Appellate Standards Of Review Then And Now,
2017
University of Arkansas Little Rock
Appellate Standards Of Review Then And Now, Yves-Marie Morissette
The Journal of Appellate Practice and Process
No abstract provided.
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States,
2017
University of Arkansas Little Rock
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States, Kristen A. Linsley
The Journal of Appellate Practice and Process
No abstract provided.
Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court,
2017
University of Arkansas Little Rock
Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner
The Journal of Appellate Practice and Process
No abstract provided.
Surveying The Landscape As Technology Revolutionizes Media Coverage Of Appellate Courts,
2017
University of Arkansas Little Rock
Surveying The Landscape As Technology Revolutionizes Media Coverage Of Appellate Courts, Howard J. Bashman
The Journal of Appellate Practice and Process
No abstract provided.
Narratives Of Self-Government In Making The Case,
2017
University of Arkansas Little Rock
Narratives Of Self-Government In Making The Case, Benjamin L. Berger
The Journal of Appellate Practice and Process
No abstract provided.
The "Csi Effect": Tv Crime Dramas' Impact On Justice,
2017
Benjamin N. Cardozo School of Law
The "Csi Effect": Tv Crime Dramas' Impact On Justice, Michael Johnson
Cardozo Public Law, Policy & Ethics Journal
The note examines the "CSI Effect," a phenomenon where crime dramas like *CSI* influence jurors' expectations, potentially affecting trial outcomes. It explores whether this effect exists, its implications, and proposes solutions to mitigate its impact on the criminal justice system.
The Doxing Dilemma: Seeking A Remedy For The Malicious Publication Of Personal Information,
2017
Fordham University School of Law
The Doxing Dilemma: Seeking A Remedy For The Malicious Publication Of Personal Information, Julia M. Macallister
Fordham Law Review
In recent years, malevolent actors have seized upon a new tool to harass, silence, threaten, and injure people online: doxing—the malicious publication of personal identifying information like a home address. Although doxing is an online tool, it causes concrete and serious harm to victims by moving harassment from the Internet to the physical world. Congress and state legislatures have begun to address different forms of cyberharassment. However, no effective and consistent legal remedy for doxing currently exists. This Note examines and critiques current federal and state schemes, and it ultimately proposes that lower federal courts should adopt a new intent …
It’S Time For An Intervention!: Resolving The Conflict Between Rule 24(A)(2) And Article Iii Standing,
2017
Fordham University School of Law
It’S Time For An Intervention!: Resolving The Conflict Between Rule 24(A)(2) And Article Iii Standing, Gregory R. Manring
Fordham Law Review
This Note argues that federal courts should employ an approach that is more related to maintaining the benefits of Rule 24 without running afoul of Article III—a task the yes-or-no approach is ill equipped to handle. Ultimately, an approach that is based on employing a standing analysis only where the Case or Controversy Clause is implicated anew allows the greatest access to the intervention device without running the risk of entertaining nonjusticiable disputes.
The Doxing Dilemma: Seeking A Remedy For The Malicious Publication Of Personal Information,
2017
Fordham University School of Law
The Doxing Dilemma: Seeking A Remedy For The Malicious Publication Of Personal Information, Julia M. Macallister
Fordham Law Review
In recent years, malevolent actors have seized upon a new tool to harass, silence, threaten, and injure people online: doxing—the malicious publication of personal identifying information like a home address. Although doxing is an online tool, it causes concrete and serious harm to victims by moving harassment from the Internet to the physical world. Congress and state legislatures have begun to address different forms of cyberharassment. However, no effective and consistent legal remedy for doxing currently exists. This Note examines and critiques current federal and state schemes, and it ultimately proposes that lower federal courts should adopt a new intent …
It’S Time For An Intervention!: Resolving The Conflict Between Rule 24(A)(2) And Article Iii Standing,
2017
Fordham University School of Law
It’S Time For An Intervention!: Resolving The Conflict Between Rule 24(A)(2) And Article Iii Standing, Gregory R. Manring
Fordham Law Review
This Note argues that federal courts should employ an approach that is more related to maintaining the benefits of Rule 24 without running afoul of Article III—a task the yes-or-no approach is ill equipped to handle. Ultimately, an approach that is based on employing a standing analysis only where the Case or Controversy Clause is implicated anew allows the greatest access to the intervention device without running the risk of entertaining nonjusticiable disputes.
Potential Life In The Doctrine,
2017
University of Michigan Law School
Potential Life In The Doctrine, Leah Litman
Articles
In their article, Abortion: A Woman’s Private Choice, Erwin Chemerinsky and Michele Goodwin seek to shore up the doctrinal basis for a woman’s constitutional right to end her pregnancy. While Chemerinsky and Goodwin are partly concerned about the status of abortion rights in the United States because of President Donald Trump’s promise prior to taking office to appoint Justices to the Supreme Court who will overturn Roe v. Wade, they also maintain that some of the threat to abortion rights arises from an uncomfortable tension in the doctrine that recognizes states’ interest in potential life. I agree with Chemerinsky and …
The Patently Unexceptional Venue Statute,
2017
Boston University School of Law
The Patently Unexceptional Venue Statute, Paul Gugliuzza, Megan M. La Belle
Faculty Scholarship
Legal doctrines developed by the U.S. Court of Appeals for the Federal Circuit are often derided as “exceptionalist,” particularly on issues of procedure. The court’s interpretation of the venue statute for patent infringement suits seems, at first glance, to fit that mold. According to the Federal Circuit, the statute places few constraints on the plaintiff’s choice of forum when suing corporate defendants. This permissive venue rule has lead critics to suggest that the court is, once again, outside the mainstream. The Supreme Court’s recent grant of certiorari in TC Heartland v. Kraft Foods would seem to indicate that those critics …
An Originalist Defense Of Plyler V. Doe,
2017
Brigham Young University Law School
An Originalist Defense Of Plyler V. Doe, Steven G. Calabresi, Lena M. Barsky
BYU Law Review
This Article offers a defense of the Supreme Court’s opinion in Plyler v. Doe based on the original public meaning of the Fourteenth Amendment when it was enacted in 1868. We argue that at that time, the Fourteenth Amendment granted certain rights, such as life, liberty, and possession of personal property, to immigrants under the Equal Protection and Due Process Clauses, but did not grant them the privileges and immunities of citizenship (e.g. all civil rights and the political right to vote). We also argue that public education is a right of all persons protected by the Due Process and …
Boundary Dispute: The Presumption Against Extraterritoriality As Judicial Nondelegation,
2017
Brigham Young University Law School
Boundary Dispute: The Presumption Against Extraterritoriality As Judicial Nondelegation, Luke Bell
BYU Law Review
No abstract provided.
Bringing Racial Justice To The Courtroom And Community: Race Matters For Juvenile Justice And The Charlotte Model,
2017
University of North Carolina Charlotte
Bringing Racial Justice To The Courtroom And Community: Race Matters For Juvenile Justice And The Charlotte Model, Susan Mccarter, Elisa Chinn-Gary, Louis A. Trosch, Jr., Ahmed Toure, Abraham Alsaeedi, Jennifer Harrington
Washington and Lee Law Review Online
This article describes regional institutional organizing efforts to bring racial justice to the Charlotte courts and community through a collaborative called Race Matters for Juvenile Justice (RMJJ). The authors explain community and institutional organizing in-depth using the example of minority overrepresentation in the juvenile justice system, but recognize the pervasiveness of racial and ethnic disparities. Moreover, as the Race Matters for Juvenile Justice-Charlotte Model has gained national prominence, many jurisdictions seek to replicate the collaborative and the authors, therefore, provide RMJJ’s history as well as strategies for changing the narrative through communication and education, workforce development, data and research, community …
Preservation: What Is It Good For?,
2017
N.Y. County District Attorney's Office
Preservation: What Is It Good For?, Yuval Simchi-Levi
Pace Law Review
The Article proceeds as follows: in Part A, the preservation doctrine is defined. In Part B, the history of the preservation doctrine is described. In Part C, there is an explanation as to the purpose of preservation. In Part D, there is a description of the appellate process in New York. In Part E, the statutory rules of the New York Court of Appeals are described. In Part F, there is a description of how the rules of preservation have loosened in New York since 2009. In Part G, there is a statistical analysis of the consequences of loosening the …
The Lost Due Process Doctrines,
2017
The Catholic University of America, Columbus School of Law
The Lost Due Process Doctrines, Paul J. Larkin Jr.
Catholic University Law Review
Due process jurisprudence has long been dominated by discussion of its procedural requirements and substantive limitations. Through the lens of the Constitution’s Due Process Clause, however, the Supreme Court has also considered the geographic reach and substantive exercise of legal authority, the delegation of law making to private parties, the incorporation doctrine, and the issues of fundamental fairness. These doctrines have existed for some time, but the Supreme Court has never explained how they fit into its “procedural vs. substantive” dichotomy. This article examines these Lost Due Process Doctrines and poses the question of whether they should suffer the same …
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama,
2017
Barry University School of Law
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood
Barry Law Review
No abstract provided.
Gaars And The Nexus Between Statutory Interpretation And Legislative Drafting: Lessons For The U.S. From Canada,
2017
University of Michigan Law School
Gaars And The Nexus Between Statutory Interpretation And Legislative Drafting: Lessons For The U.S. From Canada, Reuven S. Avi-Yonah, Amir Pichhadze
Articles
Rules targeting specific known schemes are not the only tools available in the battle against tax avoidance. Legal systems also use measures that apply generally. The U.S. for example has tended to rely heavily on general doctrines. One such doctrine which is discussed in part 2 of this chapter is the “economic substance” doctrine. Yet as Xiong and Evans recently pointed out “although such judicial doctrines can be used to deal with various aspects of complicated tax abuse judges tended sometimes to limit and sometimes to enlarge the scope of jurisprudential interpretation leading to substantial uncertainty and risk.” One way …
Toward A Theory Of The Political Defense,
2017
St. John's University School of Law
Toward A Theory Of The Political Defense, Isidore Silver
The Catholic Lawyer
No abstract provided.
