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Articles 11971 - 12000 of 16571
Full-Text Articles in Courts
The Myth Of The Disposable Opinion: Unpublished Opinions And Government Litigants In The United States Courts Of Appeals, Lauren K. Robel
The Myth Of The Disposable Opinion: Unpublished Opinions And Government Litigants In The United States Courts Of Appeals, Lauren K. Robel
Michigan Law Review
This article discusses the courts' adoption of the limited publication plans and analyzes the methods used by the courts to discourage the use of unpublished opinions. It also discusses the results of a survey conducted to determine if, and how, government litigants - some of the chief unanticipated beneficiaries of the publication plans make use of unpublished opinions. Finally, it challenges the assumption that limited publication is essential in an age of caseload crisis.
The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells
The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells
Scholarly Works
The thesis of this Article is that substantive factors exert a powerful and often unrecognized influence over the resolution of jurisdictional issues, and have done so throughout our history. The chief substantive factors at issue are the government's interest iin regulating behavior on the one hand, and the individual's interest in enforcing constitutional restraints upon government on the other. Part I of this Article examines the relationship between jurisdictional rules and substantive consequences, Part II describes the Court's conventional account of federal courts doctrine in terms of jurisdictional policy and institutional roles, and Part III shows that the reasons set …
Supreme Court Voting Behavior: 1987 Term, Robert E. Riggs, Michael R. Moss
Supreme Court Voting Behavior: 1987 Term, Robert E. Riggs, Michael R. Moss
Brigham Young University Journal of Public Law
No abstract provided.
Inconsistent Standards Of Substantive Due Process In Economic Regulations: A Result Of The Federalist System Of Government, Keith L. Hendricks
Inconsistent Standards Of Substantive Due Process In Economic Regulations: A Result Of The Federalist System Of Government, Keith L. Hendricks
Brigham Young University Journal of Public Law
No abstract provided.
Choosing Judges The Democratic Way, Larry Yackle
Choosing Judges The Democratic Way, Larry Yackle
Faculty Scholarship
A generation ago, the pressing question in constitutional law was the countermajoritarian difficulty.' Americans insisted their government was a democratic republic and took that to mean rule by a majority of elected representatives in various offices and bodies, federal and local. Yet courts whose members had not won election presumed to override the actions of executive and legislative officers who had. The conventional answer to this apparent paradox was the Constitution, which arguably owed its existence to the people directly. Judicial review was justified, accordingly, when court decisions were rooted firmly in the particular text, structure, or historical backdrop of …
Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb
Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb
Cardozo Law Review
No abstract provided.
Regulating Judicial Misconduct And Divining "Good Behavior" For Federal Judges, Harry T. Edwards
Regulating Judicial Misconduct And Divining "Good Behavior" For Federal Judges, Harry T. Edwards
Michigan Law Review
In recent years, we have witnessed an unprecedented number of instances in which federal judges have been accused of criminal behavior and other serious acts of misconduct. This raises major concerns regarding the scope and enforcement of canons of conduct for members of the judicial branch. It would be presumptuous for anyone to suggest a complete understanding of the notion of "good behavior" for federal judges, or to claim a fully satisfactory prescription for the problem of "judicial misconduct." That is not my object. In reflecting on these issues, however, I have come to realize that I may not share …
The Role Of The Courts In Providing Legal Services: A Proposal To Provide Legal Access For The Poor, Talbot D'Alemberte
The Role Of The Courts In Providing Legal Services: A Proposal To Provide Legal Access For The Poor, Talbot D'Alemberte
Florida State University Law Review
In a legal system as complex as America's, representation by counsel is often necessary for an individual to fully enjoy the right of access to the courts. Yet the high cost of legal representation, necessary for the protection of legal rights and for the just administration of the legal system, often places such representation beyond the reach of the poor. In this Introduction to the Petition that follows, Talbot (Sandy) D'Alemberte outlines the basis of the right to access to the judicial system and suggests a procedure by which this right can be effectively realized.
Beyond Parity: Section 1983 And The State Courts, Susan Herman
Beyond Parity: Section 1983 And The State Courts, Susan Herman
Faculty Scholarship
No abstract provided.
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Faculty Publications
No abstract provided.
Continental Insurance Companies V. Northeastern Pharmaceutical & (And) Chemical Company: Cleanup Costs Are Not Damages Under A Standard Liability Policy, 22 J. Marshall L. Rev. 703 (1989), Michael J. Holt
UIC Law Review
No abstract provided.
Dralle V. Ruder: Did The Decision Close The Book On Recovery For Society And Companionship In Illinois Or Just Turn The Page, 22 J. Marshall L. Rev. 721 (1989), Frank I. Powers
UIC Law Review
No abstract provided.
Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner
Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner
UIC Law Review
No abstract provided.
Fsia Retroactivity Subsequent To The Issuance Of The Tate Letter: A Proposed Solution To The Confusion, Michael E. Jansen
Fsia Retroactivity Subsequent To The Issuance Of The Tate Letter: A Proposed Solution To The Confusion, Michael E. Jansen
Northwestern Journal of International Law & Business
Three recently decided cases discuss the retroactive application of the Foreign Sovereign Immunities Act of 1976 to pre-1952 claims—Carl Marks & Co. v. Union of Soviet Socialist Republics, Jackson v. People's Republic of China, and Slade v. United States of Mexico. These cases have conclusively established that the FSIA is not to be applied retroactively to pre-1952 events—i.e., to claims arising prior to the issuance of the Tate Letter. They do not resolve the issue of retroactive application of the FSIA to post-1952 events, however, and this issue is currently engulfed in confusion. This Comment attempts to resolve this confusion …
Court Of First Instance Of The European Communities, Gordon Slynn
Court Of First Instance Of The European Communities, Gordon Slynn
Northwestern Journal of International Law & Business
The Court of Justice of the European Communities ("Court of Justice") deals with questions arising under the Treaties establishing the European Economic, the European Coal and Steel, and the European Atomic Energy Communities (collectively the "Treaties"). In 1962, its law reports ran to 512 pages, already double the number in 1959. In 1985, they comprised 4,050 pages. In 1962, 62 cases were brought before the Court; in 1985, the number had risen to 433. Not surprisingly cases coming before the Court took longer to resolve -- the period from lodging the action to judgment had slipped from nine months to …
Ninth Circuit Resolution Proposing Repeal Of 28 U.S.C. § 1447(D), Roger J. Miner '56
Ninth Circuit Resolution Proposing Repeal Of 28 U.S.C. § 1447(D), Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard
The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard
Articles
No abstract provided.
Webster And Women's Equality, Dawn E. Johnsen, Marcy J. Wilder
Webster And Women's Equality, Dawn E. Johnsen, Marcy J. Wilder
Articles by Maurer Faculty
No abstract provided.
Current Developments In Arbitration: Arbitrability And Punitive Damages, 22 J. Marshall L. Rev. 603 (1989), Stephen P. Bedell, Mary Beth Cyze, Donn M. Davis
Current Developments In Arbitration: Arbitrability And Punitive Damages, 22 J. Marshall L. Rev. 603 (1989), Stephen P. Bedell, Mary Beth Cyze, Donn M. Davis
UIC Law Review
No abstract provided.
Remarks: Clerks Of Judge Luther A. Wilgarten, Jr., Roger J. Miner '56
Remarks: Clerks Of Judge Luther A. Wilgarten, Jr., Roger J. Miner '56
Judges
No abstract provided.
Remarks To Litigation Department, Cahill, Gordon & Reindel, Roger J. Miner '56
Remarks To Litigation Department, Cahill, Gordon & Reindel, Roger J. Miner '56
Law Practice
No abstract provided.
Federal Civil Appellate Practice In The United States Court Of Appeals For The Second Circuit, Roger J. Miner '56
Federal Civil Appellate Practice In The United States Court Of Appeals For The Second Circuit, Roger J. Miner '56
Law Practice
No abstract provided.
Changes In The Publication Of I.C.J. Reports: Effects Of These Suggestions On Teaching International Law, Ignaz Seidl-Hohenveldern
Changes In The Publication Of I.C.J. Reports: Effects Of These Suggestions On Teaching International Law, Ignaz Seidl-Hohenveldern
Michigan Journal of International Law
In August, 1986, the Joint Inspection Unit ("J.I.U.") transmitted to the Secretary General of the United Nations a report on the Publications of the International Court of Justice. The report stressed the desirability of extending the U.N. language regime to the publications of the International Court of Justice. Hitherto, the Judgments and Advisory Opinions of the I.C.J. have been published in English and French only. The texts in these two languages are published in juxtaposition (en regard). The J.I.U. report proposes to publish in the future only a limited number of copies in this way "for the use …
On Human Rights: The Use Of Human Right Precepts In U.S. History And The Right To An Effective Remedy In Domestic Courts, Jordan J. Paust
On Human Rights: The Use Of Human Right Precepts In U.S. History And The Right To An Effective Remedy In Domestic Courts, Jordan J. Paust
Michigan Journal of International Law
Early in the history of the United States, human rights, then often termed the "rights of man," were understood to be those natural, unalienable rights of all persons that no government on earth could deny - rights that are a part of law, whether written or unwritten, and that free and democratic governments are formed to further and to protect. As Alexander Hamilton recognized in 1775, "the sacred rights of mankind... are written, as with a sunbeam, in the whole volume of human nature… and can never be erased or obscured by mortal power." Yet, as Hamilton must have known, …
Political Questions In International Trade: Judicial Review Of Section 301?, Erwin P. Eichmann, Gary N. Horlick
Political Questions In International Trade: Judicial Review Of Section 301?, Erwin P. Eichmann, Gary N. Horlick
Michigan Journal of International Law
Section 301 of the Trade Act of 1974 ("Section 301") has become an increasingly potent and widely-used tool in the U.S. arsenal of trade policy measures. The past few years have seen a proliferation of Section 301 cases, affecting the trade of goods and services in Europe, Asia, and Latin America. Even so, in the debate over the Omnibus Trade and Competitiveness Act of 1988 ("Omnibus Trade Act"), Congress expressed impatience with the President's discretion in not undertaking more Section 301 retaliations. But while much attention has focused on the politics and policy aspects of Section 301, little has been …
Administrative Res Judicata In Ohio: A Suggestion For The Future, Randy J. Hart
Administrative Res Judicata In Ohio: A Suggestion For The Future, Randy J. Hart
Cleveland State Law Review
This note will focus on the law of res judicata as applied by the state courts of Ohio regarding decisions handed down by Ohio's administrative agencies. While there exists a body of law on the federal level pertaining to administrative res judicata, which appears to be well settled, the Ohio Supreme Court has not yet ruled on whether the decision of an administrative body will have res judicata effect in a subsequent action in an Ohio state court. This note will suggest that Ohio courts should reject administrative res judicata where its effect would be to bind the state courts …
Isolationism Or Deference? The Alien Tort Claims Act And The Separation Of Powers, Victor A. Pappalardo
Isolationism Or Deference? The Alien Tort Claims Act And The Separation Of Powers, Victor A. Pappalardo
Michigan Journal of International Law
This Note examines the rationales behind Filartiga and other cases which have had the opportunity to pass upon its holding, notably the holdings in Tel-Oren v. Libyan Arab Republic and Forti v. Suarez- Mason. It then focuses on the validity of these rationales with respect to the constitutional separation of powers scheme. In so doing, it analyzes Filartiga's conclusions in light of the act of state and political question doctrines, two closely interrelated doctrines which have been at the forefront of the separation of powers criticisms of Filartiga. This Note concludes by suggesting that a clear case exists …
Lawyer Turf And Lawyer Regulation—The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram
Lawyer Turf And Lawyer Regulation—The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram
University of Arkansas at Little Rock Law Review
No abstract provided.