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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 Oct 2003

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 Oct 2003

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 Oct 2003

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 Aug 2003

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 Feb 2003

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 Feb 2003

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 Feb 2003

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 Jan 2003

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 Jan 2003

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 Apr 2002

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 Apr 2002

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 Jan 2002

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 Apr 2001

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 Jan 2001

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 Jan 2001

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. Jul 2000

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 May 2000

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 May 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jul 1999

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 Jan 1999

Attorney Hit With Sanctions For Poor Brief (New York Law Journal), Deborah Pines

News Articles

No abstract provided.


Abstracting The Record, Terry Crabtree Oct 1998

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 Jan 1997

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 Mar 1996

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 Jan 1995

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 Oct 1994

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 Jan 1994

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 Jan 1993

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.