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Articles 1381 - 1410 of 3132

Full-Text Articles in Judges

The Place Of Policy In International Law, D. H. N. Johnson Apr 2016

The Place Of Policy In International Law, D. H. N. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Oscar Schachter Apr 2016

The Place Of Policy In International Law, Oscar Schachter

Georgia Journal of International & Comparative Law

No abstract provided.


The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin Apr 2016

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams Apr 2016

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Fred Brewington Apr 2016

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.


Criminal Prosecution And Section 1983, Barry C. Scheck Apr 2016

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky Apr 2016

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Qualified Immunity When Facts Are In Dispute, Leon Friedman Apr 2016

Qualified Immunity When Facts Are In Dispute, Leon Friedman

Touro Law Review

No abstract provided.


Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles Apr 2016

Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles

Touro Law Review

No abstract provided.


Problems Concerning Litigating Custom And Practice Cases, Steve Ryals Apr 2016

Problems Concerning Litigating Custom And Practice Cases, Steve Ryals

Touro Law Review

No abstract provided.


Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter Apr 2016

Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter

The Journal of Appellate Practice and Process

No abstract provided.


The Changing Odds Of The Chancery Lottery, Marianna Wonder Apr 2016

The Changing Odds Of The Chancery Lottery, Marianna Wonder

Fordham Law Review

Delaware is home to the majority of shareholder class action litigations related to mergers and acquisitions (M&A). These cases usually result in settlements that provide shareholders with only disclosure in exchange for a broad release of future claims, which encompasses unknown and federal security claims. The Delaware Court of Chancery must review and approve these settlements under Delaware Rule 23(e), which has been interpreted as creating a fiduciary duty for the court to protect the interests of absent shareholders. Nevertheless, Delaware has a history of routinely approving disclosure-only settlements with laxity. Recently, members of the court have begun discussing the …


Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff Mar 2016

Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff

Touro Law Review

No abstract provided.


Newsroom: Strong Finish For Admiralty Team In Sfo 03-07-2016, Roger Williams University School Of Law Mar 2016

Newsroom: Strong Finish For Admiralty Team In Sfo 03-07-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016, Michael Yelnosky Mar 2016

Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016, Michael Yelnosky

Law School Blogs

No abstract provided.


On Getting It Right: Remembering Justice Antonin Scalia, Gary S. Lawson Mar 2016

On Getting It Right: Remembering Justice Antonin Scalia, Gary S. Lawson

Faculty Scholarship

In the summer of 1985, when then-Judge Antonin Scalia’s three law clerks were finishing their term at the D.C. Circuit Court of Appeals, we1 gave him a plaque emblazoned with the phrase, “It’s hard to get it right.” That was a phrase that Judge, and later Justice, Scalia’s law clerks heard often—never in anger, never in rebuke, but always as a reminder (often accompanied by a wry smile) that . . . well, sometimes it’s hard to get it right.


Issue 3: Allen Chair Table Of Contents Mar 2016

Issue 3: Allen Chair Table Of Contents

University of Richmond Law Review

No abstract provided.


The Management Of Staff By Federal Court Of Appeals Judges, Mitu Gulati, Richard A. Posner Mar 2016

The Management Of Staff By Federal Court Of Appeals Judges, Mitu Gulati, Richard A. Posner

Vanderbilt Law Review

Federal court of appeals judges have staffs consisting usually of a secretary and four law clerks; some judges have externs as well (law students working part time without pay). These staffs are essential, given judicial workloads and judges'limitations. Yet not much is known about how the judges manage their staffs. Each judge knows, of course, but judges rarely exchange information about staff management. Nor is there, to our knowledge, a literature that attempts to compare and evaluate the varieties of staff management techniques employed by federal court of appeals judges. This Essay aims to fill that gap. It is based …


Justice Scalia And The Rule Of Law: Originalism Vs. The Living Constitution, Richard F. Duncan Jan 2016

Justice Scalia And The Rule Of Law: Originalism Vs. The Living Constitution, Richard F. Duncan

Nebraska College of Law: Faculty Publications

Justice Antonin Scalia's sudden death in February, 2016, was a great loss for his family, a great loss for his friends, and a great loss for the "Written Constitution" of the United States of America. We will have no more of his brilliant, witty, and pugnacious judicial opinions. Instead, we will have to settle for the body of work he left behind as his legacy. But, as one commentator has said, his opinions are "so consistent, so powerful, and so penetrating in their devotion to the rule of law"—the real rule of law, not the political decrees of judges creating …


To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller Jan 2016

To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller

Scholarly Articles

Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book, …


Truthiness And The Marble Palace, Chad M. Oldfather, Todd C. Peppers Jan 2016

Truthiness And The Marble Palace, Chad M. Oldfather, Todd C. Peppers

Scholarly Articles

Tucked inside the title page of David Lat’s Supreme Ambitions, just after a note giving credit for the cover design and before the copyright notice, sits a standard disclaimer of the sort that appears in all novels: “This is a work of fiction. Names, characters, places, and events either are the products of the author’s imagination or are used fictitiously. Any resemblance to actual persons, living or dead, events or locales is entirely coincidental.” These may be the most truly fictional words in the entire book. Its judicial characters are recognizable as versions of real judges, including, among others, …


Beware Of Judging A Book Just By Its Cover: Are The German Rules Of Civil Procedure, In Their Practical Application, Really As Capable To Facilitate A Speedy And Fair Trial As One Might Think?, Julia Prahl Jan 2016

Beware Of Judging A Book Just By Its Cover: Are The German Rules Of Civil Procedure, In Their Practical Application, Really As Capable To Facilitate A Speedy And Fair Trial As One Might Think?, Julia Prahl

Duke Law Master of Judicial Studies Theses

No abstract provided.


Are We Insane? The Quest For Proportionality In The Discovery Rules Of The Federal Rules Of Civil Procedure, Paul W. Grimm Jan 2016

Are We Insane? The Quest For Proportionality In The Discovery Rules Of The Federal Rules Of Civil Procedure, Paul W. Grimm

Duke Law Master of Judicial Studies Theses

No abstract provided.


What Judges Say And Do In Deciding National Security Cases: The Example Of The State Secrets Privilege, Anthony John Trenga Jan 2016

What Judges Say And Do In Deciding National Security Cases: The Example Of The State Secrets Privilege, Anthony John Trenga

Duke Law Master of Judicial Studies Theses

From the criminal trial of Aaron Burr on charges of treason to modern-day litigation involving the CIA, the state secrets privilege presents a thorny issue for federal judges. Judge Trenga examines the legal issues at the heart of this privilege—separation of powers, non-justiciability, evidentiary privilege, national security interests, and military secrets—and the two primary doctrinal tracks judges invoke. Then, based on interviews with thirty-one federal judges, Judge Trenga offers insights into how judges think about applying the state secrets privilege to sensitive material.


Supreme Court Of The United States, October Term 2016 Preview, Georgetown University Law Center, Supreme Court Institute Jan 2016

Supreme Court Of The United States, October Term 2016 Preview, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Judicial Challenges To The Collateral Impact Of Criminal Convictions: Is True Change In The Offing?, Nora V. Demleitner Jan 2016

Judicial Challenges To The Collateral Impact Of Criminal Convictions: Is True Change In The Offing?, Nora V. Demleitner

Scholarly Articles

Judicial opposition to disproportionate sentences and the long-term impact of criminal records is growing, at least in the Eastern District of New York. With the proliferation and harshness of collateral consequences and the hurdles in overcoming a criminal record, judges have asked for greater proportionality and improved chances for past offenders to get a fresh start. The combined impact of punitiveness and a criminal record is not only debilitating to the individual but also to their families and communities. A criminal case against a non-citizen who will be subject to deportation and a decade-long ban on reentry and three different …


Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma Jan 2016

Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma

UIC John Marshall Journal of Information Technology & Privacy Law

The end of the twentieth century brought about the system of In-formation Communication Technologies (“ICT”) which represents the start of a new era. Communication is faster and more efficient than ever before. As a result, the world is brought closer together. Our means of communication and social interactions have changed dramatically. Due to the technological communication advances, we are no longer tied to our desks to make phone calls or have to travel thousands of miles for meetings. ICT enables us to contact friends, family and business colleagues at the touch of a button whatever the time, wherever the place. …


The Call And The Response: The Call, The 1991 Open Letter From Federal Judge A. Leon Higginbotham, Jr., And The 25 Years Of Response From Justice Clarence Thomas, 49 J. Marshall L. Rev. 925 (2016), Angela Mae Kupenda Jan 2016

The Call And The Response: The Call, The 1991 Open Letter From Federal Judge A. Leon Higginbotham, Jr., And The 25 Years Of Response From Justice Clarence Thomas, 49 J. Marshall L. Rev. 925 (2016), Angela Mae Kupenda

UIC Law Review

No abstract provided.


It’S So Hard To Say Goodbye: Why Article Iii Judges Leave (Or Don’T), Johnnie Blakeney Rawlinson Jan 2016

It’S So Hard To Say Goodbye: Why Article Iii Judges Leave (Or Don’T), Johnnie Blakeney Rawlinson

Duke Law Master of Judicial Studies Theses

Thurgood Marshall famously stated: “I was appointed to a life term, and I intend to serve it.” Justice Marshall’s sentiment is in lockstep with the expressed intent of the Founding Fathers, who embedded the concept of life tenure for Article III judges into the Constitution at the time of its adoption. This paper explores the extent to which Article III judges in this era echo the sentiment expressed by Justice Marshall, and the reasons some Article III judges have elected not to serve a life term. The paper also examines whether Article III judges have gravitated toward careers in the …


Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel Jan 2016

Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.