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Articles 8971 - 9000 of 16640
Full-Text Articles in Courts
Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan
Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan
Law Faculty Scholarship
No abstract provided.
Now And Then At The Supreme Court, Nancy Bellhouse May, Nancy May
Now And Then At The Supreme Court, Nancy Bellhouse May, Nancy May
The Journal of Appellate Practice and Process
No abstract provided.
Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld
Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld
The Journal of Appellate Practice and Process
No abstract provided.
Outsourcing And Collective Bargaining: A "Win-Win" For Employers And Employees, Shelby Silverman
Outsourcing And Collective Bargaining: A "Win-Win" For Employers And Employees, Shelby Silverman
Cardozo Journal of International and Comparative Law
The note argues that the National Labor Relations Act (NLRA) framework effectively promotes negotiation over outsourcing decisions, aligning with Congress's intent to foster industrial peace through collective bargaining. Despite challenges in modern labor markets, the legal framework encourages mutual negotiation, driven by uncertainty and the desire to avoid disputes.
Howerton V. Arai Helmet, Ltd. Last Dance With The Daubert-Kumho Decisions: One Step Forward From Two Steps Back, Lisa Alumbaugh Kamarchik
Howerton V. Arai Helmet, Ltd. Last Dance With The Daubert-Kumho Decisions: One Step Forward From Two Steps Back, Lisa Alumbaugh Kamarchik
North Carolina Central Law Review
No abstract provided.
Boys Will Be Boys: A Social Control Approach To Assessment Of Gender-Based Sentencing Disparity In Norfolk Circuit Court Cases, Fay F. Spence
Boys Will Be Boys: A Social Control Approach To Assessment Of Gender-Based Sentencing Disparity In Norfolk Circuit Court Cases, Fay F. Spence
Sociology & Criminal Justice Theses & Dissertations
This study evaluated the relationship between gender and sentencing severity for defendants convicted of violent crimes, victimless crimes, and theft crimes in Norfolk Circuit Court during 2001 and 2002. Based upon social control theories, the author hypothesized that women receive harsher penalties than men for violent crimes and victimless crimes, but that men receive harsher penalties for theft crimes. To test these hypotheses, the author relied, in part, upon data collected by the Norfolk Commonwealth Attorney's office on 3368 criminal cases filed in 2001 and concluded by May 22, 2002. After eliminating cases not pertinent to the study, the data …
A Prudential Exercise: Abstention And The Probate Exception To Federal Diversity Jurisdiction, Christian J. Grostic
A Prudential Exercise: Abstention And The Probate Exception To Federal Diversity Jurisdiction, Christian J. Grostic
Michigan Law Review
Ann-Marie Brege's parents established an irrevocable trust in 1985, with Ann-Marie as sole beneficiary. When Merrill Lynch Trust Co. took over as trustee years later, however, the trust's principal dropped sharply, losing over half its value in just a few years. Ann-Marie sued in Michigan probate court, alleging that Merrill Lynch had violated its legal duties in administering the trust. Since Ann-Marie was from New York and Merrill Lynch had its headquarters in New Jersey, Merrill Lynch had an apparently easy argument for diversity jurisdiction. In an unremarkable turn of events, Merrill Lynch filed a notice of removal to federal …
The New Black's, Peter Tiersma
Supreme Court Nomination John G. Roberts: Hearing Before The S. Comm. On The Judiciary, 109th Cong., Sept. 15, 2005 (Statement Of Peter B. Edelman, Prof. Of Law, Geo. U. L. Center), Peter B. Edelman
Testimony Before Congress
No abstract provided.
Casenote: Killing Life Partners: Why Viatical Settlements Constitute Securities – In Light Of The Sec V. Mutual Benefits Corporation And Other Recent Cases Explicitly Rejecting Life Partners, Brian Levin
ExpressO
No abstract provided.
The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer
The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer
ExpressO
The emerging field of comparative institutional analysis (CIA) has much to offer public policy analysts. However, the failure of CIA to address the dynamic process through which social goals are articulated limits the scope of its application to the largely prescriptive pronouncements of legal scholars. By examining the movement for equal recognition of same-sex relationships, this Essay builds on the basic observations of CIA and introduces a new dimension, namely the dynamic process through which social goals are articulated and social change is pursued. The acknowledgment that the production of social goals involves institutional behavior, as well as multiple sites …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
An Investigation Of Death Qualification As A Violation Of The Rights Of Jurors, Adam M. Clark
An Investigation Of Death Qualification As A Violation Of The Rights Of Jurors, Adam M. Clark
Buffalo Public Interest Law Journal
No abstract provided.
The "Csi Effect": Better Jurors Through Television And Science?, Michael Mann
The "Csi Effect": Better Jurors Through Television And Science?, Michael Mann
Buffalo Public Interest Law Journal
No abstract provided.
Judicial Predilections, John Paul Stevens
Treating Tribes Differently: Civil Jurisdiction Inside And Outside Indian Country, Max Minzner
Treating Tribes Differently: Civil Jurisdiction Inside And Outside Indian Country, Max Minzner
Nevada Law Journal
No abstract provided.
Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser
Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser
Nevada Law Journal
No abstract provided.
Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens
Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens
Washington and Lee Law Review
No abstract provided.
Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein
Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein
Washington and Lee Law Review
No abstract provided.
Much Ado About The Tip Of An Iceberg, William M. Richman
Much Ado About The Tip Of An Iceberg, William M. Richman
Washington and Lee Law Review
No abstract provided.
Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati
Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati
Washington and Lee Law Review
No abstract provided.
Duck Duck Recuse? Foreign Common Law Guidance & Improving Recusal Of Supreme Court Justices, R. Matthew Pearson
Duck Duck Recuse? Foreign Common Law Guidance & Improving Recusal Of Supreme Court Justices, R. Matthew Pearson
Washington and Lee Law Review
No abstract provided.
Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz
Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz
Washington and Lee Law Review
No abstract provided.
The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett
The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett
Washington and Lee Law Review
No abstract provided.
Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether
Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether
Washington and Lee Law Review
No abstract provided.
Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy
Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy
Washington and Lee Law Review
No abstract provided.
Publishing Dissent, Arthur J. Jacobson
Publishing Dissent, Arthur J. Jacobson
Washington and Lee Law Review
No abstract provided.
Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill
Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill
Washington and Lee Law Review
No abstract provided.
Fourth Circuit Publication Practices, Carl Tobias
Fourth Circuit Publication Practices, Carl Tobias
Washington and Lee Law Review
No abstract provided.
Making State Law In Federal Court, Benjamin C. Glassman
Making State Law In Federal Court, Benjamin C. Glassman
ExpressO
Abstract: We know from Erie R.R. Co. v. Tompkins that unless the Constitution or a federal statute provides the rule of decision in federal court, state law does. Contrary to the assumption of several recent commentators, however, Erie itself does not tell the federal court how to ascertain what is the law of the state, and the refrain that federal courts are to predict what the state supreme court would decide not only proves unhelpful upon examination, but also has tended to confuse the courts themselves in recent years. Yet federal courts routinely face questions of state law that admit …