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Articles 361 - 390 of 435
Full-Text Articles in Legal Writing and Research
Words To The Wise: David C. Frederick's Supreme Court And Appellate Advocacy, Mark R. Kravitz
Words To The Wise: David C. Frederick's Supreme Court And Appellate Advocacy, Mark R. Kravitz
The Journal of Appellate Practice and Process
No abstract provided.
No-Citation Rules Under Siege: A Battlefield Report And Analysis, Stephen R. Barnett
No-Citation Rules Under Siege: A Battlefield Report And Analysis, Stephen R. Barnett
The Journal of Appellate Practice and Process
No abstract provided.
Fundamentals Of Preparing A United States Supreme Court Amicus Brief, Dan Schweitzer
Fundamentals Of Preparing A United States Supreme Court Amicus Brief, Dan Schweitzer
The Journal of Appellate Practice and Process
No abstract provided.
Legislating Chevron, Elizabeth Garrett
Legislating Chevron, Elizabeth Garrett
Michigan Law Review
One of the most significant administrative law cases, Chevron v. Natural Resources Defense Council, lnc., is routinely referred to as the "counter-Marbury." The reference suggests that Chevron's command to courts to defer to certain reasonable agency interpretations of statutes is superficially an uneasy fit with the declaration in Marbury v. Madison that "[i]t is emphatically the province and duty of the judicial department to say what the law is." According to the consensus view, Chevron deference is consistent with Marbury, as long as Congress has delegated to agencies the power to make policy by interpreting ambiguous statutory language or filling …
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Michigan Law Review
Cass Sunstein and Adrian Vermeule argue in Interpretation and lnstitutions that judicial interpretation of statutes and constitutions should take account both of the institutional framework within which interpretation takes place and of the consequences of different styles of interpretation; they further argue that this point has been neglected by previous scholars. The first half of the thesis is correct but obvious; the second half, which the authors state in terms emphatic to the point of being immodest, is incorrect. Moreover, the authors offer no feasible suggestions for how the relation between interpretation and the institutional framework might be studied better …
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Michigan Law Review
Suppose that a statute, enacted several decades ago, bans the introduction of any color additive in food if that additive "causes cancer" in human beings or animals. Suppose that new technologies, able to detect low-level carcinogens, have shown that many potential additives cause cancer, even though the statistical risk is often tiny - akin to the risk of eating two peanuts with governmentally-permitted levels of aflatoxins. Suppose, finally, that a company seeks to introduce a certain color additive into food, acknowledging that the additive causes cancer, but urging that the risk is infinitesimal, and that if the statutory barrier were …
Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrien Vermeule
Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrien Vermeule
Michigan Law Review
In law, problems of interpretation can be explored at different levels of generality. At the most specific level, people might urge that the Equal Protection Clause forbids affirmative action, or that the Food and Drug Act applies to tobacco products. At a higher level of generality, people might argue that the Equal Protection Clause should be interpreted in accordance with the original understanding of its ratifiers, or that the meaning of the Food and Drug Act should be settled with careful attention to its legislative history. At a still higher level of generality, people might identify the considerations that bear …
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
UF Law Faculty Publications
In France, Justice Jackson's question about where to look for the meaning of a statute would be phrased in broader terms and would not be limited to the question of whether to look only at the words of a statute or also at the legislative intent. French law starts from the premise that statutes and codes are the foundations of the legal system in the same way that cases are the foundation of the common-law system. Because of the primacy of written law in France, statutory interpretation lies at the heart of French law. Statutory interpretation is very flexible, and …
The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills
The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills
NYLS Law Review
No abstract provided.
From Anastasoff To Hart To West's Federal Appendix: The Ground Shifts Under No-Citation Rules, Stephen R. Barnett
From Anastasoff To Hart To West's Federal Appendix: The Ground Shifts Under No-Citation Rules, Stephen R. Barnett
The Journal of Appellate Practice and Process
No abstract provided.
Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird
Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird
The Journal of Appellate Practice and Process
No abstract provided.
The Inside Scoop: What Federal Judges Really Think About The Way Lawyers Write, Kristen Konrad Robbins-Tiscione
The Inside Scoop: What Federal Judges Really Think About The Way Lawyers Write, Kristen Konrad Robbins-Tiscione
Georgetown Law Faculty Publications and Other Works
A recent survey indicates that what troubles federal judges most is not what lawyers say but what they fail to say when writing briefs. Although lawyers do a good job articulating legal issues and citing controlling, relevant legal authority, they are not doing enough with the law itself. Only fifty-six percent of the judges surveyed said that lawyers “always” or “usually” make their client’s best arguments. Fifty-eight percent of the judges rated the quality of the legal analysis as just “good,” as opposed to “excellent” or “very good.” The problem seems to be that briefs lack rigorous analysis, and the …
Federal And State Court Rules Governing Publication And Citation Of Opinions, Melissa M. Serfass, Jessie L. Cranford
Federal And State Court Rules Governing Publication And Citation Of Opinions, Melissa M. Serfass, Jessie L. Cranford
The Journal of Appellate Practice and Process
Many appellate court opinions are unpublished and have no precedential value. Publication standards vary for each jurisdiction. The different standards are presented in table form.
Common Disorders Of The Appendix And Their Treatment, Roger J. Miner '56
Common Disorders Of The Appendix And Their Treatment, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Publications
No abstract provided.
The Citing Of Law Reviews By The Supreme Court:1971-1999, Louis J. Sirico Jr.
The Citing Of Law Reviews By The Supreme Court:1971-1999, Louis J. Sirico Jr.
Indiana Law Journal
No abstract provided.
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Michigan Law Review
Many in the legal profession have abandoned the great questions of legal process. This is too bad. How a decision is reached can be as important as what the decision is. In an increasingly diverse country with many competing visions of the good, it is critical for law to aspire to agreement on process - a task both more achievable than agreement on substance and more suited to our profession than waving the banners of ideological truth. By process, I mean the institutional routes by which we in America reach our most crucial decisions. In other words, process is our …
Losing Faith: America Without Judicial Review?, Erwin Chemerinsky
Losing Faith: America Without Judicial Review?, Erwin Chemerinsky
Michigan Law Review
In the last decade, it has become increasingly trendy to question whether the Supreme Court and constitutional judicial review really can make a difference. Gerald Rosenberg, for example, in The Hollow Hope, expressly questions whether judicial review achieves effective social change. Similarly, Michael Klarman explores whether the Supreme Court's desegregation decisions were effective, except insofar as they produced a right-wing backlash that induced action to desegregate. In Taking the Constitution Away from the Courts, Mark Tushnet approvingly invokes these arguments (pp. 137, 145), but he goes much further. Professor Tushnet contends that, on balance, constitutional judicial review is harmful. He …
Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson
Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson
UIC Law Review
No abstract provided.
Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton
Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton
UIC Law Review
No abstract provided.
A (Microsoft) Word To The Wise – Beware Of Footnotes And Gray Areas: The Seventh Circuit Continues To Count Words, Clifford S. Zimmerman
A (Microsoft) Word To The Wise – Beware Of Footnotes And Gray Areas: The Seventh Circuit Continues To Count Words, Clifford S. Zimmerman
The Journal of Appellate Practice and Process
The Federal Rules of Appellate Procedure limit the length of a written brief. This article examines the limits in place and addresses a Seventh Circuit decision involving such limits.
Juries, Hindsight, And Punitive Damage Awards: Failures Of A Social Science Case For Change, Richard O. Lempert
Juries, Hindsight, And Punitive Damage Awards: Failures Of A Social Science Case For Change, Richard O. Lempert
Articles
In their recent Arizona Law Review article entitled What Juries Can't Do Well: The Jury's Performance As a Risk Manager,' Professors Reid Hastie and W. Kip Viscusi purport to show that juries are likely to do a poor job in setting punitive damages, largely because jurors cannot avoid the influence of what is called "hindsight bias," or the tendency to see the likelihood of an event higher in retrospect than it would have appeared before it happened. In particular, they argue that hindsight bias and other cognitive biases undermine the utility of jury-set punitive damage awards as risk management devices. …
Attorney Hit With Sanctions For Poor Brief (New York Law Journal), Deborah Pines
Attorney Hit With Sanctions For Poor Brief (New York Law Journal), Deborah Pines
News Articles
No abstract provided.
Abstracting The Record, Terry Crabtree
Abstracting The Record, Terry Crabtree
University of Arkansas at Little Rock Law Review
No abstract provided.
History Of The Court Reporter In The Appellate Courts Of Pennsylvania, Joel Fishman
History Of The Court Reporter In The Appellate Courts Of Pennsylvania, Joel Fishman
Law Faculty Publications
States have traditionally published the decisions of their intermediate and highest courts.1 Legal historians, in recent years, have written extensively on the history of court reporting and court reports.2 These historical accounts have revealed that many famous judges and lawyers throughout the country gained prominent reputations stemming from the publishing of their decisions.3 In the "nineteenth century, the development of court reports received attention from the legal community through reviews in many of the leading periodicals of the day."4 By 1900, however, the periodical literature contained only a small number of reviews of individual state reports. …
Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont
Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont
Cornell Law Faculty Publications
No abstract provided.
What's An Opinion For? (Special Issue: Judicial Opinion Writing), James Boyd White
What's An Opinion For? (Special Issue: Judicial Opinion Writing), James Boyd White
Articles
The question the papers in this Special Issue address is whether it matters how judicial opinions are written, and if so why. My hope here is to suggest a way of elaborating the question that may provide the reader with a useful point of departure for reading the more extensive papers that follow.
Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau
Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau
University of Michigan Journal of Law Reform
In response to the "crisis of volume," state and federal appellate courts have been restricting the opinions they write to those opinions which will: (1) establish a new. rule of law or expand, alter, or modify an existing rule; (2) involve a legal issue of continuing public interest; (3) criticize existing law; or (4) resolve a conflict of authority. All other opinions are limited to brief statements of the reasons for the decision, go unpublished, and generally carry a prohibition against their being cited as precedent. Recently, critics have alleged a number of faults with this practice, including the supposed …
Trends In Constitution-Based Litigation In The Federal Courts, Douglas O. Linder
Trends In Constitution-Based Litigation In The Federal Courts, Douglas O. Linder
Faculty Works
No abstract provided.
The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary
The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary
Articles
Federal appellate court records and briefs are significant to researchers in many disciplines, but academic law libraries are discarding them. Ms. Leary chronicles the demise of paper holdings in law libraries, the rise of microforms, and the contents and usage of the National Archives and Records Administration's files. She then derives principles for preservation strategies that may apply to other categories of legal material.