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Articles 7801 - 7830 of 16525
Full-Text Articles in Courts
Commentary: International Prosecution Of Heads Of State For Genocide, War Crimes, And Crimes Against Humanity, 43 J. Marshall L. Rev. Xxv (2009), Hans Corell
UIC Law Review
No abstract provided.
David Doe V. Goliath, Inc.: Judicial Ferment In 2009 For Business Plaintiffs Seeking The Identities Of Anonymous Online Speakers, 43 J. Marshall L. Rev. 1 (2009), Clay Calvert, Kayla Gutierrez, Karla D. Kennedy, Kara Carnley Murrhee
David Doe V. Goliath, Inc.: Judicial Ferment In 2009 For Business Plaintiffs Seeking The Identities Of Anonymous Online Speakers, 43 J. Marshall L. Rev. 1 (2009), Clay Calvert, Kayla Gutierrez, Karla D. Kennedy, Kara Carnley Murrhee
UIC Law Review
No abstract provided.
Silencing Tory Bowen: The Legal Implications Of Word Bans In Rape Trials, 43 J. Marshall L. Rev. 215 (2009), Randah Atassi
Silencing Tory Bowen: The Legal Implications Of Word Bans In Rape Trials, 43 J. Marshall L. Rev. 215 (2009), Randah Atassi
UIC Law Review
No abstract provided.
Confessions Of A Whistleblower: The Need To Reform The Whistleblower Provision Of The Sarbanes-Oxley Act, 43 J. Marshall L. Rev. 241 (2009), Jisoo Kim
UIC Law Review
No abstract provided.
When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, 43 J. Marshall L. Rev. 111 (2009), Steven R. Morrison
When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, 43 J. Marshall L. Rev. 111 (2009), Steven R. Morrison
UIC Law Review
No abstract provided.
Updates From The International And Internationalized Criminal Courts, Cyrena Khoury, Shubra Ohri, Sharon Mills, Amanda Chace, Aileen Thomson, Rebecca Williams, Sarah Steinfeld, Katherine Anne Cleary
Updates From The International And Internationalized Criminal Courts, Cyrena Khoury, Shubra Ohri, Sharon Mills, Amanda Chace, Aileen Thomson, Rebecca Williams, Sarah Steinfeld, Katherine Anne Cleary
Human Rights Brief
No abstract provided.
Dr. Miles Is Dead. Now What?: Structuring A Rule Of Reason For Minimum Resale Price Maintenance, Thom Lambert
Dr. Miles Is Dead. Now What?: Structuring A Rule Of Reason For Minimum Resale Price Maintenance, Thom Lambert
Faculty Publications
This article critiques six approaches that have been proposed for evaluating minimum RPM and offers an alternative approach. The six approaches critiqued are (1) the Brandeisian, unstructured rule of reason; (2) Judge Posner's rule of per se legality; (3) the approach advocated by 27 states in the recent Nine West case; (4) the approach adopted by the Federal Trade Commission in that case; (5) the approach advocated by economists William Comanor and F.M. Scherer; and (6) the approach proposed in the Areeda & Hovenkamp Antitrust Law treatise. Finding each of these approaches deficient, the article proposes an alternative evaluative approach …
Review Of Trial Of Modernity: Judicial Reform In Early Twentieth Century China, 1901-37, By Xiaoqun Xu, Nicholas C. Howson
Review Of Trial Of Modernity: Judicial Reform In Early Twentieth Century China, 1901-37, By Xiaoqun Xu, Nicholas C. Howson
Reviews
Observing these significant legal-political debates in the Chinese press and academy in the first decade of the twenty-first century, we might think they concern battles started only in the last decade and a half of Reform-era China. Now Professor Xu Xiaoqun reminds us that these struggles have a much longer pedigree, stretching back to the end of the nineteenth century and China's first fraught encounter with "the West" and one idea of "modernity."
Constitutional Interpretation And Judicial Review: A Case Of The Tail Wagging The Dog, Michael Halley
Constitutional Interpretation And Judicial Review: A Case Of The Tail Wagging The Dog, Michael Halley
Michigan Law Review First Impressions
A response to John F. Manning, Federalism and the Generality Problem in Constitutional Interpretation, 122 Harv. L. Rev. 2003 (2009). Professor John Manning's analysis of the Supreme Court's recent federalism decisions works as a platform to further the cause of textualism. His argument fails to persuade, however, because the textualism he says the Court should embrace in federalism cases is antithetical to the atextual nature of the Court's jurisdiction to adjudicate the constitutionality of legislation. Manning prefaces his work by telling readers that his analysis is not an end in itself. His aim, rather, is to "use the methodology" the …
Appellate Review Of Patent Claim Construction: Should The Federal Circuit Be Its Own Lexicographer In Matters Related To The Seventh Amendment, Eileen M. Herlihy
Appellate Review Of Patent Claim Construction: Should The Federal Circuit Be Its Own Lexicographer In Matters Related To The Seventh Amendment, Eileen M. Herlihy
Michigan Telecommunications & Technology Law Review
The Federal Circuit stated in an en banc decision in Cybor Corp. v. FAS Technologies, Inc. that the construction of patent claims is "a purely legal issue," and is therefore subject to de novo review on appeal. The Cybor decision reaffirmed the position of the majority of the Federal Circuit which had been announced in its en banc Markman decision, and proclaimed that the de novo standard of review is supported by the Supreme Court's Markman decision, a Seventh Amendment opinion. However, Cybor included strong opposition to a de novo standard of review from some of the judges of the …
Foreign Officials And Sovereign Immunity In U.S. Courts, Curtis A. Bradley
Foreign Officials And Sovereign Immunity In U.S. Courts, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Competition In The Courtroom: When Does Expert Testimony Improve Jurors’ Decisions?, Cheryl Boudreau, Mathew D. Mccubbins
Competition In The Courtroom: When Does Expert Testimony Improve Jurors’ Decisions?, Cheryl Boudreau, Mathew D. Mccubbins
Faculty Scholarship
Many scholars lament the increasing complexity of jury trials and question whether the testimony of competing experts helps unsophisticated jurors to make informed decisions. In this article, we analyze experimentally the effects that the testimony of competing experts has on (1) sophisticated versus unsophisticated subjects' decisions and (2) subjects' deci- sions on difficult versus easy problems. Our results demonstrate that competing expert testimony, by itself, does not help unsophisticated subjects to behave as though they are sophisticated, nor does it help subjects make comparable decisions on difficult and easy problems. When we impose additional institutions (such as penalties for lying …
Juror Incomprehension: Advocating For A Holistic Reform Of Jury Instructions, J. Brittany Cross
Juror Incomprehension: Advocating For A Holistic Reform Of Jury Instructions, J. Brittany Cross
Kentucky Law Journal
No abstract provided.
International Advocate For Peace Award Acceptance Speech, Amira Dotan
International Advocate For Peace Award Acceptance Speech, Amira Dotan
Cardozo Journal of Conflict Resolution
The Ninth International Peace Award Recipient
Corrupt Conditions Surrounding The Eccc And Their Effect On Judicial Decision-Making And The Appearance Of Fairness, Michael A. Kertesz
Corrupt Conditions Surrounding The Eccc And Their Effect On Judicial Decision-Making And The Appearance Of Fairness, Michael A. Kertesz
War Crimes Memoranda
No abstract provided.
Grounds For Challenging/Defending Tribunal’S Establishment And Jurisdiction What Are The Possible Legal Challenges Relating To The Establishment And Jurisdiction Of The Tribunal? How Can These Arguments Best Be Refuted?, Jacqueline C. Greene
War Crimes Memoranda
No abstract provided.
Recruiting And Selecting Child Welfare Staff, Michelle Graef, Megan Paul, Tara L. Myers
Recruiting And Selecting Child Welfare Staff, Michelle Graef, Megan Paul, Tara L. Myers
Center on Children, Families, and the Law: Faculty Publications
In this chapter, the focus is on recruiting and selecting new staff and on the steps agencies can take to ensure that they are doing the best possible job to attract and hire a high-performing, committed workforce. This chapter reviews a number of strategies for improving recruitment and selection processes and provides case examples from the authors' work with child protection agencies in several states. These projects have been accomplished by a team of researchers at the University of Nebraska-Lincoln's Center on Children, Families, and the Law (CCFL). Some of the techniques described here will be familiar, whereas others are …
The Modern Problem-Solving Court Movement: Domination Of Discourse And Untold Stories Of Criminal Justice Reform, Mae Quinn
Journal Articles
There is a chasm between the rhetoric about and the reality of modern court reform movements. It is a deeply troubling divide. This Article, responding to the work of Professor Jane Spinak, is not concerned with innovations within the family court system. Rather, it examines modern criminal justice reforms.1 It focuses on the claims of the contemporary ―problem-solving court‖ movement—a movement that has resulted in the development of thousands of specialized criminal courts across the country over the last two decades.2
Judgment, Identity, And Independence, Cassandra Burke Robertson
Judgment, Identity, And Independence, Cassandra Burke Robertson
Faculty Publications
Whenever a new corporate or governmental scandal erupts, onlookers ask "Where were the lawyers?" Why would attorneys not have advised their clients of the risks posed by conduct that, from an outsider's perspective, appears indefensible? When numerous red flags have gone unheeded, people often conclude that the lawyers' failure to sound the alarm must be caused by greed, incompetence, or both. A few scholars have suggested that unconscious cognitive bias may better explain such lapses in judgment, but they have not explained why particular situations are more likely than others to encourage such bias. This article seeks to fill that …
Introduction To Symposium On Access To The Courts In The Roberts Era, Jonathan L. Entin
Introduction To Symposium On Access To The Courts In The Roberts Era, Jonathan L. Entin
Faculty Publications
Introduction to the Case Western Reserve Law Review's symposium "Access to the Courts in the Roberts Era" 2009, Cleveland, OH
Standing Still In The Roberts Court (Panel), Jonathan H. Adler
Standing Still In The Roberts Court (Panel), Jonathan H. Adler
Faculty Publications
This Article, prepared for the Case Western Reserve Law Review symposium on “Access to the Courts in the Roberts Era,” offers a preliminary look at the standing jurisprudence of the Roberts Court. Contrary to claims made by some Court commentators, the Roberts Court has not tightened the requirements for Article III standing. To the contrary, insofar as the Roberts Court has altered the law of standing, it has made it easier for at least some litigants to pursue their claims in federal court. The Court’s decisions denying standing have largely reaffirmed prior holdings. By comparison, some of the Court’s decisions …
Nonconsensual + Nonbinding = Nonsensical? Reconsidering Court-Connected Arbitration Programs, Amy J. Schmitz
Nonconsensual + Nonbinding = Nonsensical? Reconsidering Court-Connected Arbitration Programs, Amy J. Schmitz
Cardozo Journal of Conflict Resolution
Policymakers have adopted programs mandating parties to submit their disputes to court-connected arbitration hoping to garner efficiency benefits commonly associated with contractual Federal Arbitration Act (FAA) arbitration. Mandatory nonbinding arbitration, however, is ill-equipped for this task because it lacks the consensual core and finality of FAA arbitration. Instead, it often adds an inefficient layer to the litigation process and may harm those least able to protect themselves from coerced settlements or burdens of protracted litigation.
Trade Adjustment Assistance At The U.S. Court Of International Trade: The Year In Review, 41 Geo. J. Int'l L. 137 (2009), Steven D. Schwinn
Trade Adjustment Assistance At The U.S. Court Of International Trade: The Year In Review, 41 Geo. J. Int'l L. 137 (2009), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
No abstract provided.
Bull’S-Eye View Of Cooperation In Discovery, Steven S. Gensler
Bull’S-Eye View Of Cooperation In Discovery, Steven S. Gensler
Faculty Articles
No abstract provided.
National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman
National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
In October 2008, the author moderated a panel discussion addressing the utility of establishing a new national security court system for administering the detention and trial of terrorist suspects. The discussion featured comments by five lawyers with significant academic and practical experience in the field: Richard Zabel, a litigation partner at Akin Gump Strauss Hauer & Feld LLP, a former Assistant U.S. Attorney and co-author of In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts; Glenn L. Sulmasy, an Associate Professor of Law at the United States Coast Guard Academy and author of the forthcoming book, The National …
Building The Evidence Base For Family Drug Treatment Courts: Results From Recent Outcome Studies, Beth L. Green, Carrie Jeanne Furrer, Sonia D. Worsel, Scott W. M. Burrus, Michael W. Finigan
Building The Evidence Base For Family Drug Treatment Courts: Results From Recent Outcome Studies, Beth L. Green, Carrie Jeanne Furrer, Sonia D. Worsel, Scott W. M. Burrus, Michael W. Finigan
Complex Systems Faculty Publications and Presentations
Results from at least four studies of FDTCs found evidence for their effectiveness in assisting and supporting parents in entering, remaining in, and completing substance abuse treatment so they could be reunited with their children; however, different program models achieved different outcome patterns. The Pima County (Arizona) study found positive effects for treatment completion, family reunification, and reduced times to permanent placement. Two other programs showed consistent positive treatment and child welfare outcomes. Neither of these two sites produced reduced time to permanent placements. The two most successful sites were longstanding FDTCs whose models aligned closely with the core program …
The Role Of The Office Of The Administrative Law Judges Within The United States International Trade Commission, 8 J. Marshall Rev. Intell. Prop. L. 216 (2009), Carl C. Charneski
The Role Of The Office Of The Administrative Law Judges Within The United States International Trade Commission, 8 J. Marshall Rev. Intell. Prop. L. 216 (2009), Carl C. Charneski
UIC Review of Intellectual Property Law
Section 337 of the Tariff Act of 1930 makes unlawful, specifically, the importation of products that infringe intellectual property rights. The U.S. International Trade Commission (“ITC”) is the forum in which all section 337 proceedings are adjudicated and, within the ITC, the Office of Administrative Law Judges handles all these proceedings. Section 337 cases can be exceedingly complex and technical, and the Administrative Law Judges (“ALJ”) are the initial triers of fact, administrators, and decision makers in every case. Thus, the amount of work that the ALJs—along with their staff—must meet to see these cases to completion can be substantial. …
Obviousness Before And After Judge Markey, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 9 (2009), Mark J. Abate
Obviousness Before And After Judge Markey, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 9 (2009), Mark J. Abate
UIC Review of Intellectual Property Law
Chief Judge Howard T. Markey left an everlasting mark on the meaning of obviousness under 35 U.S.C. § 103. Chief Judge Markey viewed all inventions as combinations of old elements because, in his own words, “Only God works from nothing. Man must work with old elements.” Chief Judge Markey’s obviousness jurisprudence can be characterized by three fundamental principles. First, he looked at an invention as a whole. Second, he looked for real world evidence of nonobviousness because it was a reliable indicator of obviousness. Third, he avoided the dangers of hindsight bias by looking for a reason to combine a …
The Role Of Juries In Managing Patent Enforcement: Judge Howard Markey's Opinions And Writings, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 41 (2009), John R. Alison
UIC Review of Intellectual Property Law
In the 1970s, a trial by jury was rare in patent cases. By the time Chief Judge Markey left the United States Court of Appeals for the Federal Circuit in 1989, jury trials had become the norm. Throughout Judge Markey’s time on the bench he exerted great energy to promote, define, and improve the role of law juries in patent cases. This speech by Judge Markey’s former law clerk, John R. Alison, discusses the three Markey Principles. The first principle of Judge Markey is the fundamental right to a jury trial in patent cases. Second, proceedings in jury trials for …
The Legacy Of Judge Howard T. Markey, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 1 (2009), Antonin Scalia
The Legacy Of Judge Howard T. Markey, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 1 (2009), Antonin Scalia
UIC Review of Intellectual Property Law
On September 16, 2008, Associate Justice of the Supreme Court of the United States Antonin Scalia delivered a speech on the legacy of the late Howard T. Markey. The speech was given at The John Marshall Law School’s The Legacy of Judge Howard T. Markey Symposium, held at the law school in Chicago, Illinois. The text of the speech appears here.