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2003

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Articles 31 - 60 of 243

Full-Text Articles in Jurisprudence

Court Review: Volume 40, Issue 2 - Complete Issue Jul 2003

Court Review: Volume 40, Issue 2 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 40, Issue 2 - Recent Criminal Decisions Of The United States Supreme Court: The 2002-2003 Term, Charles H. Whitebread Jul 2003

Court Review: Volume 40, Issue 2 - Recent Criminal Decisions Of The United States Supreme Court: The 2002-2003 Term, Charles H. Whitebread

Court Review: Journal of the American Judges Association

In criminal cases, this term of the United States Supreme Court had several important decisions, but no landmark cases. The Court continued to favor law enforcement. One significant development was the substantial impact of section 2254(d) of the Anti-terrorism and Effective Death Penalty Act is having in closing the door of federal courts to state prisoners petitioning for the writ of habeas corpus. Here are several of the important criminal decisions decided this term.

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Court Review; Volume 40, Issue 2 - Table Of Contents Jul 2003

Court Review; Volume 40, Issue 2 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

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Factless Jurisprudence, Darren Lenard Hutchinson Jul 2003

Factless Jurisprudence, Darren Lenard Hutchinson

UF Law Faculty Publications

Professor Terry Smith has written a very important work on the inadequacy of juridical approaches to antidiscrimination law in the context of Title VII litigation. Smith argues that the anti-retaliation provisions of Title VII can serve more broadly as a mechanism for protecting workers of color from prohibited racial discrimination. Smith contends that contemporary equality jurisprudence, however, impedes the protective scope of the anti-retaliation provision because courts fail to appreciate the broader context of racial antagonism in which persons of color live. Particularly, courts often misinterpret lawful racial protest in the workplace as disruptive and appropriately regulated to the detriment …

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Arkansas's Entry Into The Not-So-New Judicial Federalism, Ka Tina R. Hodge Jul 2003

Arkansas's Entry Into The Not-So-New Judicial Federalism, Ka Tina R. Hodge

University of Arkansas at Little Rock Law Review

No abstract provided.

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Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin Jul 2003

Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin

Cardozo Journal of International and Comparative Law

The article explores the WAI 262 proceeding, a legal challenge by Maori tribes alleging breaches of the Treaty of Waitangi by New Zealand's intellectual property laws. It argues that the Crown's obligations under the Treaty require a re-evaluation of intellectual property frameworks to respect Maori self-determination and cultural rights.

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Court Review: Volume 40, Issue 2 - Editor's Note Jul 2003

Court Review: Volume 40, Issue 2 - Editor's Note

Court Review: Journal of the American Judges Association

We begin this issue by reprinting Burke’s remarks at the Rehnquist Award ceremony. Burke tries to identify the key ingredients needed to let a court fulfill its promise to the public. His list includes fairness and respect, listening and understanding, and accountability. We think you’ll find his comments of interest. We invite your response, either via a letter to the editor or a responsive essay.

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Mainstreaming Feminism In Legal Education, Catharine A. Mackinnon Jun 2003

Mainstreaming Feminism In Legal Education, Catharine A. Mackinnon

Journal of Legal Education

No abstract provided.

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Rethinking "Like A Lawyer": An Incrementalist's Proposal For First-Year Curriculum Reform, John C. Kleefeld Jun 2003

Rethinking "Like A Lawyer": An Incrementalist's Proposal For First-Year Curriculum Reform, John C. Kleefeld

Journal of Legal Education

No abstract provided.

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Letter To The Editors, Kenneth S. Gallant Jun 2003

Letter To The Editors, Kenneth S. Gallant

Journal of Legal Education

No abstract provided.

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Eugene Volokh Replies, Eugene Volokh Jun 2003

Eugene Volokh Replies, Eugene Volokh

Journal of Legal Education

No abstract provided.

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Not Thinking Like A Nonlawyer: Implications Of "Recogonization" For Legal Education, Robert J. Morris Jun 2003

Not Thinking Like A Nonlawyer: Implications Of "Recogonization" For Legal Education, Robert J. Morris

Journal of Legal Education

No abstract provided.

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Legal Indeterminacy And Institutional Design, Michael C. Dorf Jun 2003

Legal Indeterminacy And Institutional Design, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

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Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala May 2003

Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

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"Lobbying Activities" And Presidential Pardons: Will Legislators' Efforts To Amend The Lda Lead To Increasingly Hard-Lined Jurisprudence? , Kathryn L. Plemmons May 2003

"Lobbying Activities" And Presidential Pardons: Will Legislators' Efforts To Amend The Lda Lead To Increasingly Hard-Lined Jurisprudence? , Kathryn L. Plemmons

Brigham Young University Journal of Public Law

No abstract provided.

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Court Review: Volume 40, Issue 1 - Table Of Contents May 2003

Court Review: Volume 40, Issue 1 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 40, Issue 1 - A Survey Of Judges’ Knowledge And Beliefs About Eyewitness Testimony, Richard A. Wise, Martin A. Safer May 2003

Court Review: Volume 40, Issue 1 - A Survey Of Judges’ Knowledge And Beliefs About Eyewitness Testimony, Richard A. Wise, Martin A. Safer

Court Review: Journal of the American Judges Association

Forensic DNA testing suggests that potentially large numbers of innocent persons are being convicted of crimes. Case studies conducted both prior to and following the advent of DNA testing indicate that eyewitness error is at least partially responsible for the majority of wrongful convictions. Empirical research has shown which factors contribute to eyewitness error and has identified procedural changes that could be made in the criminal justice system to significantly reduce the number of erroneous eyewitness identifications.

We report the results of a brief survey of what U.S. judges know and believe about eyewitness testimony. The present survey highlights what …

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Court Review: Volume 40, Issue 1 - Editor's Note May 2003

Court Review: Volume 40, Issue 1 - Editor's Note

Court Review: Journal of the American Judges Association

The lead article in this issue gives you a chance to test your beliefs about what leads to accurate—or to mistaken—eyewitness testimony. For 14 separate propositions on which research has given relatively clear answers, researchers Richard Wise and Martin Safer summarize the conclusions of researchers in the field. They also report the results of a survey of judges that tested judicial knowledge in these 14 areas, plus a few others. Thus, a review of this article will let you compare your knowledge both to other judges and to the best research available today.

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Court Review: Volume 40, Issue 1 - President's Column, Michael R. Mcadam May 2003

Court Review: Volume 40, Issue 1 - President's Column, Michael R. Mcadam

Court Review: Journal of the American Judges Association

I’m very honored and humbled to be your President. The American Judges Association is a special organization with special attributes that no other judicial organization possesses. We are uniquely an association of judges, run by judges, for judges. And, we are uniquely an independent association of all judges. Every other judicial organization that I’m aware of has either a limited membership criterion (trial judges, Missouri judges, juvenile judges, federal judges, appellate judges, presiding judges, etc.) or it has an open membership but is controlled by someone else and is divided into impervious sections. These are all important and vital associations …

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Court Review: Volume 40, Issue 1 - Cover May 2003

Court Review: Volume 40, Issue 1 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 40, Issue 1 - Children As Witnesses: What We Hear Them Say May Not Be What They Mean, David B. Battin, Stephan J. Ceci May 2003

Court Review: Volume 40, Issue 1 - Children As Witnesses: What We Hear Them Say May Not Be What They Mean, David B. Battin, Stephan J. Ceci

Court Review: Journal of the American Judges Association

Children present a special challenge when they become participants in the legal system. Jean Piaget said that the work of a child is to play. That is the basis for most interactions between children and adults. The child plays and the consequences of that play are unimportant to adult affairs—that is, unless the child is under the age of 6 or 7 and is required to serve as a witness. In that situation the consequences of what the child says or chooses not to say can be truly significant. The special challenge for adults hearing the child’s testimony is to …

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Court Review: Volume 40, Issue 1 - Resource Page May 2003

Court Review: Volume 40, Issue 1 - Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 40, Issue 1 - Complete Issue May 2003

Court Review: Volume 40, Issue 1 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

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Appellate Courts Inside And Out, Maxwell L. Stearns May 2003

Appellate Courts Inside And Out, Maxwell L. Stearns

Michigan Law Review

While the United States Supreme Court has been the object of seemingly endless scholarly commentary, the United States Courts of Appeals are just now coming into their own as a subject of independent academic inquiry. This is an important development when one considers that the vast bulk of relevant precedents governing most federal court litigation comes not from the Supreme Court, but rather from the United States Courts of Appeals. Because relatively few courts of appeals decisions are reviewed in the Supreme Court, with rare exception, the federal circuit courts provide the functional equivalent of that Court's proverbial "last word." …

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The Unruliness Of Rules, Peter A. Alces May 2003

The Unruliness Of Rules, Peter A. Alces

Michigan Law Review

Analytical jurisprudence depends on a posited relation between rules and morality. Before we may answer persistent and important questions of legal theory - indeed, before we can even know what those questions are - we must understand not just the operation of rules but their operation in relation to morality. Once that relationship is formulated, we may then come to terms with the likes of inductive reasoning in Law, the role of precedent, and the fit, such as it is, between Natural Law and Positivism as well as even the coincidence (or lack thereof) between inclusive and exclusive positivism. That …

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Meaning's Edge, Love's Priority, Patrick Mckinley Brennan May 2003

Meaning's Edge, Love's Priority, Patrick Mckinley Brennan

Michigan Law Review

The story is told of an American wending his way through the British Museum. Reaching the Rosetta Stone, he reached right over the railing, touched the scarred slab, and lamented: "It doesn't feel meaningful." Whereupon an old Briton was heard to mumble: "The poor American's got this old thing confused with the Blarney Stone." A bully presses his case, but meaning is much more modest. Powerless to insist upon itself, meaning lies in wait of discovery. What distinguishes the Rosetta Stone from other rocks of the same kind and size is that it was someone's - or rather a group's …

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The Politicization Of Clarence Thomas, Jagan Nicholas Ranjan May 2003

The Politicization Of Clarence Thomas, Jagan Nicholas Ranjan

Michigan Law Review

Perception often shapes memory. In particular, the way one perceives a noteworthy public figure often shapes that figure's historical legacy. For example, history largely remembers John Coltrane as one of the greatest jazz saxophone players of our time. His improvisational skill, innovative style, and mastery over his instrument all serve to classify him in the public memory as the ultimate jazz performer. Yet, as the example of Coltrane might demonstrate, perception is unjustly deficient. Coltrane was not merely a great saxophone player; he was first and foremost a religious figure whose spirituality drove his creativity and manifested itself in prayerful …

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Brady Behind Bars: The Prosecutor's Disclosure Obligations Regarding Dna In The Post-Conviction Arena, Brian T. Kohn May 2003

Brady Behind Bars: The Prosecutor's Disclosure Obligations Regarding Dna In The Post-Conviction Arena, Brian T. Kohn

Cardozo Public Law, Policy & Ethics Journal

The article argues that the constitutional obligation of prosecutors to disclose exculpatory evidence, as established by Brady v. Maryland and its progeny, extends beyond a defendant's conviction and applies to postconviction DNA testing requests. It asserts that denying access to such testing violates both constitutional rights and the ethical duties of prosecutors, who are tasked with seeking justice rather than merely securing convictions. The analysis highlights the conflict in federal courts regarding the applicability of Brady to postconviction DNA testing and advocates for a broader interpretation of the doctrine to ensure innocence is not wrongly imprisoned.

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Meditating Comparisons, Or The Question Of Comparative Law, Igor Stramignoni May 2003

Meditating Comparisons, Or The Question Of Comparative Law, Igor Stramignoni

San Diego International Law Journal

Many today claim that, after WWII, the fall of the Berlin wall and, now, September 11, 2001, the changing nature of nation states, democracy, and the law can no longer be sensibly ignored. How can comparative law contribute to such an important debate? In what follows, it is argued that one way to contribute to the debate over the changing nature of nation states, democracy, and the law would be to engage in poetic comparisons of law's many domains. What, then, are poetic comparisons of law, and what do they invite us to do? Learning from Martin Heidegger's life-long advocacy …

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The Unique Jurisprudence Of Letters Of Credit: Its Origin And Sources, Gao Xiang, Ross P. Buckley May 2003

The Unique Jurisprudence Of Letters Of Credit: Its Origin And Sources, Gao Xiang, Ross P. Buckley

San Diego International Law Journal

This Article seeks to illumine the legal nature of the letter of credit instrument, and catalogue the various sources of law and rules that can govern it; and, by doing so, render a service to those who must quickly come to grips with letter of credit law. The Article is in two parts. The first part examines the legal nature of the letter of credit by looking at its definition, operation, and history and by comparing it with negotiable instruments and contracts. The second part considers the rules, customs, and regulations governing letters of credit and introduces the two fundamental …

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