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Articles 31 - 60 of 197
Full-Text Articles in Jurisprudence
The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown
The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown
Washington and Lee Law Review
No abstract provided.
Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman
Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman
Washington and Lee Law Review
No abstract provided.
How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright
How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright
Washington and Lee Law Review
No abstract provided.
No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan
No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan
Faculty Works
No abstract provided.
Hegel's Theory Of Quantity, David Gray Carlson
Hegel's Theory Of Quantity, David Gray Carlson
Cardozo Law Review
No abstract provided.
Child Pornography In A Virtual World: The Continued Battle To Preserve The Child Pornography Prevention Act Of 1996, Vincent Mccarthy
Child Pornography In A Virtual World: The Continued Battle To Preserve The Child Pornography Prevention Act Of 1996, Vincent Mccarthy
Cardozo Law Review
No abstract provided.
Digitized Pornography Meets The First Amendment, Eric M. Freedman
Digitized Pornography Meets The First Amendment, Eric M. Freedman
Cardozo Law Review
No abstract provided.
Productive Silence On Carl Schmitt: Constrained Ignorance Or Concluded Reappraisal? A Reply To Detlev F. Vagts, Carl Schmitt In Context: Reflections On A Symposium, Emanuel Richter
Cardozo Law Review
No abstract provided.
Court Review: Volume 39, Issue 2 - The Parenting Of Men Who Batter, Lundy Bancroft
Court Review: Volume 39, Issue 2 - The Parenting Of Men Who Batter, Lundy Bancroft
Court Review: Journal of the American Judges Association
The published research on children’s exposure to domestic violence focuses largely on two aspects of their experience: the trauma of witnessing physical assaults against their mother, and the tension produced by living with a high level of conflict between their parents. As important as these factors are, they reflect only one aspect of many complex problems that typically pervade the children’s daily lives. The bulk of these difficulties have their roots in the fact that the children are living with a batterer present in their home. The parenting characteristics commonly observed in batterers have implications for the children’s emotional and …
Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein
Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein
Faculty Scholarship
No abstract provided.
Court Review: Volume 39, Issue 2 - Screening For Domestic Violence: Meeting The Challenge Of Identifying Domestic Relations Cases Involving Domestic Violence And Developing Strategies For Those Cases, Julie Kunce Field
Court Review: Journal of the American Judges Association
Domestic abuse is common. It includes emotional and psychological abuse as well as physical assaults. Children are harmed by it, even if they are not the direct victims of the physical violence. Because domestic abuse is so prevalent and its effects are so far-reaching, court personnel must educate themselves to understand domestic violence and determine strategies for handling cases where it is present. Even if domestic violence is present but does not seem to have a direct impact on the case at hand, one should be aware of the power and control dynamics of domestic abuse to provide effective intervention …
Court Review: Volume 39, Issue 2 - Cover
Court Review: Volume 39, Issue 2 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 2 - Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane H. Aiken, Jane C. Murphy
Court Review: Volume 39, Issue 2 - Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane H. Aiken, Jane C. Murphy
Court Review: Journal of the American Judges Association
New laws and policies aimed at protecting victims of domestic violence have been adopted across the country throughout the last twenty years. The legal approaches taken to protect battered women and control family violence have brought about significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent’s fitness by considering past acts of violence to other family members results in …
Court Review: Volume 39, Issue 2 - Firearms And Domestic Violence: A Primer For Judges, Darren Mitchell, Susan B. Carbon
Court Review: Volume 39, Issue 2 - Firearms And Domestic Violence: A Primer For Judges, Darren Mitchell, Susan B. Carbon
Court Review: Journal of the American Judges Association
Firearms and domestic violence are a deadly combination. As the examples on the following page show, abusers who gain access to firearms pose a lethal threat both to those they have abused and to the wider community. Even where laws exist to disarm abusers and prevent them from purchasing new firearms, absent effective implementation of the laws—by judges, as well as by others in the civil and criminal justice system— survivors of domestic violence and the broader community continue to remain at risk of death or serious injury.
Court Review: Volume 39, Issue 2 - Complete Issue
Court Review: Volume 39, Issue 2 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 2 - President's Column, Francis X. Halligan Jr.
Court Review: Volume 39, Issue 2 - President's Column, Francis X. Halligan Jr.
Court Review: Journal of the American Judges Association
I have chosen for my initial column a topic that is of importance to all judges, regardless of jurisdiction or locality, yet is often ignored—courtroom and personal security. Given the domestic violence theme of this issue and the special security concerns involving courtrooms that conduct hearings involving domestic violence and family matters, I thought that this subject matter was most appropriate. I have been interested in courtroom security for many years, due to my law enforcement background, having served as a police officer in Washington, D.C., and in New Jersey. Given the limited space I have for this column, I …
Court Review: Volume 39, Issue 2 - Table Of Contents
Court Review: Volume 39, Issue 2 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 2 - Making A Difference: Tools To Help Judges Support The Healing Of Children Exposed To Domestic Violence, Lavita Nadkarni, Barbara Zeek Shaw
Court Review: Volume 39, Issue 2 - Making A Difference: Tools To Help Judges Support The Healing Of Children Exposed To Domestic Violence, Lavita Nadkarni, Barbara Zeek Shaw
Court Review: Journal of the American Judges Association
Domestic violence has emerged from the privacy of one’s own home, where only the victims were aware of the abuse, to more public domains, where one can witness the impact of such abuse on society through our court system. Judges, in both the civil and criminal arenas, exercise considerable power in instituting a wide range of possible dispositions in cases involving domestic violence. The Family Violence Prevention Fund’s National Judicial Education Advisory Committee concluded that judges made the most significant decisions affecting the lives of victims, abusers, and their children. Judges can also play a significant role in shaping society’s …
Court Review: Volume 39, Issue 2 - Editor's Note
Court Review: Volume 39, Issue 2 - Editor's Note
Court Review: Journal of the American Judges Association
Domestic violence is a subject about which judges need good initial education and continuing refresher courses. Quite simply, there is much about it that is counterintuitive. Why does a woman who is physically and mentally abused day after day, week after week, stay with the abuser? For most of us, the answer is neither self-evident nor a part of our personal life experience. Yet there is a large—and growing—body of good research in the area.
Court Review: Volume 39, Issue 2 - The Resource Page: Focus On Domestic Violence
Court Review: Volume 39, Issue 2 - The Resource Page: Focus On Domestic Violence
Court Review: Journal of the American Judges Association
No abstract provided.
United States V. Drayton: Supreme Court Upholds Standards For Police Conduct During Bus Searches, Andera K. Mitchell
United States V. Drayton: Supreme Court Upholds Standards For Police Conduct During Bus Searches, Andera K. Mitchell
American University Law Review
No abstract provided.
Festo: A Case Contravening The Convergence Of Doctrine Of Equivalents Jurisprudence In Germany, The United Kingdom, And The United States, Katherine E. White
Festo: A Case Contravening The Convergence Of Doctrine Of Equivalents Jurisprudence In Germany, The United Kingdom, And The United States, Katherine E. White
Michigan Telecommunications & Technology Law Review
Despite differences in patent law jurisprudence in Germany, the United Kingdom and the United States, the fundamental principles underlying each system serve the same basic purpose: to encourage technological innovation and dissemination of knowledge. In granting exclusive patent rights, it is important that the scope of patent protection not be so broad as to remove existing knowledge from the public domain. The scope of protection should strike a balance between granting adequate patent rights while preserving the public's ownership in the public domain or the prior art. To encourage innovation patentees must attain significant exclusive rights, while potential infringers receive …
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
University of Michigan Journal of Law Reform
In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability for supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the …
Euclid Lives: The Survival Of Progressive Jurisprudence, Charles M. Haara, Michael Allan Wolf
Euclid Lives: The Survival Of Progressive Jurisprudence, Charles M. Haara, Michael Allan Wolf
UF Law Faculty Publications
The Supreme Court's expanded use of regulatory takings is making a highly controversial and confusing concept more difficult to apply and defend. The Court and commentators are invited to explore a different approach-- Progressive jurisprudence, as represented by the Court's enduring opinion in Village of Euclid v. Ambler Realty Co . This Commentary examines the reinvigoration of the Takings Clause and, in historical and ideological terms, discusses the Progressiveness of Euclid and of the regulatory scheme the Euclid Court approved. Professors Haar and Wolf identify and explore five inquiries concerning the character of regulations affecting the use, ownership, and value …
Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick
Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick
Washington and Lee Law Review
No abstract provided.
Unsheathing Alexander's Sword: Lapides V. Board Of Regents Of The University System Of Georgia, Eric S. Johnson
Unsheathing Alexander's Sword: Lapides V. Board Of Regents Of The University System Of Georgia, Eric S. Johnson
American University Law Review
No abstract provided.
A Study In Judicial Sleight Of Hand: Did Geier V. American Honda Motor Co. Eradicate The Presumption Against Preemption?, Susan Raeker-Jordan
A Study In Judicial Sleight Of Hand: Did Geier V. American Honda Motor Co. Eradicate The Presumption Against Preemption?, Susan Raeker-Jordan
Brigham Young University Journal of Public Law
No abstract provided.
The Concept Of Equality In Civil Procedure, William B. Rubenstein
The Concept Of Equality In Civil Procedure, William B. Rubenstein
Cardozo Law Review
No abstract provided.
Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross
Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross
Cardozo Law Review
No abstract provided.
How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw Jr.
How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw Jr.
Michigan Law Review
Bismarck famously remarked: "Laws are like sausages. It's better not to see them being made." This witticism applies with peculiar force to constitutional law. Judges and commentators examine the sausage (the Supreme Court's doctrine), but ignore the messy details of its production. Maxwell Stearns has demonstrated, with brilliant originality, that the Court fashions constitutional law through process-based rules of decision such as outcome voting, stare decisis, and justiciability. Employing "social choice" economic theory, Professor Stearns argues that the Court, like all multimember decisionmaking bodies, strives to formulate rules that promote both rationality and fairness (p. 4). Viewed through the lens …