial branches of the national government. The Framers of the Constitution reasoned that separated powers would guard against tyranny by blocking the undue concentration of authority in any single governmental department. In crafting the Constitution, however, the Framers could not anticipate every dispute their scheme of separated powers might engender. One modern separation-of-powers conflict not specifically anticipated by the constitutional text involves so-called "intracircuit nonacquiescence.”
Intracircuit nonacquiescence occurs when executive-branch decision makers refuse to follow a circuit court's precedents even when acting subject …
Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman
Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman
BYU Law Review
No abstract provided.
Patent Venue: One More Attempt To Broaden The Statute, David Fogg
Patent Venue: One More Attempt To Broaden The Statute, David Fogg
BYU Law Review
No abstract provided.
Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve
Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve
BYU Law Review
No abstract provided.
Abstention And The Constitutional Limits Of The Judicial Power Of The United States, Calvin R. Massey
Abstention And The Constitutional Limits Of The Judicial Power Of The United States, Calvin R. Massey
BYU Law Review
No abstract provided.
Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael Wells
Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael Wells
BYU Law Review
No abstract provided.
Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow
Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow
BYU Law Review
No abstract provided.
Dealing With Younger Abstention As A Part Of Federal Courts Reform-The Role Of The Vanishing Proposal, George D. Brown
Dealing With Younger Abstention As A Part Of Federal Courts Reform-The Role Of The Vanishing Proposal, George D. Brown
BYU Law Review
No abstract provided.
Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan
Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan
Michigan Law Review
A Review of The Transformation of Criminal Justice: Philadelphia, 1800-1880 by Allen Steinberg
The Failure Of The Florida Judicial Review Process To Provide Effective Incentives For Agency Rulemaking, Johnny C. Burris
The Failure Of The Florida Judicial Review Process To Provide Effective Incentives For Agency Rulemaking, Johnny C. Burris
Florida State University Law Review
No abstract provided.
Defining “Co-Party” Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John Bessler
All Faculty Scholarship
No abstract provided.
What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl
What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl
Indiana Law Journal
No abstract provided.
Authoritarianism And The Rule Of Law, Lynne Henderson
Authoritarianism And The Rule Of Law, Lynne Henderson
Indiana Law Journal
No abstract provided.
Legal Rhetoric Under Stress: The Example Of Vichy, Richard H. Weisberg
Legal Rhetoric Under Stress: The Example Of Vichy, Richard H. Weisberg
Cardozo Law Review
The article examines the complicity of the Vichy legal system in the persecution of Jews during World War II, arguing that French lawyers and judges actively contributed to Nazi objectives through legalistic rhetoric and formalism. By focusing on individual cases and interpretive debates, the legal profession avoided addressing the moral and ethical implications of their actions, enabling the enforcement of oppressive policies. The analysis critiques the failure of legal professionalism and the dangers of prioritizing formalism over human rights.
The Evolving Jurisprudence Of Toxic Torts: The Prognosis For Corporations, Allan Kanner
The Evolving Jurisprudence Of Toxic Torts: The Prognosis For Corporations, Allan Kanner
Cardozo Law Review
No abstract provided.
Plotting The Next "Revolution" In Choice Of Law: A Proposed Approach, Gary J. Simson
Plotting The Next "Revolution" In Choice Of Law: A Proposed Approach, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne
The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne
Faculty Publications
No abstract provided.
Supreme Court Voting Behavior: 1989 Term, Robert E. Riggs, Mark T. Urban
Supreme Court Voting Behavior: 1989 Term, Robert E. Riggs, Mark T. Urban
Brigham Young University Journal of Public Law
No abstract provided.
The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides
The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides
Washington and Lee Law Review
No abstract provided.
On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer
On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer
Washington and Lee Law Review
No abstract provided.
Soifer's Vision And Three Questions About Images, Milner S. Ball
Soifer's Vision And Three Questions About Images, Milner S. Ball
Washington and Lee Law Review
No abstract provided.
Groups In Perspectives, Carol Weisbrod
Groups In Perspectives, Carol Weisbrod
Washington and Lee Law Review
No abstract provided.
Another Way Of Skinning The Rabbit, Geoffrey Palmer Sir
Another Way Of Skinning The Rabbit, Geoffrey Palmer Sir
Washington and Lee Law Review
No abstract provided.
Faith In Secular Religion: A Brief Reply, Aviam Soifer
Faith In Secular Religion: A Brief Reply, Aviam Soifer
Washington and Lee Law Review
No abstract provided.
Application Of Rule 11 In The Fourth Circuit
Application Of Rule 11 In The Fourth Circuit
Washington and Lee Law Review
No abstract provided.
Social Science And The Courts: The Role Of Amicus Curiae Briefs, Ronald G. Roesch, Stephen L. Golding, Valerie P. Hans, N. Dickon Reppucci
Social Science And The Courts: The Role Of Amicus Curiae Briefs, Ronald G. Roesch, Stephen L. Golding, Valerie P. Hans, N. Dickon Reppucci
Cornell Law Faculty Publications
Social scientists have increasingly become involved in the submission of amicus curiae or "friend of the court" briefs in legal cases being decided by state and federal courts. This increase has triggered considerable debate about the use of briefs to communicate relevant social science research. This article evaluates the strengths and weaknesses of various methods of summarizing social science research for the courts. It also reviews the procedures for submitting briefs developed by the American Psychology-Law Society which, in collaboration with the American Psychological Association, has submitted its first brief in Maryland v. Craig, a case recently decided by …
Victory In Defeat - Polygamy And The Mormon Legal Encounter With The Federal Government, Douglas H. Parker
Victory In Defeat - Polygamy And The Mormon Legal Encounter With The Federal Government, Douglas H. Parker
Cardozo Law Review
No abstract provided.
Historical Study Of Personal Injury Litigation: A Comment On Method, Thomas D. Russell
Historical Study Of Personal Injury Litigation: A Comment On Method, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
In this piece, Russell argues in favor of archival work in the trial-court records rather than appellate court reports in order to gain a more accurate historical view.