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Articles 8371 - 8400 of 16598
Full-Text Articles in Courts
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
University of Richmond Law Review
No abstract provided.
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
University of Richmond Law Review
No abstract provided.
Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs
Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs
BYU Law Review
No abstract provided.
Proximate Cause In Constitutional Torts: Holding Interrogators Liable For Fifth Amendment Violations At Trial, Joel Flaxman
Proximate Cause In Constitutional Torts: Holding Interrogators Liable For Fifth Amendment Violations At Trial, Joel Flaxman
Michigan Law Review
This Note argues for the approach taken by the Sixth Circuit in McKinley: a proper understanding of the Fifth Amendment requires holding that an officer who coerces a confession that is used at trial to convict a defendant in violation of the right against self-incrimination should face liability for the harm of conviction and imprisonment. Part I examines how the Supreme Court and the circuits have applied the concept of common law proximate causation to constitutional torts and argues that lower courts are wrong to blindly adopt common law rules without reference to the constitutional rights at stake. It …
The United States Federal Judiciary May Not Be A Third, Co-Equal Branch Of Government - What Are The Implications For The Irish Debate On Judicial Activism, Lawrence Donnelly
The United States Federal Judiciary May Not Be A Third, Co-Equal Branch Of Government - What Are The Implications For The Irish Debate On Judicial Activism, Lawrence Donnelly
San Diego International Law Journal
In support of this argument, this essay first examines the language of Article III of the United States Constitution and then briefly reviews the origins of the widely held perception that the federal judiciary is a "co-equal" branch of government. It next considers Borkian constitutionalism, opining that if one is to read the Constitution as Bork urges, this essay's tentative proposition can't be far off the mark. The focus then shifts to the express language of the Irish Constitution, which accords a far greater responsibility to the judiciary than its American counterpart. In this context, it reviews some pronouncements in …
Unlawful Enemy Combatants: Hearing Before The S. Comm. On Armed Services, 110th Cong., Apr. 26, 2007 (Statement Of Neal Kumar Katyal, Geo. U. L. Center), Neal K. Katyal
Testimony Before Congress
No abstract provided.
Reinventing The Courts: The Frontiers Of Judicial Activism In The State Courts, Frank V. Williams Iii
Reinventing The Courts: The Frontiers Of Judicial Activism In The State Courts, Frank V. Williams Iii
Campbell Law Review
[T]his article is about a movement to completely reinvent the courts originating from within the ranks of the justices of the state supreme courts, leading academics, and the large legal organizations which support them.
The History Of The United States District Court For The Southern District Of West Virginia, Forest J. Bowman Esq.
The History Of The United States District Court For The Southern District Of West Virginia, Forest J. Bowman Esq.
West Virginia Law Review
No abstract provided.
The State-Of-The-States Survey Of Jury Improvement Efforts: A Compendium Report, Paula Hannaford-Agor, Gregory E. Mize, Nicole L. Waters
The State-Of-The-States Survey Of Jury Improvement Efforts: A Compendium Report, Paula Hannaford-Agor, Gregory E. Mize, Nicole L. Waters
Faculty Publications
The State-of-the-States Survey is the cornerstone of a much larger initiative by the NCSC Center for Jury Studies – the National Program to Increase Citizen Participation in Jury Service (National Jury Program). The National Jury Program provides information and technical assistance to state courts about best practices in jury system management and trial procedures. Its ultimate goals are to assist courts to summons and impanel more representative juries; to manage their jury systems in an effective, efficient, and informative manner; to facilitate informed decision-making by trial jurors; to increase public trust and confidence in the jury system and in courts; …
What's Left Standing? Feca Citizen Suits And The Battle For Judicial Review, Kimberly L. Wehle
What's Left Standing? Feca Citizen Suits And The Battle For Judicial Review, Kimberly L. Wehle
All Faculty Scholarship
This Article discusses standing to sue the FEC with two principal objectives. First, it attempts to frame the doctrinal inconsistencies between Lujan and Akins that have given rise to ongoing FECA standing litigation and concludes that the Supreme Court should acknowledge its repudiation of Lujan in cases seeking election-related information. Second, it explores the question whether courts may be statutorily required to consider citizen challenges to FEC enforcement actions as a matter of justiciability theory in the first instance, and concludes that courts should turn to the oft-overlooked Akins decision in lieu of Lujan in reviewing suits brought under citizen-suit …
Promissory Estoppel, Proprietary Estoppel And Constructive Trust In Canada: "What's In A Name?", Jane Matthews Glenn
Promissory Estoppel, Proprietary Estoppel And Constructive Trust In Canada: "What's In A Name?", Jane Matthews Glenn
Dalhousie Law Journal
This paper explores the similarities and differences between promissory estoppel, proprietary estoppel and the remedial constructive trust. Although the three are quite different at one level, as the first is a defence to an action, the second a cause of action as well as a defence, and the third simply a remedy to a cause of action, a closer examination reveals certain underlying similarities. The comparison highlights proprietary estoppel, an oft-overlooked concept in Canada, but which is comparable to promissory estoppel at the substantive level and the constructive trust at the remedial level.
Simon Says: Time For A New Approach To Choice-Of-Law Questions In Indiana, Eric J. Mckeown
Simon Says: Time For A New Approach To Choice-Of-Law Questions In Indiana, Eric J. Mckeown
Indiana Law Journal
No abstract provided.
Just A Matter Of Time? Video Cameras At The United States Supreme Court And The State Supreme Courts, Robert L. Brown
Just A Matter Of Time? Video Cameras At The United States Supreme Court And The State Supreme Courts, Robert L. Brown
The Journal of Appellate Practice and Process
No abstract provided.
Lopez V. Gonzales: A Window On The Shortcomings Of The Federal Appellate Process, Brent E. Newton
Lopez V. Gonzales: A Window On The Shortcomings Of The Federal Appellate Process, Brent E. Newton
The Journal of Appellate Practice and Process
No abstract provided.
Seeking Best Practices Among Intermediate Courts Of Appeal: A Nascent Journey, W. Warren H. Binford, Preston C. Greene, Maria C. Schmidlkofer
Seeking Best Practices Among Intermediate Courts Of Appeal: A Nascent Journey, W. Warren H. Binford, Preston C. Greene, Maria C. Schmidlkofer
The Journal of Appellate Practice and Process
No abstract provided.
Experience Matters: The Rise Of A Supreme Court Bar And Its Effect On Certiorari, Joseph W. Swanson
Experience Matters: The Rise Of A Supreme Court Bar And Its Effect On Certiorari, Joseph W. Swanson
The Journal of Appellate Practice and Process
No abstract provided.
A Critical Assessment Of The Cultural And Institutional Roles Of Appellate Courts: The Second Edition Of Appellate Courts: Structures, Functions, Processes And Personnel, Paul D. Carrington
A Critical Assessment Of The Cultural And Institutional Roles Of Appellate Courts: The Second Edition Of Appellate Courts: Structures, Functions, Processes And Personnel, Paul D. Carrington
The Journal of Appellate Practice and Process
No abstract provided.
A Modest Proposal For Regulating Unpublished, Non-Precedential Federal Appellate Opinions While Courts And Litigants Adapt To Federal Rule Of Appellate Procedure 32.1, Sarah E. Ricks
The Journal of Appellate Practice and Process
No abstract provided.
Creating An Adolescent Criminal Class: Juvenile Court Jurisdiction Over Status Offenders, Soma R. Kedia
Creating An Adolescent Criminal Class: Juvenile Court Jurisdiction Over Status Offenders, Soma R. Kedia
Cardozo Public Law, Policy & Ethics Journal
The article argues that status offenders, who commit non-criminal offenses such as truancy or running away, are unfairly treated similarly to juvenile delinquents in the court system. This treatment often leads to detention in the same facilities as delinquents, which can exacerbate behavioral issues and increase the likelihood of future criminal behavior. The author advocates for a distinct approach to handling status offenders, emphasizing the need for social services and alternative programs tailored to their specific needs rather than punitive measures.
Who Decides? A Critical Look At Procedural Discretion, Robert G. Bone
Who Decides? A Critical Look At Procedural Discretion, Robert G. Bone
Cardozo Law Review
No abstract provided.
Habermas, Legal Legitimacy, And Creative Cost Awards In Recent Canadian Jurisprudence, Michael Fenrick
Habermas, Legal Legitimacy, And Creative Cost Awards In Recent Canadian Jurisprudence, Michael Fenrick
Dalhousie Law Journal
Access to justice continues to be a live issue in Canadian courtrooms. While state-sponsored initiatives that promote access continue to flounder in Canada or in some cases, are cancelled altogether, the pressure is mounting to find creative solutions that facilitate greater participation in formal dispute resolution processes. The price of failing in this regard is very high. To truly flourish, both social cohesion and individual liberties require a more participatory and inclusive legal system than the one that currently precludes all but the wealthiest from accessing our courts. Drawing on the legal philosophy of Jargen Habermas, the author examines access …
A Dialogue On Death & Deference: Gonzales V. Oregon, Stacy A. Tromble
A Dialogue On Death & Deference: Gonzales V. Oregon, Stacy A. Tromble
Buffalo Law Review
No abstract provided.
The Internationalization Of Lay Legal Decision-Making: Jury Resurgence And Jury Research, Richard O. Lempert
The Internationalization Of Lay Legal Decision-Making: Jury Resurgence And Jury Research, Richard O. Lempert
Articles
When I first began to study the jury more than thirty years ago, the topic of this Journal issue, jury systems around the world, was unthinkable. The use of juries, especially in civil litigation, had long been in decline, to the point of near extinction in England, the land of their birth, and the live question was whether the jury system would endure in the United States. It seemed clear that juries would not continue in their classic form, as many U.S. states, with the Supreme Court's eventual approval, mandated juries of less than twelve people and allowed verdicts to …
The Future Of Footnote Four, Dan T. Coenen
The Future Of Footnote Four, Dan T. Coenen
Scholarly Works
The Supreme Court's decision in United States v. Carolene Products Co. generated the most famous footnote-and perhaps the most famous passage-in all of the American Judiciary's treatment of constitutional law. Among other things, Footnote Four suggested that "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry." The importance of this principle cannot be overstated. It pervaded the work of the Warren Court and has played a prominent role …
The Rehnquist Court: A "By The Numbers" Retrospective, Lori A. Ringhand
The Rehnquist Court: A "By The Numbers" Retrospective, Lori A. Ringhand
Scholarly Works
The late Chief Justice William Rehnquist presided over the U.S. Supreme Court for nineteen years, longer than any other Chief Justice in the 20th century. Despite this longevity, however, there is little consensus on just what the legacy of the Rehnquist Court is. Was the Rehnquist Court a restrained Court that embraced a limited, text-based reading of the Constitution? Or was it a much more aggressive Court, responsible for a resurgence of conservative judicial activism? Is it best epitomized by the “swaggering confidence” that put a President in office, or the cautious minimalism that disappointed its conservative supporters by failing …
The State Of The Judiciary: A Corporate Perspective, Larry D. Thompson, Charles J. Cooper
The State Of The Judiciary: A Corporate Perspective, Larry D. Thompson, Charles J. Cooper
Scholarly Works
The rule of law depends on highly talented, independent judges who conscientiously strive to ensure that the law is consistently applied in a principled and predictable manner. This Essay addresses two potential threats to judicial independence and the rule of law that we believe warrant special attention at this time. First, inadequate judicial salaries pose a threat to the quality and independence of the judiciary. Judges' real pay has declined substantially over the past generation, even as the compensation of other callings within the legal profession has risen dramatically. This growing disparity in pay has prompted an increasing number of …