Courts Commons^™

The Role Of Sharia Banking Notaries In The Development Of Sharia Economic Law In The Digital Era, Rofah Setyowati, Bagas Heradhyaksa, Maskur Rosyid

Jurnal Hukum & Pembangunan

Notary has a strategic position in making Islamic banking contracts. This is because the Notary is responsible for the correctness of the contract construction to fulfill the terms of the agreement, as well as sharia principles. This study is intended to analyze the legal consequences that arise in the relationship between the Notary profession and the Islamic banking industry. It is important to find opportunities and challenges of Notaries in supporting the development of Islamic economics in Indonesia. This study uses a philosophical, juridical and empirical approach. The results of the analysis show that the need for a notary who …

Studi Sosio Legal Dalam Pemanfaatan Energi Terbarukan Di Perairan Indonesia, Marlina Purba

Jurnal Hukum & Pembangunan

Socio-legal studies are the kind of study that presents the point of view to see the law which focuses on the contact more than the texts. By legal socio approach, the problem which will be learned is notonly study to the norms studied or the law doctrine but see the contact detail of the norms and the enactment. How the law work in the public which will be learned by legal socio study. The legal socio study is done by refer to the research result Cotterrell R about the theory and value. Cotterrell enters the value to explain the action …

Appellate Review Of Courts-Martial In The United States, Scott W. Stucky

Catholic University Law Review

No abstract provided.

There Is No Justice When Low And Modest-Income D.C. Residents Are Forced To Represent Themselves In Civil Cases, Sheldon Krantz

University of the District of Columbia Law Review

After spending more than twenty years as a white-collar criminal defense lawyer at DLA Piper and prior to that serving as a federal prosecutor, law professor, and law school dean, I had the opportunity to help develop and then share responsibility for directing the non-profit D.C. Affordable Law Firm (“DCALF”). 135 I learned from this experience that lawyers are rarely available for most of the low- and modest income District of Columbia (“D.C.”) residents who find themselves embroiled in civil matters in D.C. Superior Court on matters greatly impacting their lives. They become, as a result, self-represented litigants (“SRLs”) who …

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Program: Senior Projects (Public)

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

The Shifting Sands Of Cost Shifting, Andrew M. Pardieck

Cleveland State Law Review

The cost-shifting analysis employed by the federal courts in ruling on discovery disputes is flawed. There is tremendous variability in how courts interpret the factors guiding the analysis. There is tremendous variability in the information courts rely on in deciding whether to preclude the discovery or shift its costs. The result is waste for the litigants, courts, and society as a whole. This Article argues that there is a better way: mandate cooperation before cost shifting. The courts should condition proportionality and cost-shifting rulings on cooperation. The cooperation should be substantive: require disclosure of objective information about the disputed discovery …

Can There Be Too Much Specialization? Specialization In Specialized Courts, Melissa F. Wasserman, Jonathan D. Slack

Northwestern University Law Review

While modern society has embraced specialization, the federal judiciary continues to prize the generalist jurist. This disconnect is at the core of the growing debate on the optimal level of specialization in the judiciary. To date, this discussion has largely revolved around the creation of specialized courts. Opinion specialization, however, provides an alternative, underappreciated method to infuse specialization into the judiciary. In contrast to specialized courts, opinion specialization is understudied and undertheorized.

This Article makes two contributions to the literature. First, this Article theorizes whether opinion specialization is a desirable practice. It argues that the practice’s costs and benefits are …

Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Brief For Council Of Islamic Schools In North America, Partnership For Inner-City Education, And Union Of Orthodox Jewish Congregations Of America As Amici Curiae In Support Of Petitioners, Nicole Stelle Garnett, Richard W. Garnett Iv, Michael H. Mcginley

Court Briefs

No. 20-1088
David and Amy Carson v. A. Pender Makin

On Petition for Writ of Certiorari to the United States Court of Appeals for the First Circuit

From the Summary of Argument

This Court should grant certiorari in order to clarify that any discrimination on the basis of religious status or religious use is subject to “the most exacting scrutiny.” Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S. Ct. 2012, 2021 (2017).

Compelling Suspects To Unlock Their Phones: Recommendations For Prosecutors And Law Enforcement, Carissa A. Uresk

BYU Law Review

No abstract provided.

Federalism Limits On Non-Article Iii Adjudication, F. Andrew Hessick

Pepperdine Law Review

Although Article III of the Constitution vests the federal judicial power in the Article III courts, the Supreme Court has created a patchwork of exceptions permitting non-Article III tribunals to adjudicate various disputes. In doing so, the Court has focused on the separation of powers, concluding that these non-Article III adjudications do not unduly infringe on the judicial power of the Article III courts. But separation of powers is not the only consideration relevant to the lawfulness of non-Article III adjudication. Article I adjudications also implicate federalism. Permitting Article I tribunals threatens the role of state courts by expanding federal …

Judicial Review Of National Regulations Under Smcra And Holmes Limestone Co. V. Andrus: Is The District Court For The District Of Columbia The Only Proper Forum?, John Cato Fogle Iii

Journal of Natural Resources & Environmental Law

No abstract provided.

Diligence And Belated Appeals: Ark R. App P.-Civ. 4(B)(3) In Theory And Practice, Johnathan D. Horton

Arkansas Law Review

A series of Arkansas appellate decisions addresses a recurring issue—the entry of a final order without notice to one or more litigants. Appellate deadlines run from the date of entry of a final order, so the lack of notice typically results in the inability to perfect an appeal, as a party unaware of the entry of a final order is unlikely to timely perfect an appeal. This troublesome issue has arisen in Arkansas with sufficient frequency to merit a specific provision in the Arkansas Rules of Appellate Procedure—Civil.4 If a party can satisfy its requirements, Rule 4(b)(3) of the Arkansas …

Santa Fe Reporter Interviews Maryam Ahranjani: Change Of Venue, District Court Judge To Consider Defense’S Argument That A Fair Trial In The Slaying Of Basketball Star Is Impossible In Santa Fe, Maryam Ahranjani, Katherine Lewin

Faculty Scholarship

Maryam Ahranjani, a criminal law professor at the University of New Mexico, concedes that the "accessibility" of information is much different now than when the Founding Fathers ratified the Sixth Amendment (the right to a speedy and public trial by an impartial jury), but that the original idea of that section of the Constitution stemmed from the belief trials are best held in the community in which they occurred.

"Certainly judges are willing to change venues sometimes, consistent with that original idea that the local community is what defines the crime and so they're the ones who should determine whether …

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Antitrust Antitextualism, Daniel A. Crane

Articles

Judges and scholars frequently describe antitrust as a common-law system predicated on open-textured statutes, but that description fails to capture a historically persistent phenomenon:judicial disregard of the plain meaning of the statutory texts and manifest purposes of Congress. This pattern of judicial nullification is not evenly distributed: when the courts have deviated from the plain meaning or congressional purpose, they have uniformly done so to limit the reach of antitrust liability or curtail the labor exemption to the benefit of industrial interests. This phenomenon cannot be explained solely or even primarily as a tug-of-war between a progressive Congress and conservative …

The Moral Ambiguity Of Public Prosecution, Gabriel S. Mendlow

Articles

Classic crimes like theft and assault are in the first instance wrongs against individuals, not against the state or the polity that it represents. Yet our legal system denies crime victims the right to initiate or intervene in the criminal process, relegating them to the roles of witness or bystander—even as the system treats prosecution as an institutional analog of the interpersonal processes of moral blame and accountability, which give pride of place to those most directly wronged. Public prosecution reigns supreme, with the state claiming primary and exclusive moral standing to call offenders to account for their wrongs. Although …

Covid-19 And Rule 10b-5, Allan Horwich

University of Richmond Law Review

The COVID-19 pandemic presented wide-ranging challenges for businesses. Not the least of these is compliance with federal securities laws, including the prohibition—most notably under SEC Rule 10b-5—on materially deceptive statements made to the public. Both the SEC, in its role as enforcer of the law, and private parties, seeking to represent classes of aggrieved investors, have filed complaints asserting that corporations and others have engaged in deception of investors regarding matters pertaining to COVID-19. Some of these claims relate to disclosures regarding testing kits for the virus as well as development of vaccines. Other complaints allege faulty disclosure on the …

The Liar’S Mark: Character And Forfeiture In Federal Rule Of Evidence 609(A)(2), Jesse Schupack

Michigan Law Review

Rule 609(a)(2) of the Federal Rules of Evidence is an outlier. The Rule mandates admission of impeaching evidence of a witness’s past convictions for crimes of dishonesty. It is the only place in the Rules where judges are denied their usual discretion to exclude evidence on the grounds that its admission would be more prejudicial than probative. This Note analyzes three assumptions underlying this unusual Rule: (1) that there is a coherently definable category of crimes of dishonesty, (2) that convictions for crimes of dishonesty are uniquely probative of a person’s character, and (3) that an assessment of moral character …

The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz

Faculty Publications

This Essay offers an unconventional approach to deterring prosecutorial misconduct. Trial judges should use their inherent authority to forbid prosecutors from appearing and handling cases in their courtrooms until the prosecutors have completed training on Brady v. Maryland, Batson v. Kentucky, and other types of prosecutorial misconduct. If a single trial judge in a medium-sized or large jurisdiction imposes training prerequisites on prosecutors, it could set off a race to the top that encourages other judges to adopt similar (or perhaps even more rigorous) training requirements. A mandate that prosecutors receive ethics training before handling any cases is …