Superfund Chaos Theory: What Happens When The Lower Federal Courts Don't Follow The Supreme Court,
2016
Suffolk University Law School
Superfund Chaos Theory: What Happens When The Lower Federal Courts Don't Follow The Supreme Court, Steven Ferrey
Michigan Journal of Environmental & Administrative Law
There is legal chaos in the national Superfund. The Supreme Court reversed decisions of eleven federal circuit courts in United States v. Atlantic Research Corp. There is no instance in modern Supreme Court history where the Court reversed every federal circuit court in the country, as it did in Atlantic Research. The Supreme Court’s reversal was through a unanimous decision. This was extraordinary: It not only reversed the entire legal interpretation of one of America’s most critical statutes, but also re-allocated billions of dollars among private parties.
The Supreme Court, when it rendered its decision, seemed to be rectifying a …
Is The “Arising Under” Jurisdictional Grant In Article Iii Self-Executing?,
2016
William & Mary Law School
Is The “Arising Under” Jurisdictional Grant In Article Iii Self-Executing?, David R. Dow
William & Mary Bill of Rights Journal
No abstract provided.
Justice Scalia’S Bottom-Up Approach To Shaping The Law,
2016
William & Mary Law School
Justice Scalia’S Bottom-Up Approach To Shaping The Law, Meghan J. Ryan
William & Mary Bill of Rights Journal
Justice Antonin Scalia is among the most famous Supreme Court Justices in history. He is known for his originalism and conservative positions, as well as his witty and acerbic legal opinions. One of the reasons Justice Scalia’s opinions are so memorable is his effective use of rhetorical devices, which convey colorful images and understandable ideas. One might expect that such powerful opinions would be effective in shaping the law, but Justice Scalia’s judicial philosophy was often too conservative to persuade a majority of his fellow Justices on the Supreme Court. Further, his regular criticisms of his Supreme Court colleagues were …
Insider Trading Law That Works: Using Newman And Salman To Update Dirks'S Personal Benefit Standard,
2016
Loyola Marymount University and Loyola Law School
Insider Trading Law That Works: Using Newman And Salman To Update Dirks'S Personal Benefit Standard, Mark Hayden Adams
Loyola of Los Angeles Law Review
No abstract provided.
Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective,
2016
University of Arkansas Little Rock
Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii
The Journal of Appellate Practice and Process
No abstract provided.
Infrequently Asked Questions,
2016
University of Arkansas Little Rock
Infrequently Asked Questions, Edward T. Swaine
The Journal of Appellate Practice and Process
If appellate advocates could hear from courts about topics that might be raised during oral argument—as opposed to relying solely on their ability to anticipate the issues—might their answers be better? That seems likely, but it is unlikely that research could confirm that, as judicial practice overwhelmingly favors impromptu questioning. Spontaneity may be harmless if the question was predictable, or unavoidable if a judge just thought of the question. But sometimes advocates have to answer challenging questions concerning the law, facts, or implications of a position—questions that help decide the case, either due to the quality of the answer or …
A History Of The Missouri Court Of Appeals: The Role Of Regional Conflicts In Shaping Intermediate Appellate Court Structure,
2016
University of Arkansas Little Rock
A History Of The Missouri Court Of Appeals: The Role Of Regional Conflicts In Shaping Intermediate Appellate Court Structure, Jamie Pamela Rasmussen
The Journal of Appellate Practice and Process
No abstract provided.
Arbitration Law In Tension After Hall Street: Accuracy Of Finality?,
2016
University of Arkansas Little Rock
Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure
University of Arkansas at Little Rock Law Review
No abstract provided.
The Court After Scalia,
2016
University of Richmond
The Court After Scalia, Kevin C. Walsh
Law Faculty Publications
In this editorial, Professor Walsh surveys the 2015-2016 U.S. Supreme Court term, with particular attention to the effects the late Justice Antonin Scalia's absence had on the Court's decisions.
Preface: One Hundred Twenty-Five Years Of The U.S. Court Of Appeals For The Second Circuit: A Brief Project Overview,
2016
U.S. Court of Appeals for the Second Circuit
Preface: One Hundred Twenty-Five Years Of The U.S. Court Of Appeals For The Second Circuit: A Brief Project Overview, Robert A. Katzmann
Fordham Law Review
An important part of that 125th anniversary examination is found in the pages that follow: essays by prominent lawyers of the Second Circuit about some of the vital areas of law emanating from our court. Much gratitude is due to the editors of the Fordham Law Review; Michael Cardozo and Bettina Plevan, who painstakingly oversaw the issue; and to the lawyers who contributed their thinking and writings. Six articles have been specially drafted on: First Amendment/civil liberties, by Floyd Abrams; white collar crime, by Robert J. Anello and Miriam L. Glaser; antitrust, by Saul P. Morgenstern, Jennifer B. Patterson, …
Introduction: Constraint, Authority, And The Rule Of Law In A Federal Circuit Court Of Appeals,
2016
Yale Law School
Introduction: Constraint, Authority, And The Rule Of Law In A Federal Circuit Court Of Appeals, John Fabian Witt
Fordham Law Review
Congress’ Evarts Act, signed into law in 1891, created a new Article III federal court designed almost exclusively to sit as an intermediate appellate court in between the federal trial courts and the U.S. Supreme Court. Congress created the new Evarts Act appellate courts to relieve pressure on the Supreme Court’s growing workload and to create a less arbitrary system of appeals for litigants in the federal trial courts. These twin goals of reducing the Supreme Court’s workload and establishing a meaningful right of appeal produced a set of circuit courts of appeals with a distinctively constrained new role. This, …
Introduction From The Editors Of Volume 84,
2016
Fordham University School of Law
Introduction From The Editors Of Volume 84, Hopi Costello, Matthew Geyer, Brandon Ruben
Fordham Law Review
The U.S. Court of Appeals for the Second Circuit has always held special significance for the Fordham Law Review’s student members. Ennobled by the examples of Fordham Law School and Fordham Law Review alumni Judge Irving Kaufman, Judge William Mulligan, Judge Joseph McLaughlin, and, most recently, Judge Denny Chin, the student members of the Fordham Law Review strive to impact our profession at its highest levels. It is thus with great pleasure and pride that four current students on the Fordham Law Review join this intellectual lineage by contributing the notes written for this commemorative issue, eaching tackles recent …
The English Fire Courts And The American Right To Civil Jury Trial,
2016
Notre Dame Law School
The English Fire Courts And The American Right To Civil Jury Trial, Jay Tidmarsh
Journal Articles
This Article uncovers the history of a long-forgotten English court system, the “fire courts,” which Parliament established to resolve dispute between landlords and tenants in urban areas destroyed in catastrophic fires. One of the fire courts’ remarkable features was the delegation of authority to judges to adjudicate disputes without juries. Because the Seventh Amendment’s right to a federal civil jury trial depends in part on the historical practice of English courts in 1791, this delegation bears directly on the present power of Congress to abrogate the use of juries in federal civil litigation.
Parliament enacted fire-courts legislation on eight occasions …
Appellate Deference In The Age Of Facts,
2016
William & Mary Law School
Appellate Deference In The Age Of Facts, Kenji Yoshino
William & Mary Law Review
This Article explores the question of how much appellate deference is due to “legislative” facts, or broad social facts about the world, established by the district courts. While it is axiomatic that “adjudicative” facts—which are the “whodunit” facts specific to a case—receive clear error deference on appeal, the Supreme Court has yet to address the degree of deference due to legislative facts. While the dominant view among appellate courts is that legislative facts should only receive de novo review, the practice of the courts has in actuality been much more fitful and inconsistent. The standard may be unsettled in part …
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges,
2016
University of Richmond
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson
Law Faculty Publications
This essay, first presented at the Magna Carta anniversary symposium of the Baronial Order of Magna Charta on April 16, 2015, at The Cosmos Club, in Washington, D.C., takes as its inspiration the spirit of the rule of law, as laid down in the Magna Carta. Specifically, the author argues that the popular election and reelection of judges undermines the rule of law, and democracy in general, by exposing judges to the manipulations of financial corruption, political intimidation, and the often irrational shifts in popular opinion. To correct this problem, the author calls for amendment of the thirty-nine state constitutions …
Till V. Scs Credit Corporation: A "Prime-Plus-Plus" Method Tilling Courts To Consider Efficient Market Evidence,
2016
Benjamin N. Cardozo School of Law
Till V. Scs Credit Corporation: A "Prime-Plus-Plus" Method Tilling Courts To Consider Efficient Market Evidence, Emma J. Guido
Cardozo Law Review
No abstract provided.
An Empirical Study Of Implicit Takings.,
2016
University of Michigan Law School
An Empirical Study Of Implicit Takings., James E. Krier, Stewart E. Sterk
Articles
Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law "on the ground" in the state and lower federal courts, which together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2000 reported decisions ovcr the period 1979 through 2012, attempts to fill that void. This study establishes that the Supreme Court's categorical rules govern almost no state takings cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action …
Recent Decision: Reapportionment And The Courts,
2016
St. John's University School of Law
Recent Decision: Reapportionment And The Courts
The Catholic Lawyer
No abstract provided.
Recent Decision: Impeachment Of Jury Verdicts,
2016
St. John's University School of Law
Recent Decision: Impeachment Of Jury Verdicts
The Catholic Lawyer
No abstract provided.
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography,
2016
University of Georgia School of Law
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
