Courts Commons^™

Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel, Daniel A. Crane

Articles

The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such independence from the Sherman Act, this is the wrong case to make a break. Indeed, if anything, Intel poses a risk of seriously setting back the development of an independent Section 5 power by provoking a hostile appellate court to rebuke the FTC’s effort and cabin the FTC’s powers in …

Does Monopoly Broth Make Bad Soup?, Daniel A. Crane

Articles

There is an oft-repeated maxim in U.S. antitrust law that a monopolist's conduct must be examined in its totality in order to determine its legality. Judges admonish that plaintiffs "should be given the full benefit of their proof without tightly compartmentalizating the various factual components and wiping the slate clean after scrutiny of each." As the U.S. Court of Appeals for the Seventh Circuit stated in much-quoted language, "It is the mix of various ingredients ... in a monopoly broth that produces the unsavory flavor."' In this article, I examine the use and misuse of monopoly broth theories. Reflecting a …

The Misuse Of Textualism: A Further Reply To Prof. Kahn, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

Because readers have already endured four articles, two by me and two by Prof. Douglas A. Kahn, debating the meaning of section 67(e)(1), I am reluctant to respond to Prof. Kahn’s rejoinder, which appeared in the January 18 issue of Tax Notes. Nevertheless, our disagreement implicates the judicial craft of two U.S. Supreme Court members, Chief Justice John Roberts and Justice Sonia Sotomayor. I therefore feel it important to answer Prof. Kahn’s latest contentions, recognizing my duty to be as brief as possible.

The Subjects Of The Constitution, Nicholas Quinn Rosenkranz

Georgetown Law Faculty Publications and Other Works

Two centuries after Marbury v. Madison, there remains a deep confusion about quite what a court is reviewing when it engages in judicial review. Conventional wisdom has it that judicial review is the review of certain legal objects: statutes, regulations. But strictly speaking, this is not quite right. The Constitution prohibits not objects but actions. Judicial review is the review of such actions. And actions require actors: verbs require subjects. So before judicial review focuses on verbs, let alone objects, it should begin at the beginning, with subjects. Every constitutional inquiry should begin with a basic question that has been …

The Supreme Court's Increased Attention To The Law Of Lawyering: Mere Coincidence Or Something More? , Renee Newman Knake

American University Law Review

The United States Supreme Court considered seventeen cases raising issues related to the role of attorneys and the practice of law during the 2009 Term. This body of cases represents a substantial departure from dockets in recent history, where typically the Court took up less than a handful of cases involving regulation of the legal profession. While some might consider the increased number of cases addressing the law of lawyering a mere coincidence, this article contends that something more is occurring. The Court’s decision to devote so much of its limited time to these matters is noteworthy not only for …

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Richmond Public Interest Law Review

Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …

Narrative, Normativity, And Causation, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay examines the relationship between constitutional narratives, causation, and normativity in the context of Barry Friedman’s book, The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution. In his book, Friedman provides a grand narrative of American constitutional history that emphasizes the role of public opinion in the development of American constitutional law. That narrative involves both implicit and explicit claims about the causal forces that shape constitutional doctrine and about normative constitutional theory. The aim of this essay is to identify those claims, excavate their theoretical assumptions, …

Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

The author believes that statute 18 U.S.C. § 1346 is unconstitutionally vague, at least as applied to cases in which employees of private entities are prosecuted for depriving their employers of a right to their honest services (so-called “private cases”). Objections to vagueness rest on due process. “Vagueness may invalidate a criminal law for either of two independent reasons. First, it may fail to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits; second, it may authorize and even encourage arbitrary and discriminatory enforcement.” The Supreme Court’s vagueness precedents do not provide much …

Decriminalizing Students With Disabilities, Dean Hill Rivkin

NYLS Law Review

No abstract provided.

Estate Of Pew V. Cardarelli, Natallia Krauchuk

NYLS Law Review

No abstract provided.

Wired: What We've Learned About Courtroom Technology, Fredric I. Lederer

Popular Media

No abstract provided.

Equitable Balancing In The Age Of Statutes, Jared Goldstein

Law Faculty Scholarship

No abstract provided.

Their Love Is Here To Stay: Why The Supreme Court Cannot Turn Back The Hands Of Time, Marsha B. Freeman

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore

Faculty Scholarship

No abstract provided.

Close Enough For Government Work: The Committee Rulemaking Game, Paul Stancil

Faculty Scholarship

Procedural rules in U.S. courts often have predictable and systemic substantive consequences. Yet the vast majority of procedural rules are drafted, debated, and ultimately enacted by a committee rulemaking process substantially removed from significant legislative or executive supervision. This Article explores the dynamics of the committee rulemaking process through a game-theoretical lens. The model reveals that inferior players in the committee rulemaking game - advisory committees, the Standing Committee on Rules of Practice and Procedure, the Judicial Conference and the Supreme Court - are sometimes able to arbitrage Congressional transaction costs to obtain results at odds with the results Congress …

Early Release Programs In Illinois: Justifiable Or Objectionable?, Bill Schramm

Public Interest Law Reporter

No abstract provided.

Punishing Juveniles: Is Life Without Parole Too Cruel?, Amy Mccarthy

Public Interest Law Reporter

No abstract provided.

Kesalahan-Kesalahan Matrimoni Dalam Kes Perceraian Di Luar Mahkamah Dan Tanpa Kebenaran Mahkamah : Kajian Di Mahkamah Syariah Negeri Selangor Darul Ehsan., Mazlan Abd Manan

Student Works (2010-2019)

There is no specific nas (justification) provided in the Al-Quran and the Al-Sunnah with regards to divorce outside the Court without due permission. However, over the years this ongoing problem has led the scholars to view their justifications on the matter. In view of this, the purpose of this dissertation is to feature the study on divorce cases outside Court and without the Court’s permission and its implementation to Malaysian law specifically in reference to cases from the Syariah Courts in Selangor. The Selangor Islamic Family Law Enactment 1984 for instance, as proposed by the Syariah Court has come up …

Isu-Isu Dalam Kes Harta Sepencarian Di Mahkamah Syariah Singapura : Satu Analisis., Idham Halid Romli

Student Works (2010-2019)

This study discusses the issues of harta sepencarian (jointly-accumulated wealth) in the Syariah Court of Singapore. The objectives of this study are to examine the meaning and interpretation of harta sepencarian, and the influence of direct and indirect contributions in determining the amount received by the husband and wife from the harta sepencarian. Although the AMLA has provided general guidelines and interpretation on the factors which need to be taken into consideration when determining the distribution of harta sepencarian, but these guidelines do not distinguish between the main and supporting factors. Through literature studies, case-studies of Court cases and interviews, …

Changing Media, Changing Courts, Benjamin L. Liebman

Faculty Scholarship

This chapter examines court-media relations in China and argues that such relations are increasingly a two-way street. Media coverage is forcing the courts to act more carefully — and perhaps fairly. But pressure from the courts is also resulting in greater attention to factual reporting and professional standards in the media. This interactive relationship reflects the position of the courts and media as institutions competing for authority within the Chinese political system. It also suggests that there is significant room for ground-up development of both media and the courts.

The first section discusses the growth of media coverage of legal …

Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner

NYLS Law Review

No abstract provided.

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Richmond Journal of Law and the Public Interest

Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …

Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall

Human Rights Brief

No abstract provided.

Process, People, Power And Policy: Empirical Studies Of Civil Procedure And Courts, Carrie Menkel-Meadow, Bryant Garth

Georgetown Law Faculty Publications and Other Works

This review essay, by Professor Carrie Menkel-Meadow and Dean Bryant Garth, reports on the history and deployment of empirical studies of civil procedure rules, court policies, and legal developments for reforms of court procedures and practices in both the United States and England and Wales. It traces the influence of particular individuals (e.g., Charles Clark in the United States, and Harry Woolf in England) in the use of empirical studies of litigation patterns and court rules to effectuate legal reforms. The essay reviews some particularly contentious issues over time, such as whether there is/was too much or too little litigation, …

The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts, Steven S. Gensler

Faculty Articles

No abstract provided.

A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton

Michigan Law Review

I was eager to enter the judiciary. I liked the title: federal judge. I liked the job security: life tenure. And I could tolerate the pay: the same as Richard Posner's. That, indeed, may have been the most flattering part of the opportunity-that I could hold the same title and have the same pay grade as one of America's most stunning legal minds. Don't think I didn't mention it when I had the chance. There is so much to admire about Judge Posner-his lively pen, his curiosity, his energy, his apparent understanding of: everything. He has written 53 books, more …

Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie Zink

School of Law Faculty Publications

No abstract provided.

Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

The “Tomahawk” And The “Healing Balm:” Drug Treatment Courts In Theory And Practice, Richard C. Boldt

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?, Corey Shdaimah

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.