Revisiting The Integration Of Law And Fact In Contemporary Federal Civil Litigation,
2015
Brooklyn Law School
Revisiting The Integration Of Law And Fact In Contemporary Federal Civil Litigation, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of "Sexually Violent Predator" Commitment,
2015
University of Maine School of Law
Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of "Sexually Violent Predator" Commitment, Deirdre M. Smith
Faculty Publications
In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …
The Supreme Court's Civil Assault On Civil Procedure,
2015
Benjamin N. Cardozo School of Law
The Supreme Court's Civil Assault On Civil Procedure, Alexander A. Reinert
Articles
No abstract provided.
University Of Akron School Of Law Commencement Address,
2015
The University of Akron
University Of Akron School Of Law Commencement Address, Michael S. Greco
Akron Law Review
University of Akron School of Law Commencement Address...I want to talk with you today about the place of the lawyer in society – your place in society. About the challenges that now confront lawyers and our profession. And about how we must respond to those challenges. I begin with the importance of an independent legal profession in America.
Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials,
2015
The University of Akron
Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson
Akron Law Review
With Japan marking its three-year anniversary of the lay judge system, now is an ideal time to assess the progress of the new system, examine its effect on Japanese society, and explore future possibilities. More significantly, this paper asserts that the convergence of various forces makes this an ideal time to expand lay participation into the civil realm so as to enhance the justice process and fully achieve the objectives of Japan’s major legal reforms. Accordingly, this paper is separated into three sections. First, Part I details the underpinnings of Japan’s new lay judge system and examines its triumphs and …
Birthright Citizenship, Illegal Aliens, And The Original Meaning Of The Citizenship Clause,
2015
The University of Akron
Birthright Citizenship, Illegal Aliens, And The Original Meaning Of The Citizenship Clause, Matthew Ing
Akron Law Review
This Article contends that the orthodox interpretation accurately reflects the original public meaning of ‘jurisdiction,’ and that, consequently, the consensualist interpretation is incorrect on originalist grounds. By way of supporting this contention, this Article also seeks to advance the debate regarding the Citizenship Clause in several ways. Although this Article, like others, relies upon the Clause’s legislative history for evidence of original meaning, when analyzing that history this Article also considers 1) the framing-era context of federal Indian law; and 2) the distinction between “original meaning” and “original expected application.” Moreover, in seeking relevant originalist evidence, this Article looks to …
Still Too Close To Call? Rethinking Stampp's "The Concept Of A Perpetual Union",
2015
The University of Akron
Still Too Close To Call? Rethinking Stampp's "The Concept Of A Perpetual Union", Daniel W. Hamilton
Akron Law Review
In a classic article in the Journal of American History, which was based on his presidential address to the Organization of American Historians in 1978, the great Civil War historian Kenneth Stampp made the claim that the arguments in favor of the constitutionality of secession made by the Southern states were as strong, if not stronger than the constitutional arguments made, then and now, in opposition to secession. Stampp is to my mind the greatest Civil War historian of the 20th century and his views on secession remain required reading and are cited routinely today. This is not to say …
Symposium: Union And States' Rights: Secession, 150 Years After Sumter, Preface,
2015
The University of Akron
Symposium: Union And States' Rights: Secession, 150 Years After Sumter, Preface, Neil H. Cogan
Akron Law Review
A preface to the four papers presented at the Annual Meeting of the Section on Legal History, American Association of Law Schools, held on January 7, 2011, in San Francisco.
Gerry Bradley Was Quoted In The Wall Street Journal Law Blog The Gay Marriage Case: How The Supreme Court Could Rule,
2015
Notre Dame Law School
Gerry Bradley Was Quoted In The Wall Street Journal Law Blog The Gay Marriage Case: How The Supreme Court Could Rule, Gerard V. Bradley
NDLS in the News
Gerry Bradley was quoted in the Wall Street Journal Law Blog The Gay Marriage Case: How the Supreme Court Could Rule on June 23, 2015.
In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act,
2015
Howard University
In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider
School of Law Faculty Publications
Abstract:
Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections of …
Newsroom: Ri Center For Justice Takes Off,
2015
Roger Williams University
Newsroom: Ri Center For Justice Takes Off, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Pbc: Safe Passage Through Guardianship,
2015
Roger Williams University
Newsroom: Pbc: Safe Passage Through Guardianship, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Vendor’S Privilege: Adheret Visceribus Rei,
2015
Louisiana State University Law Center
Vendor’S Privilege: Adheret Visceribus Rei, L. David Cromwell
Louisiana Law Review
The article offers information on the vendor's privilege on the mortgage debt as stated by the Louisiana Supreme Court. Topics discussed include failure of timely transcription of the mortgage do not affect the vendor's privilege, effectiveness for failure of timely reinscription, and formulation of vendor's privilege law traces back to Code Napoléon.
Enforcement Of Forum Selection Agreements In Contracts Between Unequal Parties,
2015
University of Georgia School of Law
Enforcement Of Forum Selection Agreements In Contracts Between Unequal Parties, Cindy Noles
Georgia Journal of International & Comparative Law
No abstract provided.
The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective,
2015
University of Georgia School of Law
The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective, Michael Quilling
Georgia Journal of International & Comparative Law
No abstract provided.
The Traditional View Of Public Policy And Ordre Public In Private International Law,
2015
University of Georgia School of Law
The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy
Georgia Journal of International & Comparative Law
No abstract provided.
Newsroom: National Law Journal: Logan On Bp Claims,
2015
Roger Williams University
Newsroom: National Law Journal: Logan On Bp Claims, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Trending@Rwu Law: Dean Yelnosky's Post: Serving The Public Interest And Serving Our Graduates,
2015
Roger Williams University School of Law
Trending@Rwu Law: Dean Yelnosky's Post: Serving The Public Interest And Serving Our Graduates, Michael Yelnosky
Law School Blogs
No abstract provided.
International Arbitration: Demographics, Precision And Justice,
2015
American University Washington College of Law
International Arbitration: Demographics, Precision And Justice, Susan Franck, James Freda, Kellen Lavin, Tobias A. Lehmann, Anne Van Aaken
Contributions to Books
ICCA Congress Series No. 18 comprises the proceedings of the twenty-second Congress of the International Council for Commercial Arbitration (ICCA), held in Miami in 2014. The articles by leading arbitration practitioners and scholars from around the world address the challenges, both perceived and real, to the legitimacy of international arbitration.
The volume focusses on the twin pillars of legitimacy: justice, in procedure and outcome, and precision at every phase of the proceedings. Contributions on justice explore issues related to diversity, fairness and whether arbitral institutions can do more to foster legitimacy – based on the responses of nine international arbitral …
A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings,
2015
Seattle University School of Law
A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings, Rose Linton
Seattle University Law Review
Every day, Asylum Officers (AOs) and Immigration Judges (IJs) hear cases to determine if the asylum seeker has a genuine claim to protection under the Refugee Act, which prohibits returning a refugee to a country where her life or freedom is threatened due to race, religion, political opinion, nationality, or membership in a particular social group. AOs and IJs are aware that their decision may mean life or death for an asylum seeker. They are also aware that false claims are “distressingly common,” that unscrupulous attorneys and unauthorized practitioners of immigration law have perpetrated fraudulent asylum schemes, and that granting …
