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Articles 7471 - 7500 of 16493

Full-Text Articles in Courts

Identity, Effectiveness, And Newness In Transjudicialism's Coming Of Age, Mark Toufayan Jan 2010

Identity, Effectiveness, And Newness In Transjudicialism's Coming Of Age, Mark Toufayan

Michigan Journal of International Law

This Article attempts to expose and problematize the ideological connections and normative commitments between these theoretical explanations of effectiveness and the pragmatic process-oriented proposals made in the 1990s when the United Nations was searching for ways to renew the discipline of international human rights law while avoiding the dual risks of politicization and Third World normative fragmentation. The liberal theory of effective supranational adjudication was the culmination of decade-long efforts by American liberal internationalists to provide a theoretical basis for and programmatic proposals towards achieving a more "effective" international human rights regime. Their theory aims at structuring the interface between …

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A Non-Fatal Collision: Interpreting Rluipa Where Religious Land Uses And Community Interests Meet, Adam J. Macleod Jan 2010

A Non-Fatal Collision: Interpreting Rluipa Where Religious Land Uses And Community Interests Meet, Adam J. Macleod

Faculty Articles

Imagine a large church located in a multi-family residential zoning district, where commercial uses are not permitted and religious uses are permitted by special use permit. The church applies for a special use permit to open a coffee shop, which would operate throughout the week during normal business hours and would supplement and support the church's other ministries. At the hearing on the permit application, many neighbors object. They fear increased traffic, visual blight, and safety hazards for their children. The city denies the permit. The church files an action against the city, alleging that the city has substantially burdened …

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Blackwell V. Wyeth: It’S Our Courtroom And We’Ll Frye (Only) If We Want To—The Maryland Court Of Appeals’S Unstated Adoption Of Daubert, Nancy E. Bonifant Jan 2010

Blackwell V. Wyeth: It’S Our Courtroom And We’Ll Frye (Only) If We Want To—The Maryland Court Of Appeals’S Unstated Adoption Of Daubert, Nancy E. Bonifant

Maryland Law Review

No abstract provided.

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Argument, Analogy, And Audience: Using Persuasive Comparisons While Avoiding Unintended Effects, Bruce Ching Jan 2010

Argument, Analogy, And Audience: Using Persuasive Comparisons While Avoiding Unintended Effects, Bruce Ching

Journal Articles

No abstract provided.

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Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin Jan 2010

Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin

Journal Articles

In most states, child welfare hearings and records are sealed or confidential. This means that by law, court hearings and records may not be observed. The same laws and court rules also preclude those who are authorized to enter and watch from discussing anything learned or observed in a closed courtroom or from a sealed court record with anyone not involved in the case. It is the restriction on speech—on telling stories about child welfare—with which this Article is concerned. I will argue in this Article that the insights of narrative theory and agenda-setting studies help us understand the damaging …

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Federal Courts Not Federal Tribunals, Lumen N. Mulligan Jan 2010

Federal Courts Not Federal Tribunals, Lumen N. Mulligan

Faculty Works

The Court has employed inferred-cause-of-action doctrine to foster the rights of individuals, from injured workers to female college applicants to defrauded investors and targets of racial discrimination. Although the question of whether the federal courts ought to infer causes of action from federal statutes is an old chestnut in the federal-courts field, a new basis for barring such a practice has arisen, requiring fresh attention to the Court's inferred-cause-of-action doctrine. This new position asserts that inferring a cause of action is not merely poor judicial policy but extra-jurisdictional under either 28 U.S.C. - 1331 or Article III. Borrowing a phrase …

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Judicial Independence And Company Law In The Shanghai People's Courts, 1992-2008, Nicholas C. Howson Jan 2010

Judicial Independence And Company Law In The Shanghai People's Courts, 1992-2008, Nicholas C. Howson

Book Chapters

This chapter draws on a detailed study of corporate law adjudication in Shanghai from 1992 to 2008. The purpose of the study was to better understand the demonstrated technical competence, institutional autonomy, and political independence of one court system in the People's Republic of China ("PRC") in a sector outside of the criminal law. The study consisted of a detailed examination and comparison of full-length corporate law opinions for more than 200 reported cases, a 2003 Shanghai High Court opinion on the 1994 Company Law (describing a decade of corporate case outcomes), a 2007 report on cases implementing the Company …

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The Prop 8 Decision And Courtroom Drama In The Youtube Age: Why Camera Use Should Be Permitted In Courtrooms During High Profile Civil Cases, Matthew E. Feinberg Jan 2010

The Prop 8 Decision And Courtroom Drama In The Youtube Age: Why Camera Use Should Be Permitted In Courtrooms During High Profile Civil Cases, Matthew E. Feinberg

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Good But Not Great: Improving Access To Public Records Under The D.C. Freedom Of Information Act, 13 D.C. L. Rev. 359 (2010), Margaret B. Kwoka, Melissa Davenport Jan 2010

Good But Not Great: Improving Access To Public Records Under The D.C. Freedom Of Information Act, 13 D.C. L. Rev. 359 (2010), Margaret B. Kwoka, Melissa Davenport

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill Jan 2010

Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Informed Consent: No Longer Just What The Doctor Ordered - The Contributions Of Medical Associations And Courts To A More Patient Friendly Doctrine, 15 Mich. St. U. J. Med. & L. 17 (2010), Marc Ginsberg Jan 2010

Informed Consent: No Longer Just What The Doctor Ordered - The Contributions Of Medical Associations And Courts To A More Patient Friendly Doctrine, 15 Mich. St. U. J. Med. & L. 17 (2010), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Judicial Case Management: Caught In The Crossfire, Steven S. Gensler Jan 2010

Judicial Case Management: Caught In The Crossfire, Steven S. Gensler

Faculty Articles

No abstract provided.

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Saving Civil Justice: Judging Civil Justice, Elizabeth G. Thornburg Jan 2010

Saving Civil Justice: Judging Civil Justice, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

No abstract provided.

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Adaptive Management In The Courts, J.B. Ruhl, Robert Fischman Jan 2010

Adaptive Management In The Courts, J.B. Ruhl, Robert Fischman

Vanderbilt Law School Faculty Publications

Adaptive management has become the tonic of natural resources policy. With its core idea of "learning while doing," adaptive management has infused the natural resources policy world to the point of ubiquity, surfacing in everything from mundane agency permits to grand presidential proclamations. Indeed, it is no exaggeration to suggest that these days adaptive management is natural resources policy. But is it working? Does appending "adaptive" in front of "management" somehow make natural resources policy, which has always been about balancing competing claims to nature’s bounty, something more and better? Many legal and policy scholars have asked that question, with …

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Limiting Article Iii Standing To "Accidental" Plaintiffs: Lessons From Environmental And Animal Law Cases, Robert J. Pushaw Jr. Jan 2010

Limiting Article Iii Standing To "Accidental" Plaintiffs: Lessons From Environmental And Animal Law Cases, Robert J. Pushaw Jr.

Georgia Law Review

According to the Supreme Court, Article III's extension
of "judicialPower" to "Cases" and "Controversies"limits
standing to plaintiffs who can demonstrate an
individualized "injury in fact" that was caused by the
defendant and that is judicially redressable. Article III's
text and history, however, do not mention "injury,"
"causation,"or "redressability."
Furthermore, these standards are malleable and have
been applied to achieve ideological goals, especially in
cases involving environmental and animal-welfare laws.
Most notably, the Court has recognized an "injury in fact"
to one's aesthetic enjoyment of nature, but determining
such an injury is arbitrarybecause "aesthetics"is a matter
of personal taste. Judges have …

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Prosecution Of Genocide V. The Fair Trial Principle: Comments On Brown And Others V. The Government Of Rwanda And The Uk Secretary Of State For The Home Department, Mark A. Drumbl Jan 2010

Prosecution Of Genocide V. The Fair Trial Principle: Comments On Brown And Others V. The Government Of Rwanda And The Uk Secretary Of State For The Home Department, Mark A. Drumbl

Scholarly Articles

The article examines the 2009 decision of the United Kingdom High Court of Justice to deny the extradition of four genocide suspects to Rwanda owing to fair trial and partiality concerns with the Rwandan judiciary. It begins by reviewing the relevant UK extradition legislation, the pertinent facts and the rationale for the judgment and proceeds to situate this decision within the broader transnational judicial scepticism about the extradition or transfer of genocide suspects to Rwanda. While this scepticism arises from valid concerns regarding the contemporary state of human rights in Rwanda, it nevertheless contributes to the perpetuation of impunity surrounding …

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Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio Jan 2010

Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio

Richmond Public Interest Law Review

Part I will set forth the analytical framework established by the Supreme Court in the RFRA and RLUIPA contexts before 0 Centro." This Part will provide a brief background to RFRA and RLUIPA and set forth the definition of "compelling interest" before 0 Centro. Part II will focus on the decision in 0 Centro; specifically, how the Supreme Court's redefinition of "compelling interest" significantly elevates the government's burden. Part III will compare the government's chance of winning on a "compelling interest" argument before 0 Centro" with the chance of winning in its wake. This Part will discuss the merits, flaws, …

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Book Review: Bob Rains, True Tales Of Trying Times: Legal Fables For Today (2008), Erik M. Jensen Jan 2010

Book Review: Bob Rains, True Tales Of Trying Times: Legal Fables For Today (2008), Erik M. Jensen

Nevada Law Journal

In this jewel of a book, Rains presents a collection of fifty-two fabulous "legal fables," each describing real judicial decisions from the last four or five years- in that respect, not fables at all. Unlike the typical law review article, his book actually deals with the law. And Rains's poetic commentary accompanies all the fables. Like much of Rains's work, the book has both rhyme and reason.

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Judges And Their Editors, Douglas E. Abrams Jan 2010

Judges And Their Editors, Douglas E. Abrams

Faculty Publications

This essay discusses the roles of personal law clerks, central staff clerks, and Reporters of Decisions in editing judges’ opinions at the drafting stage. “The overarching lesson [is] that by submerging pride of authorship during an opinion’s gestation and by weighing editorial input with an open mind, judges secure in their craft advance the interests of justice.” The essay also discusses the constraints imposed by the ABA Model Code of Judicial Conduct on the circle of persons a judge may consult without giving the parties advance notice. The essay is adapted from Prof. Abrams’ address to the international meeting of …

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Coconspirators, “Coventurers,” And The Exception Swallowing The Hearsay Rule, Ben L. Trachtenberg Jan 2010

Coconspirators, “Coventurers,” And The Exception Swallowing The Hearsay Rule, Ben L. Trachtenberg

Faculty Publications

In recent years, prosecutors - sometimes with the blessing of courts - have argued that when proving the existence of a “conspiracy” to justify admission of evidence under the Coconspirator Exception to the Hearsay Rule, they need show only that the declarant and the defendant were “coventurers” with a common purpose, not coconspirators with an illegal purpose. Indeed, government briefs and court decisions specifically disclaim the need to show any wrongful goal whatsoever. This Article contends that such a reading of the Exception is mistaken and undesirable. Conducted for this article, a survey of thousands of court decisions, including the …

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The Inherent Jurisdiction Of Wto Tribunals: The Select Application Of Public International Law Required By The Judicial Function, Andrew D. Mitchell, David Heaton Jan 2010

The Inherent Jurisdiction Of Wto Tribunals: The Select Application Of Public International Law Required By The Judicial Function, Andrew D. Mitchell, David Heaton

Michigan Journal of International Law

This Article explores whether World Trade Organization (WTO) panels and the Appellate Body (WTO Tribunals) have the power to apply certain rules of public international law by reason of their judicial character, and because the application of these rules is necessary for the proper exercise of their judicial function. In other words, it seeks to answer the following questions: Do WTO Tribunals have inherent jurisdiction? And, if so, what are some of the rules applicable under and limitations on this jurisdiction?

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The Many Faces Of Strict Scrutiny: How The Supreme Court Changes The Rules In Race Cases, Evan Gerstmann, Christopher Shortell Jan 2010

The Many Faces Of Strict Scrutiny: How The Supreme Court Changes The Rules In Race Cases, Evan Gerstmann, Christopher Shortell

Political Science Faculty Publications and Presentations

In this paper, we argue that there is no single test called strict scrutiny when the Court considers claims of racial discrimination. In fact, the Court changes the rules depending on why and how the government is using race. By examining racial redistricting, remedial affirmative action, and diversitybased affirmative action cases, we show how the Court uses at least three very different versions of strict scrutiny. The costs of maintaining the fiction of unitary strict scrutiny is high. In the area of racial profiling, for example, courts refuse to apply strict scrutiny for fear that it will either overly hamper …

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Prosper Team, Inc. V. Workforce Appeals Board, Department Of Workforce Services, And Matt Davis : Brief Of Petitioner, Utah Court Of Appeals Jan 2010

Prosper Team, Inc. V. Workforce Appeals Board, Department Of Workforce Services, And Matt Davis : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

PETITION FOR REVIEW FROM THE SEPTEMBER 30, 2010 DECISION OF THE UTAH WORKFORCE APPEALS BOARD, DEPARTMENT OF WORKFORCE SERVICES' AWARD OF UNEMPLOYMENT BENEFITS

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The Tao Of Pleading: Do Twombly And Iqbal Matter Empirically, Patricia W. Moore Jan 2010

The Tao Of Pleading: Do Twombly And Iqbal Matter Empirically, Patricia W. Moore

Faculty Articles

In 2007, the Supreme Court issued its opinion in Bell Atlantic Corp. v. Twombly, sending “shockwaves” through the federal litigation bar. Seemingly without prior warning, the Court abrogated “the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief”—the standard for deciding 12(b)(6) motions first stated fifty years earlier in Conley v. Gibson. To replace the old rule, the Court announced a new “plausibility” standard: that a complaint …

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The Application Of Network Analysis To The Study Of Trial Courts, Salmon A. Shomade, Roger E. Hartley Jan 2010

The Application Of Network Analysis To The Study Of Trial Courts, Salmon A. Shomade, Roger E. Hartley

Political Science Faculty Publications

In the late 1960s, scholars began studying trial courts as organizations. Since the last large wave of these studies in the 1990s, there have been reforms that purport to alter state court institutions. The literature on trial courts has not yet addressed how reforms, like specialized courts, alter trial courts as organizations. Studies of trial courts could also profit from the application of other methods for analyzing organizations. This article explores the use of network analysis to examine the organizational linkages and structure of trial courts. After reviewing the literature on trial courts and recent court reforms, we make a …

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Error Correction, Chad M. Oldfather Jan 2010

Error Correction, Chad M. Oldfather

Indiana Law Journal

No abstract provided.

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Liberty Lost: The Moral Case For Marijuana Law Reform, Eric Blumenson, Eva Nilsen Jan 2010

Liberty Lost: The Moral Case For Marijuana Law Reform, Eric Blumenson, Eva Nilsen

Indiana Law Journal

Marijuana policy analyses typically focus on the relative costs and benefits of present policy and its feasible alternatives. This Essay addresses a prior, threshold issue: whether marijuana criminal laws abridge fundamental individual rights, and if so, whether there are grounds that justify doing so. Over 700, 000 people are arrested annually for simple marijuana possession, a small but significant proportion of the 100 million Americans who have committed the same crime. In this Essay, we present a civil libertarian case for repealing marijuana possession laws. We put forward two arguments corresponding to the two distinct liberty concerns implicated by laws …

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Engagement's Possibilities And Limits As A Socioeconomic Rights Remedy, Brian E. Ray Jan 2010

Engagement's Possibilities And Limits As A Socioeconomic Rights Remedy, Brian E. Ray

Law Faculty Articles and Essays

This Article first analyzes the Constitutional Court of South Africa's three engagement decisions. It then divides engagement into two different categories--litigation engagement and political engagement--and offers suggestions for transforming the process into a more effective remedy in each category. Drawing on the work of Charles Epp, this Article argues that political engagement, if structured correctly, offers the greatest potential as an effective mechanism for enforcing socioeconomic rights. Realization of that potential will require a sustained commitment by civil society organizations active in socioeconomic rights issues and a shift from using engagement as a litigation tactic to using it as a …

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Residents Of Joe Slovo Community V Thubelisha Homes And Others: The Two Faces Of Engagement, Brian E. Ray Jan 2010

Residents Of Joe Slovo Community V Thubelisha Homes And Others: The Two Faces Of Engagement, Brian E. Ray

Law Faculty Articles and Essays

The Constitutional Court of South Africa's "engagement remedy," at its core, is a simple requirement that government consult with residents before evicting them, as engagement offers a creative and flexible tool for advocates of socio-economic rights to enforce these provisions through both political and legal channels. Absent adequate court oversight, engagement can easily turn into nothing more than a requirement that government inform residents of its redevelopment plans. The Constitutional Court in Joe Slovo recognised these two ‘faces' of engagement and strengthened the remedy by adding components that increase the transparency of the process and enhance court control. This note …

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International Adjudication: A Response To Paulus--Courts, Custom, Treaties, Regimes, And The Wto, Donald H. Regan Jan 2010

International Adjudication: A Response To Paulus--Courts, Custom, Treaties, Regimes, And The Wto, Donald H. Regan

Book Chapters

I am pleased to have the opportunity to respond to Andreas Paulus’s very interesting contribution, and to elaborate on some of the matters he raises. As will be all too obvious, I am not an expert on general public international law. I undertook this assignment in the hope that I would learn something (as I have), and that I would eventually think of something useful to say (less clear). Happily, the one area of international law where I do have some expertise is the law of the World Trade Organization (WTO). The WTO is often used as an example in …

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