Aviation Law - Insurance - Neither “War Risk” Nor Other Standard Terms Denoting Civil Disturbance Within The Exclusionary Clauses Of All Risks Policies Encompass The Destruction Of An Aircraft By Hijackers,
2016
University of Georgia School of Law
Aviation Law - Insurance - Neither “War Risk” Nor Other Standard Terms Denoting Civil Disturbance Within The Exclusionary Clauses Of All Risks Policies Encompass The Destruction Of An Aircraft By Hijackers, Kathy D. Izell
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards,
2016
University of Georgia School of Law
Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt
Georgia Journal of International & Comparative Law
No abstract provided.
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise,
2016
University of Georgia School of Law
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Georgia Journal of International & Comparative Law
No abstract provided.
The Icelandic Fisheries Dispute: A Decision Is Finally Rendered,
2016
University of Georgia School of Law
The Icelandic Fisheries Dispute: A Decision Is Finally Rendered, Roger A. Briney
Georgia Journal of International & Comparative Law
No abstract provided.
International Straits: The Right Of Access,
2016
US Army Judge Advocate General's Corps
International Straits: The Right Of Access, R. P. Cundick
Georgia Journal of International & Comparative Law
No abstract provided.
United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?,
2016
US Army Trial Judiciary
United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?, William J. Norton
Georgia Journal of International & Comparative Law
No abstract provided.
Newsroom: Seeking A Balance: Judicial Diversity In Ri 7/7/2016,
2016
Roger Williams University School of Law
Newsroom: Seeking A Balance: Judicial Diversity In Ri 7/7/2016, Michael M. Bowden, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Kuckes On Discovery Ruling 7-7-2016,
2016
Rhode Island Lawyers Weekly
Newsroom: Kuckes On Discovery Ruling 7-7-2016, Sheri Qualters, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Proposed Separation Of Powers Restoration Act Goes Too Far,
2016
Boston University School of Law
The Proposed Separation Of Powers Restoration Act Goes Too Far, Jack M. Beermann
Shorter Faculty Works
If passed, the Separation of Powers Restoration Act would require federal courts conducting judicial review of agency action to decide “de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions and rules.” Although I have long been highly critical of Chevron, see, e.g., Jack M. Beermann, End the Failed Chevron Experiment Now: How Chevron Has Failed and Why It Can and Should be Overruled, 42 Conn. L. Rev. 9 (2010), and also have misgivings about Auer deference, I fear that the proposed Act goes too far in completely eliminating deference to agency legal determinations.
References To Television Programming In Judicial Opinions And Lawyers’ Advocacy,
2016
University of Missouri School of Law
References To Television Programming In Judicial Opinions And Lawyers’ Advocacy, Douglas E. Abrams
Faculty Publications
"Think of the poor judge who is reading ... hundreds and hundreds of these briefs," says Chief Justice John G. Roberts, Jr. "Liven their life up just a little bit. . . with something interesting." Lawyers can "liven up" their briefs with references to television shows generally known to Americans who have grown up watching the small screen. After discussing television's pervasive effect on American culture since the early 1950s, this Article surveys the array of television references that appear in federal and state judicial opinions. In cases with no claims or defenses concerning the television industry, judges often help …
Book Review: Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals,
2016
University of Missouri School of Law
Book Review: Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals, S. I. Strong
Faculty Publications
The proliferation of international courts and tribunals over the last few decades has made it increasingly important to ensure that such proceedings are entirely above reproach. In particular, questions have arisen about what should be done in cases where a judge’s or arbitrator’s continued presence threatens the legitimacy of the proceedings. As fundamental as this question is, very little has been written about the standards for challenge and removal of such officials. Fortunately, Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, a new collection of essays edited by Chiara Giorgetti, Associate Professor of Law at the …
The Two Faces Of The Foreign Intelligence Surveillance Court,
2016
University of Houston Law Center
The Two Faces Of The Foreign Intelligence Surveillance Court, Emily Berman
Indiana Law Journal
When former National Security Agency contractor Edward Snowden leaked a massive trove of information about secret intelligence-collection programs implemented under the Foreign Intelligence Surveillance Act in the summer of 2013, U.S. surveillance activities were thrust to the forefront of public debate. This debate included the question of whether and how to reform the Foreign Intelligence Surveillance Court (“FISA Court”), the statutorily created secret court that reviews government applications to conduct surveillance in the United States. This discussion, however, has underemphasized a critical feature of the way the FISA Court works. As this Article will show, since the terrorist attacks of …
Courts Of Good And Ill Repute: Garoupa And Ginburg's Judicial Reputation: A Comparative Theory,
2016
Vanderbilt University Law School
Courts Of Good And Ill Repute: Garoupa And Ginburg's Judicial Reputation: A Comparative Theory, Tracey E. George, G. Mitu Gulati
Vanderbilt Law School Faculty Publications
Professors Garoupa and Ginsburg begin their book with an unusually valuable introduction to the substantive chapters which follow. The introduction is framed by two (in)famous examples of judicial action: one that strengthened a court’s reputation and one that damaged a court’s reputation. The book opens with Chief Justice John Roberts’s 2012 Obamacare decision (pp 1–2). Roberts not only joined the five-justice majority that upheld the constitutionality of the Affordable Care Act (Obamacare), but also authored the Supreme Court’s opinion. Roberts’s policy preference, by any conventional measure, should have been to overturn Obamacare (p 1). Thus, he must have chosen to …
International Accountability In U.S. Law: A Call For Legislation,
2016
Benjamin N. Cardozo School of Law
International Accountability In U.S. Law: A Call For Legislation, Jonah Diamond
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act,
2016
University of Georgia School of Law
Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler
Georgia Journal of International & Comparative Law
No abstract provided.
Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States,
2016
University of Georgia School of Law
Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum,
2016
Fordham University School of Law
Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny
Georgia Journal of International & Comparative Law
No abstract provided.
Gatekeeping Science: Using The Structure Of Scientific Research To Distinguish Between Admissibility And Weight In Expert Testimony,
2016
Northwestern Pritzker School of Law
Gatekeeping Science: Using The Structure Of Scientific Research To Distinguish Between Admissibility And Weight In Expert Testimony, David L. Faigman, Christopher Slobogin, John Monahan
Northwestern University Law Review
Fundamental to all evidence rules is the division of responsibility between the judge, who determines the admissibility of evidence, and the jury, which gauges its weight. In most evidentiary contexts, such as those involving hearsay and character, threshold admissibility obligations are clear and relatively uncontroversial. The same is not true for scientific evidence. The complex nature of scientific inference, and in particular the challenges of reasoning from group data to individual cases, has bedeviled courts. As a result, courts vary considerably on how they define the judge’s gatekeeping task under Federal Rule of Evidence 702 and its state equivalents.
This …
The Scrivener’S Error,
2016
Northwestern Pritzker School of Law
The Scrivener’S Error, Ryan D. Doerfler
Northwestern University Law Review
It is widely accepted that courts may correct legislative drafting mistakes, i.e., so-called scrivener’s errors, if and only if such mistakes are “absolutely clear.” The rationale is that if a court were to recognize a less clear error, it might be “rewriting” the statute rather than correcting a technical mistake.
This Article argues that the standard is much too strict. The current rationale ignores that courts can “rewrite,” i.e., misinterpret, a statute both by recognizing an error and by failing to do so. Accordingly, because the current doctrine is designed to protect against one type of mistake (false positives) but …
Newsroom: Op-Ed: Yelnosky On Judicial Selection 6-17-2016,
2016
Roger Williams University School of Law
Newsroom: Op-Ed: Yelnosky On Judicial Selection 6-17-2016, Michael J. Yelnosky, Providence Journal, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
