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Articles 301 - 330 of 401
Full-Text Articles in Legal Remedies
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Seattle Journal for Social Justice
No abstract provided.
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Seattle Journal for Social Justice
No abstract provided.
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Seattle Journal for Social Justice
No abstract provided.
North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo
North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo
Faculty Publications By Year
No abstract provided.
The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Sanction Provision Of The New California Civil Discovery Act, Section 2023: Will It Make A Difference Or Is It Just Another "Paper Tiger"? , Timothy Michael Donovan
The Sanction Provision Of The New California Civil Discovery Act, Section 2023: Will It Make A Difference Or Is It Just Another "Paper Tiger"? , Timothy Michael Donovan
Pepperdine Law Review
No abstract provided.
The Offender And The Victim, Edward Tromanhauser
The Offender And The Victim, Edward Tromanhauser
Pepperdine Law Review
No abstract provided.
Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter
Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter
Pepperdine Law Review
No abstract provided.
Emerging Issues In Victim Assistance, Marlene A. Young
Emerging Issues In Victim Assistance, Marlene A. Young
Pepperdine Law Review
No abstract provided.
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Pepperdine Law Review
No abstract provided.
The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry
The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry
Pepperdine Law Review
No abstract provided.
Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson
Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson
Pepperdine Law Review
No abstract provided.
Introduction, Ronald F. Phillips
Restoring Restitution To The Canon, Douglas Laycock
Restoring Restitution To The Canon, Douglas Laycock
Michigan Law Review
The Restatement (Third) of Restitution and Unjust Enrichment brings clarity and light to an area of law long shrouded in fogs that linger from an earlier era of the legal system. It makes an important body of law once again accessible to lawyers and judges. This new Restatement should be on every litigator's bookshelf, and a broad set of transactional lawyers and legal academics would also do well to become familiar with it. Credit for this Restatement goes to its Reporter, Professor Andrew Kull. Of course his work benefited from the elaborate processes of the American Law Institute, with every …
Economical Litigation Agreements: The "Civil Litigation Prenup" Need, Basis, And Enforceability , Daniel B. Winslow, Alexandra Bedell-Healy
Economical Litigation Agreements: The "Civil Litigation Prenup" Need, Basis, And Enforceability , Daniel B. Winslow, Alexandra Bedell-Healy
Pepperdine Dispute Resolution Law Journal
This article identifies the basis and limits of the parties' abilities to define and enforce discovery in an ex ante contract. Despite the deficiencies of litigation, the free, public dispute resolution forum of the civil justice system provides significant value in commercial disputes. That value can be used to maximum mutual advantage only if parties replace the infinite discovery permitted in conventional litigation with the finite discovery contracted in Economical Litigation Agreement (ELA) litigation. This article will help parties to understand the benefit and enforceability of the ELA.
Teaching The Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, A Defining Features Matrix, Games, And An Exercise Based On Grievances Filed Against Florida Mediators , Paula M. Young
Pepperdine Dispute Resolution Law Journal
Teaching Professional Ethics to Lawyers and Mediators Using Active Learning Techniques will serve as the first article in a series of articles I have planned on the use of active learning techniques to teach the core values of mediation: mediator impartiality, party self-determination, confidentiality, and quality of the process/mediator competence. This article is the second article in that series. In Section III, I summarize the first article in the series. In Section IV, I describe the role of mediator impartiality as a core value of the mediation field. I evaluate the definitions of mediation found in several ethics codes as …
Lyondell: A Note Of Approbation, William W. Bratton
Lyondell: A Note Of Approbation, William W. Bratton
NYLS Law Review
No abstract provided.
Law, Politics, And The Erosion Of Legitimacy In The Delaware Courts, Kent Greenfield
Law, Politics, And The Erosion Of Legitimacy In The Delaware Courts, Kent Greenfield
NYLS Law Review
No abstract provided.
The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson
The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson
NYLS Law Review
No abstract provided.
Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms, Mae Kuykendall
Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms, Mae Kuykendall
NYLS Law Review
No abstract provided.
Short Selling And The News: A Preliminary Report On An Empirical Study, Merritt B. Fox, Lawrence R. Glosten, Paul C. Tetlock
Short Selling And The News: A Preliminary Report On An Empirical Study, Merritt B. Fox, Lawrence R. Glosten, Paul C. Tetlock
NYLS Law Review
No abstract provided.
Margae, Inc. V. Clear Link Technologies, Jonathan Goodman
Margae, Inc. V. Clear Link Technologies, Jonathan Goodman
NYLS Law Review
No abstract provided.
Protecting Cultural Heritage In Armed Conflict: Looking Back, Looking Forward, Patty Gerstenblith
Protecting Cultural Heritage In Armed Conflict: Looking Back, Looking Forward, Patty Gerstenblith
Cardozo Public Law, Policy & Ethics Journal
The article argues that the destruction and looting of cultural property during armed conflicts, as exemplified by the 2003 Gulf War and its aftermath, highlight the urgent need for stronger enforcement of international legal frameworks, particularly the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict. The failure of the United States to ratify this convention undermines global efforts to protect cultural heritage, despite the U.S. military already adhering to some of its principles through other legal frameworks. The article advocates for U.S. ratification of both the 1954 Hague Convention and its protocols to …
The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh
The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh
Michigan Law Review
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English …
Questioning The Political Question Doctrine: Inconsistent Applications In Reparations And Alien Tort Claims Act Litigation, Shelley Buchanan
Questioning The Political Question Doctrine: Inconsistent Applications In Reparations And Alien Tort Claims Act Litigation, Shelley Buchanan
Cardozo Journal of International and Comparative Law
The note argues that while transnational public law litigants have successfully used U.S. courts to address human rights violations under the Alien Tort Claims Act (ATCA), African American reparations claims for slavery have been systematically dismissed on procedural grounds, particularly under the political question doctrine. This disparity highlights the inconsistent application of the doctrine, with recent ATCA cases narrowing its scope, while African American slave redress cases continue to face strict dismissal. The note advocates for a more consistent application of the political question doctrine across all human rights litigation, including slave redress, to ensure fairness and maintain the U.S. …
Institutional Legitimacy And Counterterrorism Trials, Gregory S. Mcneal
Institutional Legitimacy And Counterterrorism Trials, Gregory S. Mcneal
University of Richmond Law Review
No abstract provided.
The Story Of Bivens V. Six Unknown-Named Agents Of The Federal Bureau Of Narcotics, James E. Pfander
The Story Of Bivens V. Six Unknown-Named Agents Of The Federal Bureau Of Narcotics, James E. Pfander
Faculty Working Papers
In Bivens v. Six Unknown-Named Agents of the Federal Bureau of Narcotics, the Supreme Court recognized the right of an individual to sue federal government officials for a violation of constitutional rights. Drawing on interviews with some of the participants, including Webster Bivens himself and one of the agents who conducted the search, this chapter in the forthcoming book Federal Courts' Stories describes the events that led to the litigation and the complex array of factors that informed the Court's approach to the case. After placing the Bivens decision in context, the chapter evaluates the competing narratives that have grown …
International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan
International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan
NYLS Law Review
No abstract provided.
The Appropriations Power And Sovereign Immunity, Paul F. Figley
The Appropriations Power And Sovereign Immunity, Paul F. Figley
Scholarly Articles in Law Reviews & Journals
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence - or nonexistence - of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers’ Case (1690–1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the …
In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier
In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier
NYLS Law Review
No abstract provided.