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Articles 8041 - 8070 of 16571

Full-Text Articles in Courts

Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith Jul 2008

Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith

University of Arkansas at Little Rock Law Review

No abstract provided.


Post-Amendment 80 Judicial Politics In Arkansas: Have The Changes Undermined The Argument For Selection By Appointment?, Jay Barth Jul 2008

Post-Amendment 80 Judicial Politics In Arkansas: Have The Changes Undermined The Argument For Selection By Appointment?, Jay Barth

University of Arkansas at Little Rock Law Review

No abstract provided.


Family Law & Civil Procedure - Daddy Dilemma: Should The Truth Matter? Martin V. Pierce, No. 06-950, 2007 Wl 1447911 (Ark. May 17, 2007), Katie S. Allen Jul 2008

Family Law & Civil Procedure - Daddy Dilemma: Should The Truth Matter? Martin V. Pierce, No. 06-950, 2007 Wl 1447911 (Ark. May 17, 2007), Katie S. Allen

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson Jul 2008

Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson

University of Arkansas at Little Rock Law Review

No abstract provided.


[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox Jul 2008

[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox

University of Arkansas at Little Rock Law Review

No abstract provided.


The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray Jul 2008

The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray

Indiana Law Journal

No abstract provided.


Crime, Legitimacy, And Testilying, I. Bennett Capers Jul 2008

Crime, Legitimacy, And Testilying, I. Bennett Capers

Indiana Law Journal

No abstract provided.


Review Of Crafting The Overseer's Image By William E. Wiethoff, Daniel J. Sharfstein Jul 2008

Review Of Crafting The Overseer's Image By William E. Wiethoff, Daniel J. Sharfstein

Vanderbilt Law School Faculty Publications

Wherever slaves worked on plantations in the antebellum South, overseers were hired to supervise and discipline them. Crops, soil types, and topographies varied greatly across the region, but professional slave drivers were fixtures of the landscape from the colonial era to the Civil War. Their ubiquity pleased few people, slave or free. Accounts of their sadism, sexual violence, and general coarseness and stupidity are not limited to slave narratives and abolitionist tracts; gripes and horror stories fill the public and private writings of plantation owners, too. Harriet Beecher Stowe was hardly taking literary license when she made slave owner Simon …


Letter From Lifers Committee, Roger J. Miner '56 Jun 2008

Letter From Lifers Committee, Roger J. Miner '56

Correspondence

No abstract provided.


Access To Justice For The Poor: The Singapore Judiciary At Work, Gary Chan Kok Yew Jun 2008

Access To Justice For The Poor: The Singapore Judiciary At Work, Gary Chan Kok Yew

Washington International Law Journal

This Article examines the concrete efforts and programs of the Singapore judiciary to maintain and enhance access to justice for the poor. This examination is undertaken via overlapping economic, procedural, and institutional approaches. The Article will examine three main contentions. First, that the Singapore judiciary’s concrete efforts in maintaining and promoting access to justice for the poor have been fairly comprehensive and pro-active. Second, that abstract constitutional discourse on the right of access to justice and the associated rights of legal representation and legal aid are virtually absent in Singapore. Thus, the judicial practice for enhancing access to justice for …


Enhancing Courtroom Presentation Through Technology, Fredric I. Lederer Jun 2008

Enhancing Courtroom Presentation Through Technology, Fredric I. Lederer

Popular Media

No abstract provided.


From Judge To Justice: Social Background Theory And The Supreme Court, Tracey E. George Jun 2008

From Judge To Justice: Social Background Theory And The Supreme Court, Tracey E. George

Vanderbilt Law School Faculty Publications

The Roberts Court Justices already have revealed many differences from one another, but they also share a (possibly) significant commonality: Presidents promoted all of them to the U.S. Supreme Court from the U.S. Courts of Appeals. This means, of course, that they initially learned how to be judges while serving on a circuit court. How might the Justices' common route to the Court affect their actions on it? Social background theory hypothesizes that prior experience influences subsequent behavior such as voting, opinion writing, and coalition formation. This Article empirically analyzes promotion to the Supreme Court and examines the implications of …


Courtroom Technology, Fredric I. Lederer, Tom O'Connor, Timothy A. Piganelli Jun 2008

Courtroom Technology, Fredric I. Lederer, Tom O'Connor, Timothy A. Piganelli

Popular Media

No abstract provided.


Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer Jun 2008

Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer

Faculty and Staff Scholarship

While theoretical justifications predict that a judge’s gender and race may influence judicial decisions, empirical support for these arguments has been mixed. However, recent increases in judicial diversity necessitate a reexamination of these earlier studies. Rather than examining individual judges on a single characteristic, such as gender or race alone, this research note argues that the intersection of individual characteristics may provide an alternative approach for evaluating the effects of diversity on the federal appellate bench. The results of cohort models examining the joint effects of race and gender suggest that minority female judges are more likely to support criminal …


Responding To Foreclosures In Cuyahoga County: A Pilot Initiative, Interim Report, Alan C. Weinstein, Kathryn W. Hexter, Molly Schnoke May 2008

Responding To Foreclosures In Cuyahoga County: A Pilot Initiative, Interim Report, Alan C. Weinstein, Kathryn W. Hexter, Molly Schnoke

Law Faculty Reports and Comments

The Center for Civic Education and the Cleveland-Marshall College of Law released their report, on May 12, 2008. The report, prepared for the Cuyahoga County Board of Commissioners, is an assessment of the County's comprehensive approach to addressing foreclosures on two levels: 1) Making foreclosure proceedings faster and fairer and 2) Creating an early intervention program to help residents prevent foreclosure.


A Rodent In Robes, Donald E. Wilkes Jr. May 2008

A Rodent In Robes, Donald E. Wilkes Jr.

Popular Media

Because of the credible (but ultimately unresolved) sexual harassment charges leveled against him by Anita Hill and others at his confirmation hearings, as well as his creepy-crawly anti-individual rights voting record on the Supreme Court, nearly every time U.S. Supreme Court Justice Clarence Thomas visits a university campus there are protests by faculty and students, and now Michael Adams' decision to invite Thomas to be the commencement speaker at the upcoming UGA graduation ceremony has created a furor. For years, UGA administrators appear to have tolerated sexual harassment on campus, and in recent months there have been startling revelations of …


Issue 5: Table Of Contents May 2008

Issue 5: Table Of Contents

University of Richmond Law Review

No abstract provided.


The Fundamental And Natural Law 'Repugnant Review' Origins Of Judicial Review: A Synergy Of Early English Corporate Law With Notions Of Fundamental And Natural Law, Lawrence Joseph Perrone May 2008

The Fundamental And Natural Law 'Repugnant Review' Origins Of Judicial Review: A Synergy Of Early English Corporate Law With Notions Of Fundamental And Natural Law, Lawrence Joseph Perrone

Brigham Young University Journal of Public Law

No abstract provided.


A Personal Jurisdiction Dilemma: Collateral Attacks On Foreign Judgments In U.S. Recognition Proceedings, J. Chad Mitchell May 2008

A Personal Jurisdiction Dilemma: Collateral Attacks On Foreign Judgments In U.S. Recognition Proceedings, J. Chad Mitchell

Brigham Young University International Law & Management Review

No abstract provided.


The Court, The Constitution, And The History Of Ideas, Scott D. Gerber May 2008

The Court, The Constitution, And The History Of Ideas, Scott D. Gerber

Vanderbilt Law Review

Several of the nation's most influential constitutional law scholars have been arguing for the better part of a decade that judicial review should be sharply limited, or eliminated altogether. The list includes such prominent thinkers as Professor Mark V. Tushnet of Harvard Law School, Professor Cass R. Sunstein of the University of Chicago Law School, and Dean Larry D. Kramer of Stanford Law School. In place of the doctrine made famous by Chief Justice John Marshall in Marbury v. Madison, these leading voices of the legal academy call for "popular constitutionalism": a constitutional law that is defined outside of the …


Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard May 2008

Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard

Working Paper Series

This article examines factual premises of statutory interpretation in agency review cases, and proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Courts frequently encounter questions of statutory interpretation that depend on underlying factual background, context, and implications. When they do so, courts generally assume that they retain the authority to decide the factual premises and thereby to answer questions of statutory interpretation that depend on factual premises. This is problematic from a functional standpoint, because courts often lack the information or expertise necessary to assess these underlying facts …


Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler May 2008

Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler

Brigham Young University Journal of Public Law

No abstract provided.


Subject Index May 2008

Subject Index

University of Richmond Law Review

No abstract provided.


Case Index May 2008

Case Index

University of Richmond Law Review

No abstract provided.


Title Index May 2008

Title Index

University of Richmond Law Review

No abstract provided.


Author Index May 2008

Author Index

University of Richmond Law Review

No abstract provided.


The Parcel As A Whole: A Presumptive Structural Approach For Determining When The Government Has Gone Too Far, Keith Woffinden May 2008

The Parcel As A Whole: A Presumptive Structural Approach For Determining When The Government Has Gone Too Far, Keith Woffinden

BYU Law Review

No abstract provided.


Categorizing Categories: Property Of The Estate And Fraudulent Transfers In Bankruptcy, Michael R. Cedillos May 2008

Categorizing Categories: Property Of The Estate And Fraudulent Transfers In Bankruptcy, Michael R. Cedillos

Michigan Law Review

11 U.S.C. § 541 defines "property of the estate" in bankruptcy, but courts have not interpreted that section uniformly. The Fifth Circuit has read the term broadly to include both interests in property that the trustee recovers under § 541(a)(3) and legal or equitable interests under § 541(a)(1) that have purportedly been fraudulently transferred but which the trustee has not yet recovered. The Second Circuit, however, has taken a more restrained approach, holding that fraudulently transferred property that the trustee has not yet recovered does not constitute property of the estate. This Note argues that courts should adopt the Second …


Arbitration And Article Iii, Peter B. Rutledge May 2008

Arbitration And Article Iii, Peter B. Rutledge

Scholarly Works

Does arbitration violate Article III? Despite the critical need for a coherent theory to answer this question, few commentators or courts have made serious attempts to provide one. For much of the country's history, federal courts conveniently could avoid this nettlesome question. Prior to the twentieth century, courts simply declined to enforce pre-dispute arbitration agreements as unenforceable attempts to appropriate their jurisdiction. From the early decades of the twentieth century (with the enactment of the Federal Arbitration Act (“FAA”) in 1925) through the 1960s, the non-arbitrability doctrine prevented arbitrators from resolving issues of federal statutory law. Notably, while both of …


Finding And Citing The "Unimportant" Decisions Of The U.S. Courts Of Appeals, Peter W. Martin Apr 2008

Finding And Citing The "Unimportant" Decisions Of The U.S. Courts Of Appeals, Peter W. Martin

Cornell Law Faculty Publications

A Federal Rule of Appellate Procedure that took effect at the end of 2006 overturned past policies in several circuits that banned or severely limited citation of unpublished or nonprecedential opinions. All U.S. Court of Appeals decisions issued after January 1, 2007, published or not, may be cited. One of the objections raised by those opposed to the rule rested on concern about access to such opinions, which constitute more than 80% of the annual total. The Judicial Conference committee that drafted and pressed for adoption of the rule pointed out that federal legislation called on the circuit courts to …