Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India,
2013
University of Georgia School of Law
Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India, Lennon Banks Haas
Georgia Journal of International & Comparative Law
No abstract provided.
Criminal Forfeiture And The Sixth Amendment: The Role Of The Jury At Common Law,
2013
Washington University School of Law
Criminal Forfeiture And The Sixth Amendment: The Role Of The Jury At Common Law, Richard E. Finneran, Steven K. Luther
Cardozo Law Review
Throughout its recent jurisprudence after Apprendi v. New Jersey, the Supreme Court has emphasized that its analysis of the Sixth Amendment jury trial right centers upon the historical role of the jury at common law. Just last year, in Southern Union Co. v. United States, the Court extended the Sixth Amendment jury trial right to criminal fines after concluding that the jury's verdict determined the maximum fine that could be imposed at common law. The Court remained silent, however, with regard to another financial penalty commonly applied in the federal system: criminal forfeitures. Given that the Supreme Court …
Illegitimate Children And Constitutional Review,
2013
Pepperdine University
Illegitimate Children And Constitutional Review, Clayton W. Plotkin, John Vodonick
Pepperdine Law Review
No abstract provided.
The Unwritten Law And Its Writers,
2013
Pepperdine University
The Unwritten Law And Its Writers, Frederick J. Moreau
Pepperdine Law Review
No abstract provided.
Dirt Lawyers And Dirty Remics,
2013
Brooklyn Law School
Dirt Lawyers And Dirty Remics, Bradley T. Borden, David J. Reiss
Faculty Scholarship
No abstract provided.
Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution,
2013
Pepperdine University
Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg
Journal of the National Association of Administrative Law Judiciary
The rule of necessity is a judicial doctrine that permits a judge or agency decision maker to decide a case even if he or she would ordinarily be disqualified due to bias or prejudice . The rationale of the doctrine is that if there is no other person who can make the decision, let the biased person decide the case rather than have no decision made at all. The rule of necessity has been used in state administrative proceedings liberally despite the fact that it is widely recognized as unfair. This article analyzes current approaches to the doctrine, and after …
Rubin And New Cap: Foreign Judgments And Insolvency,
2013
University of Oxford; Visiting Faculty, Singapore Management University
Rubin And New Cap: Foreign Judgments And Insolvency, Adrian Briggs
2013 Jones Day Professorship of Commercial Law Lecture
The decisions of the UK Supreme Court in 2012 in Rubin and New Cap, and of the Singapore High Court in 2013 in Beluga Chartering, raise in acute form the question of how far the common law of international insolvency and of the recognition of foreign judgments can go when a local court is asked by a court in another country to render particular forms of assistance in relation to an insolvency administration which is taking place there. It asks how the instinct to give assistance for the ultimate benefit of creditors needs to be balanced by the …
Legal Rhetoric And Social Science: A Hypothesis For Why Doctrine Matters In Judicial Decisionmaking,
2013
Pace University
Legal Rhetoric And Social Science: A Hypothesis For Why Doctrine Matters In Judicial Decisionmaking, Brett Waldron
Pace International Law Review Online Companion
In the realm of American jurisprudence, little draws more excitement or controversy than investigating the role of federal judges in our constitutional order. Yet, at the same time, the scholarly literature has not settled upon a singular descriptive device to explain how federal judges actually carry out this role. In broad strokes, current academic commentary appears to be divided on the issue of whether fidelity to the law or fidelity to political ideology largely determines how judges decide cases. This division, however interesting it may be, should not be afforded the luxury of being examined on a level playing field. …
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?,
2013
University of Nottingham, U.K.
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye
IP Theory
No abstract provided.
Congressional Policy For Work Product Protection In Congressional Investigations,
2013
Benjamin N. Cardozo School of Law
Congressional Policy For Work Product Protection In Congressional Investigations, Jay Brody
Cardozo Public Law, Policy & Ethics Journal
The note examines the conflict between congressional investigative powers and the work product doctrine, advocating for a balanced approach that considers the nature of the investigation. It argues that the type of congressional investigation—legislative, oversight, or investigative—should determine the level of work product protection applied, ensuring both effective governance and legal fairness.
Rubin And New Cap: Foreign Judgments And Insolvency,
2013
Singapore Management University
Rubin And New Cap: Foreign Judgments And Insolvency, University Of Oxford; Visiting Faculty, Singapore Management University
Research Collection Yong Pung How School Of Law
The decisions of the UK Supreme Court in 2012 in Rubin and New Cap, and of the Singapore High Court in 2013 in Beluga Chartering, raise in acute form the question of how far the common law of international insolvency and of the recognition of foreign judgments can go when a local court is asked by a court in another country to render particular forms of assistance in relation to an insolvency administration which is taking place there. It asks how the instinct to give assistance for the ultimate benefit of creditors needs to be balanced by the …
Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag,
2013
Singapore Management University
Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag, Shubhankar Dam
Research Collection Yong Pung How School Of Law
This paper critically analyses the decision of the Singapore Court of Appeal in Yong Vui Kong v Attorney-General in relation to presidential pardon. Two questions were central to the case. First, is the President bound by the decision of the Cabinet in pardon-related matters? Secondly, are decisions regarding pardon—whether made by the Cabinet or President—subject to judicial review? In relation to the first question, the Court based its reasoning on Singapore's political system being a Westminster-inspired model and, therefore, that the President generally undertakes the same functions as the British monarch. However, this paper identifies the unique features of Singapore's …
Statutes In Common Law Courts,
2013
Notre Dame Law School
Statutes In Common Law Courts, Jeffrey A. Pojanowski
Journal Articles
The Supreme Court teaches that federal courts, unlike their counterparts in the states, are not general common law courts. Nevertheless, a perennial point of contention among federal law scholars is whether and how a court’s common law powers affect its treatment of statutes. Textualists point to federal courts’ lack of common law powers to reject purposivist statutory interpretation. Critics of textualism challenge this characterization of federal courts’ powers, leveraging a more robust notion of the judicial power to support purposivist or dynamic interpretation. This disagreement has become more important in recent years with the emergence of a refreshing movement in …
Hubbard V. Boelt: The Fireman's Rule Extended ,
2013
Pepperdine University
Hubbard V. Boelt: The Fireman's Rule Extended , Marty K. Deniston
Pepperdine Law Review
The California Supreme Court, in Hubbard v. Boelt, extended the reach of the fireman's rule to bar a suit brought by a policeman who was injured by the willful and wanton conduct of a speeding motor is while pursuing that motorist. This is an important development in tort law because, traditionally, the fireman's rule had only been applied to bar suits by firemen and policemen who were injured by the negligent conduct of another which was the cause of their presence at the scene. This author suggests that the majority's rationale underlying this extension was flawed because of the fundamental …
Constitutionalism Ancient And Early Modern: The Contributions Of Roman Law, Canon Law, And English Common Law,
2013
University of Pittsburgh
Constitutionalism Ancient And Early Modern: The Contributions Of Roman Law, Canon Law, And English Common Law, Janelle Greenberg, Michael J. Sechler
Cardozo Law Review
No abstract provided.
Nlra Preemption Of State Common Law Wrongful Discharge Claims: The Bhopal Brigade Goes Home ,
2013
Pepperdine University
Nlra Preemption Of State Common Law Wrongful Discharge Claims: The Bhopal Brigade Goes Home , Joseph R. Weeks
Pepperdine Law Review
No abstract provided.
A Duty To Rescue: The Good, The Bad And The Indifferent—The Bystander's Dilemma,
2013
Pepperdine University
A Duty To Rescue: The Good, The Bad And The Indifferent—The Bystander's Dilemma, Claire Elaine Radcliffe
Pepperdine Law Review
No abstract provided.
The Restatement (Second): Its Misleading Quality And A Proposal For Its Amelioration,
2013
Pepperdine University
The Restatement (Second): Its Misleading Quality And A Proposal For Its Amelioration, W. Noel Keyes
Pepperdine Law Review
No abstract provided.
The Restatement (Second): A Tribute To Its Increasingly Advantageous Quality, And An Encouragement To Continue The Trend,
2013
Pepperdine University
The Restatement (Second): A Tribute To Its Increasingly Advantageous Quality, And An Encouragement To Continue The Trend, John W. Wade
Pepperdine Law Review
No abstract provided.
Innovation In China: Fragmentation, Structured Uncertainty, And Technology Standards,
2013
Sam Nunn School of International Affairs
Innovation In China: Fragmentation, Structured Uncertainty, And Technology Standards, Michael Murphree, Dan Breznitz
Cardozo Law Review de•novo
This Article discusses the history of China’s attempts to develop indigenous technology standards. A case study is presented on China’s attempts to develop digital optical storage media standards, the failure of which we attribute to fragmentation of production and structured uncertainty in China’s economy. Despite the market failures of China’s domestic standards development efforts, we conclude by highlighting some of the appurtenant benefits they produce for Chinese manufacturers.
