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Articles 151 - 180 of 268
Full-Text Articles in Jurisprudence
An Excuse-Centered Approach To Transitional Justice, David C. Gray
An Excuse-Centered Approach To Transitional Justice, David C. Gray
Faculty Scholarship
Transitional justice asks what successor regimes, committed to human rights and the rule of law, can and should do to seek justice for atrocities perpetrated by and under their predecessors. The normal instinct is to prosecute criminally everyone implicated in past wrongs; but practical conditions in transitions make this impossible. As a result, most transitions pursue hybrid approaches, featuring prosecutions of those most responsible, amnesties, truth commissions, and reparations. This approach is often condemned as a compromise against justice. This article advances a transitional jurisprudence that justifies the hybrid approach by taking normative account of the unique conditions that define …
The Best Kept Secret In The Law: How To Get Paid To Live On A Tropical Island, Michael J. Keyser
The Best Kept Secret In The Law: How To Get Paid To Live On A Tropical Island, Michael J. Keyser
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow
Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow
Law Faculty Scholarship
Copyright laws are written and enforced to help certain groups of people assert and retain control over the resources generated by creative productivity. Because those people are predominantly male, the copyright infrastructure plays a role, largely unexamined by legal scholars, in helping to sustain the material and economic inequality between women and men. This essay considers some of the ways in which gender issues and copyright laws intersect, proposes a feminist critique of the copyright legal regime which advocates low levels of copyright protections, and asserts the importance of considering the social and economic disparities between women and men when …
The Hybrid Class Action As Judicial Spork: Managing Individual Rights In A Stew Of Common Wrong, 39 J. Marshall L. Rev. 231 (2006), Jon Romberg
UIC Law Review
No abstract provided.
The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring
The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring
UIC Law Review
No abstract provided.
Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield
Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield
UIC Law Review
No abstract provided.
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
UIC Law Review
No abstract provided.
"For It's One, Two, Three Strikes, You're Out . . .", 39 J. Marshall L. Rev. 493 (2006), Kaycee Hopwood
"For It's One, Two, Three Strikes, You're Out . . .", 39 J. Marshall L. Rev. 493 (2006), Kaycee Hopwood
UIC Law Review
No abstract provided.
Manson V. Brathwaite: The Supreme Court's Misunderstanding Of Eyewitness Identification, 39 J. Marshall L. Rev. 539 (2006), Ruth Yacona
UIC Law Review
No abstract provided.
Should The Securities Exchange Act Be The Sole Federal Remedy For An Erisa Fiduciary Misrepresentation Of The Value Of Public Employer Stock?, 39 J. Marshall L. Rev. 637 (2006), Mark Casciari, Ian Morrison
Should The Securities Exchange Act Be The Sole Federal Remedy For An Erisa Fiduciary Misrepresentation Of The Value Of Public Employer Stock?, 39 J. Marshall L. Rev. 637 (2006), Mark Casciari, Ian Morrison
UIC Law Review
No abstract provided.
Resolving The Judicial Paradox Of "Equitable" Relief Under Erisa Section 502(A)(3), 39 J. Marshall L. Rev. 827 (2006), Colleen E. Medill
Resolving The Judicial Paradox Of "Equitable" Relief Under Erisa Section 502(A)(3), 39 J. Marshall L. Rev. 827 (2006), Colleen E. Medill
UIC Law Review
No abstract provided.
Adjudicated On The Merits?: Why The Aedpa Requires State Courts To Exhibit Their Reasoning, 39 J. Marshall L. Rev. 995 (2006), Ezra Spilke
UIC Law Review
No abstract provided.
Negligent Infliction Of Emotional Distress: Recovery Is Foreseeable, 39 J. Marshall L. Rev. 1019 (2006), Jeffrey Hoskins
Negligent Infliction Of Emotional Distress: Recovery Is Foreseeable, 39 J. Marshall L. Rev. 1019 (2006), Jeffrey Hoskins
UIC Law Review
No abstract provided.
The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy
The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy
UIC Law Review
No abstract provided.
Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner
Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner
UIC Law Review
No abstract provided.
Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys
Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys
UIC Law Review
No abstract provided.
The Framers' Idea Of Marriage And Family, David F. Forte
The Framers' Idea Of Marriage And Family, David F. Forte
Law Faculty Contributions to Books
The founders understood the symbiotic connection between family virtues and civic virtues. They knew it through their study of the classics, through their imbibing of the Scottish enlightenment, through their understanding of the providential nature of the Judeo-Christian God, through their familiarity with self-governing liberty, and through their utter respect of their own human experience of living. They looked upon the family as a model in which man’s selfish impulses would be contained, where the coordination of practical tasks could be effectuated, and where sentiments of affection and mutual respect could bind a people into a nation. It was the …
"Sufficient" Capacity: The Contrasting Capacity Requirements For Different Documents, Mary F. Radford, Lawrence A. Frolik
"Sufficient" Capacity: The Contrasting Capacity Requirements For Different Documents, Mary F. Radford, Lawrence A. Frolik
Faculty Publications By Year
In Anglo-American law, the concept of mental "capacity" is used to measure the degree to which an individual has the "mental ability to understand the nature and effects of one's acts" as determined by a medical or cognitive assessment of an individual's mental ability. Based on an individual's mental capacity, the law decides whether the individual had sufficient capacity to engage in the action in question. The legal concept of mental capacity, therefore, is the basis for "when a state legitimately may take action to limit an individual's rights to make decisions about his or her own person or property." …
Court Review: Volume 43, Issue 2 – Editor’S Note, Alan J. Tomkins
Court Review: Volume 43, Issue 2 – Editor’S Note, Alan J. Tomkins
Court Review: Journal of the American Judges Association
My inaugural issue of Court Review contains articles examining judicial selection, retention, and independence. Public scrutiny of the courts is especially complicated. On the one hand, democratic theory supports a role for the citizenry in judging judges: Governmental transparency, accountability, and public input into governmental policy-making are important principles for strong, democratic public institutions. On the other hand, it seems counterproductive to have the third branch undergo the same kinds of inspections that officials elected to the executive and legislative branches of government undergo. Judges are supposed to operate independently and impartially, not looking over their shoulder when they rule …
Court Review: Volume 43, Issue 2 – Cover
Court Review: Volume 43, Issue 2 – Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 43, Issue 2
Court Review: Volume 43, Issue 2
Court Review: Journal of the American Judges Association
Judges vs. Juries by Brian H. Bornstein
Thoughts About Enriching Judicial Independence by Improving the Retention Vote Phase of Appointive Selection Systems by Hon. John F. Irwin and Daniel L. Real
Judicial Reform in Texas: A Look Back After Two Decades by Anthony Champagne
Appointive Selection of Judges, Limited-Jurisdiction Courts with Non-Lawyer Judiciaries, and Judicial Independence by Norman L. Greene
The Legislatures, the Ballot Boxes, and the Courts by William E. Raftery
Editor’s Note
President’s Column
The Resource Page
Court Review: Volume 43, Issue 2 – Table Of Contents
Court Review: Volume 43, Issue 2 – Table Of Contents
Court Review: Journal of the American Judges Association
Judges vs. Juries by Brian H. Bornstein
Thoughts About Enriching Judicial Independence by Improving the Retention Vote Phase of Appointive Selection Systems by Hon. John F. Irwin and Daniel L. Real
Judicial Reform in Texas: A Look Back After Two Decades by Anthony Champagne
Appointive Selection of Judges, Limited-Jurisdiction Courts with Non-Lawyer Judiciaries, and Judicial Independence by Norman L. Greene
The Legislatures, the Ballot Boxes, and the Courts by William E. Raftery
Editor’s Note
President’s Column
The Resource Page
Court Review: Volume 43, Issue 2 – Judges Vs. Juries, Brian H. Bornstein
Court Review: Volume 43, Issue 2 – Judges Vs. Juries, Brian H. Bornstein
Court Review: Journal of the American Judges Association
This article introduces a new feature for Court Review, “Social Science Research for (and in) the Courts,” the purpose of which is to summarize recent research on social science topics that judges might encounter. Social science research has a long-standing, and sometimes tense, relationship with the law. Nonetheless, there are signs that the courts’ receptivity to social science research is growing. The fields of psychology and the law and economics and the law have expanded considerably in the last 20 or so years. Because judges are increasingly likely to encounter social science issues, the goal of these columns is to …
Thoughts About Enriching Judicial Independence By Improving The Retention Vote Phase Of Appointive Selection Systems, Jon F. Irwin, Daniel Real
Thoughts About Enriching Judicial Independence By Improving The Retention Vote Phase Of Appointive Selection Systems, Jon F. Irwin, Daniel Real
Court Review: Journal of the American Judges Association
In August 1979, Time magazine featured an article titled, “Judging the Judges.” In that article, nearly 30 years ago, was a discussion about a number of problems facing the judiciary as well as a discussion about potential reforms to address the problems. One of the problems discussed at some length was public perception that the judiciary lacked sufficient impartiality. While recognizing the emergence of judicial discipline systems to address partiality problems of sitting judges, the article also noted “a convincing argument for getting better judges to begin with.” The article also recognized that, at that time, “half the states [had] …
Court Review: Volume 43, Issue 2 – The Resource Page
Court Review: Volume 43, Issue 2 – The Resource Page
Court Review: Journal of the American Judges Association
Websites
Publications
Court Review: Volume 43, Issue 2 – The Legislatures, The Ballot Boxes, And The Courts, William Raftery
Court Review: Volume 43, Issue 2 – The Legislatures, The Ballot Boxes, And The Courts, William Raftery
Court Review: Journal of the American Judges Association
As a separation-of-powers matter, the nation’s framers and their state counterparts placed some distance between the legislative and judiciary branches so that each might better serve the people. Of course, the separation between the two branches has not prevented legislation impacting the courts year in and year out, much of which could reasonably be described as changes that potentially infringe on the independence, fairness, and impartiality of the courts. (I term these “attacks on the courts.”) Moreover, the issue has been compounded lately by a series of efforts in initiative and referendum states to achieve by the ballot box what …
Court Review: Volume 43, Issue 2 – President’S Column, Steve Leben
Court Review: Volume 43, Issue 2 – President’S Column, Steve Leben
Court Review: Journal of the American Judges Association
By the time you read this, Eileen Olds will have been busy working as the American Judges Association's president for some time. That means two things for me. First, I’ll no longer be on the treadmill-like travel schedule that accompanies that office. Second, I’ll be back at work as the editor of Court Review, getting its publication schedule back on track.
But before relinquishing this space, allow me a few moments to talk about the AJA and its work over the past year.
Like most professional associations, our potential is hindered a bit by the one-year term of our …
Court Review: Volume 43, Issue 2 – Judicial Reform In Texas: A Look Back After Two Decades, Anthony Champagne
Court Review: Volume 43, Issue 2 – Judicial Reform In Texas: A Look Back After Two Decades, Anthony Champagne
Court Review: Journal of the American Judges Association
One of the most frequently quoted comments on judicial reform is the late New Jersey Chief Justice Arthur T. Vanderbilt’s remark, “Judicial reform is not for the short-winded.” Vanderbilt’s remark illustrates a key point about judicial selection reform. Reforms do not occur simply because someone or some group in a state decides that change in the system of selection is desirable; rather, it is necessary for key interest groups in the judicial politics of a state to reach a sufficient political consensus that change can occur. A variety of factors may lead to such a consensus on the need for …
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
UIC Law Review
No abstract provided.
Developing Trends With The Class Action Fairness Act Of 2005, 40 J. Marshall L. Rev. 115 (2006), Steven M. Puiszis
Developing Trends With The Class Action Fairness Act Of 2005, 40 J. Marshall L. Rev. 115 (2006), Steven M. Puiszis
UIC Law Review
No abstract provided.