Mediation At The Court Of Appeals For The Federal Circuit,
2020
American University Washington College of Law
Mediation At The Court Of Appeals For The Federal Circuit, Gidget Benitez
Intellectual Property Brief
No abstract provided.
First, We'll Neuter All The Judges,
2020
William & Mary Law School
First, We'll Neuter All The Judges, A. Benjamin Spencer
Popular Media
No abstract provided.
The Case Of Palestine Against The Usa At The Icj: A Non-Starter Or Precedent-Setter?,
2020
North South University, Bangladesh
The Case Of Palestine Against The Usa At The Icj: A Non-Starter Or Precedent-Setter?, Md. Rizwanul Islam
Georgia Journal of International & Comparative Law
No abstract provided.
Suspended For Sexual Misconduct, Now What?--The Sixth Circuit Splits From The Second On A Pleading Standard For Reverse Title Ix Actions,
2020
Southern Methodist University, Dedman School of Law
Suspended For Sexual Misconduct, Now What?--The Sixth Circuit Splits From The Second On A Pleading Standard For Reverse Title Ix Actions, Thomas Campbell
SMU Law Review Forum
No abstract provided.
"Downright Indifference": Examining Unpublished Decisions In The Federal Courts Of Appeals,
2020
University of Florida Fredric G. Levin College of Law
"Downright Indifference": Examining Unpublished Decisions In The Federal Courts Of Appeals, Merritt E. Mcalister
Michigan Law Review
Nearly 90 percent of the work of the federal courts of appeals looks nothing like the opinions law students read in casebooks. Over the last fifty years, the so-called “unpublished decision” has overtaken the federal appellate courts in response to a caseload volume “crisis.” These are often short, perfunctory decisions that make no law; they are, one federal judge said, “not safe for human consumption.”
The creation of the inferior unpublished decision also has created an inferior track of appellate justice for a class of appellants: indigent litigants. The federal appellate courts routinely shunt indigent appeals to a second-tier appellate …
Summary Dispositions As Precedent,
2020
William & Mary Law School
Summary Dispositions As Precedent, Richard C. Chen
William & Mary Law Review
The Supreme Court’s practice of summarily reversing decisions based on certiorari filings, without the benefit of merits briefing or oral argument, has recently come under increasing scrutiny. The practice is difficult to square with the Court’s stated criteria for granting certiorari and its norms against reviewing fact-bound cases to engage in mere error correction. Nonetheless, there is growing acceptance that the practice is likely to continue in some form, and the conversation has shifted to asking when the use of summary dispositions should be considered proper. Commentators have had no trouble identifying the Court’s tendencies: summary dispositions are most commonly …
Blatantly Biased: Expanding Pena-Rodriguez To Cases Of Bias Against Sexual Orientation, Religion, And Sex,
2020
William & Mary Law School
Blatantly Biased: Expanding Pena-Rodriguez To Cases Of Bias Against Sexual Orientation, Religion, And Sex, Tressa Bussio
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020,
2020
Roger Williams University School of Law
Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Specific Consumer Expectations Test For Product Defects,
2020
University at Buffalo School of Law
The Specific Consumer Expectations Test For Product Defects, Clayton J. Masterman, W. Kip Viscusi
Journal Articles
In this Article, we propose that courts adopt an amended version of the consumer expectations test that we call the “specific consumer expectations test.” The specific consumer expectations test would apply to any product or product component for which consumers have clear, articulable ex ante expectations about the function of the product. Under the specific consumer expectations test, a defendant is liable if consumers expected such a product to reduce a particular risk, and the product in fact increased that risk. Similarly, if a product was intended to convey a particular benefit, but in fact harmed consumers along the same …
Filling The Illinois Federal District Court Vacancies,
2020
Pepperdine University
Filling The Illinois Federal District Court Vacancies, Carl Tobias
Pepperdine Law Review
President Donald Trump repeatedly argues that appellate court appointments constitute his major success. The President and the United States Senate Republican Party majority have established records by approving fifty very conservative, young, and capable appellate court jurists. However, their confirmations have exacted a toll, particularly from the many federal district courts which address seventy-nine unfilled positions in 677 judicial posts. One constructive illustration has been the three Illinois tribunals which confront five pressing openings. The Administrative Office of the United States Courts classifies three as “emergencies,” because the vacant seats have been protracted and involve substantial caseloads. Despite this circumstance, …
Attention Supplicants,
2020
University of Oklahoma College of Law
Attention Supplicants, Roger Michalski
Other Faculty Publications
No abstract provided.
The International Criminal Court Appeals Chamber Ruling In Ntaganda: An Opportunity To Improve Accountability For Sexual And Gender-Based Crimes Against Men And Boys,
2020
University of Georgia School of Law
The International Criminal Court Appeals Chamber Ruling In Ntaganda: An Opportunity To Improve Accountability For Sexual And Gender-Based Crimes Against Men And Boys, Elizabeth Modzeleski
Georgia Journal of International & Comparative Law
No abstract provided.
Looking Forward And Looking Back: How Can The International Criminal Court (Icc) Navigate In A Complicated And Largely Hostile World?,
2020
Ford Foundation Fellow and Visiting Scholar, Duke University
Looking Forward And Looking Back: How Can The International Criminal Court (Icc) Navigate In A Complicated And Largely Hostile World?, David Tolbert
Georgia Journal of International & Comparative Law
No abstract provided.
The United States And The International Criminal Court: Why Undermining The Icc Undercuts U.S. Interests,
2020
Georgetown University Law Center
The United States And The International Criminal Court: Why Undermining The Icc Undercuts U.S. Interests, Jane Stromseth
Georgia Journal of International & Comparative Law
No abstract provided.
States Parties, Non-States Parties, And The Idea Of International Community,
2020
University of California, Berkeley, School of Law
States Parties, Non-States Parties, And The Idea Of International Community, Saira Mohamed
Georgia Journal of International & Comparative Law
No abstract provided.
The Icc And Non-Party States: Consistency And Consensus Revisited,
2020
UC Hastings College of Law
The Icc And Non-Party States: Consistency And Consensus Revisited, Chimène I. Keitner
Georgia Journal of International & Comparative Law
No abstract provided.
Defense Issues At The International Criminal Court,
2020
Florida International University College of Law
Defense Issues At The International Criminal Court, Megan A. Fairlie
Georgia Journal of International & Comparative Law
No abstract provided.
The Icc In Latin America: An Old Friend With New Challenges,
2020
UC Hastings College of Law
The Icc In Latin America: An Old Friend With New Challenges, Naomi Roht-Arriaza
Georgia Journal of International & Comparative Law
No abstract provided.
Foreword, In From The Texas Cotton Fields To The United States Tax Court: The Life Journey Of Juan F. Vasquez (Mary Theresa Vasquez & Anthony Head, 2020),
2020
Washington and Lee University School of Law
Foreword, In From The Texas Cotton Fields To The United States Tax Court: The Life Journey Of Juan F. Vasquez (Mary Theresa Vasquez & Anthony Head, 2020), Brant J. Hellwig
Books and Chapters
The story of the life of the first Hispanic American appointed to serve as a judge on the United States Tax Court. An educational and inspirational story of a professional career, the book is accessible to lawyers and laypersons of all ages.
Post-Genocide Justice In Rwanda,
2020
Washington and Lee University School of Law
Post-Genocide Justice In Rwanda, Mark A. Drumbl
Scholarly Articles
The Rwandan genocide triggered a vast number of criminal and quasi-criminal prosecutions. Rwanda therefore constitutes an example of a robust and rapid implementation of criminal accountability for atrocity. Rwanda, moreover, departed from other countries – such as South Africa – by eschewing a truth and reconciliation process as part of a transitional justice process. This chapter unpacks three levels of judicialization that promoted criminal responsibility for atrocity in Rwanda: the ICTR, specialized chambers of national courts, and gacaca proceedings. The ICTR indicted roughly 90 individuals, the national courts convicted in the area of 10,000 defendants (with some proceedings remaining ongoing), …
