Newsroom: The Guardian: Gutoff On Cook's 'Endeavour', 6-16-2016,
2016
Roger Williams University
Newsroom: The Guardian: Gutoff On Cook's 'Endeavour', 6-16-2016, The Guardian, Associated Press, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection,
2016
University of Georgia School of Law
Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott
Georgia Journal of International & Comparative Law
No abstract provided.
“Criminal Records” - A Comparative Approach,
2016
University of Georgia School of Law
“Criminal Records” - A Comparative Approach, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: Foreign Affairs And The Constitution. By Louis Henkin. Mineola, N.Y.: The Foundation Press, 1972. Pp. 553. $11.50.,
2016
Senate Committee on Foreign Relations
Book Review: Foreign Affairs And The Constitution. By Louis Henkin. Mineola, N.Y.: The Foundation Press, 1972. Pp. 553. $11.50., Carl Marcy
Georgia Journal of International & Comparative Law
No abstract provided.
International Fisheries Regulation,
2016
University of Georgia School of Law
International Fisheries Regulation, John P. Rivers
Georgia Journal of International & Comparative Law
No abstract provided.
The International Court And South West Africa: Latest Phase,
2016
University of Toronto
The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk
Georgia Journal of International & Comparative Law
No abstract provided.
Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality,
2016
George Washington University
Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality, Gary I. Strausberg
Georgia Journal of International & Comparative Law
No abstract provided.
Imagined Identities: Defining The Racial Group In The Crime Of Genocide,
2016
University of Oslo
Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas
Genocide Studies and Prevention: An International Journal
The provisions on genocide protect four exclusive, amongst others the racial, groups. Yet, international criminal tribunals are manifestly uncomfortable with collective groupings and interpret ‘race’ rather inconsistently. Nevertheless, there is a tendency to a subjective approach based upon the perpetrator’s perception of the targeted group. The victim’s membership is accordingly not determined objectively, but by the perception of differentness. This article incorporates the theory of imagined identities into law, thereby providing tribunals with a tool to define ‘race’. Its essence is that even if the group does not exist, it must be granted protection because of its perceived and thereby …
Globalization, Rights, And Judicial Review In The Supreme Court Of India,
2016
University of Washington School of Law
Globalization, Rights, And Judicial Review In The Supreme Court Of India, Manoj Mate
Washington International Law Journal
This article examines the broader and evolving role of the Supreme Court of India in an era of globalization by examining the Court’s decisionmaking in rights-based challenges to economic liberalization, privatization, and development policies over the past three decades. While the Court has been mostly deferential in its review of these policies and projects, it has in many cases been active and instrumental in remaking and reshaping regulatory frameworks, bureaucratic structures, accountability norms, and in redefining the terrain of fundamental rights that non-governmental organizations (NGOs) and other litigants have invoked in challenges to these policies. This article argues that the …
Predicate Offenses, Foreign Convictions, And Trusting Tribal Courts,
2016
Arent Fox LLP
Predicate Offenses, Foreign Convictions, And Trusting Tribal Courts, Alexander S. Birkhold
Michigan Law Review Online
Concerns about the reliability of criminal justice systems in foreign countries have resulted in uneven treatment of foreign convictions in U.S. courts. Federal courts, however, have historically accepted tribal court convictions as predicate offenses under recidivist statutes. But the Ninth Circuit Court of Appeals recently rejected the uncounseled convictions obtained against Michael Bryant, Jr., a serial domestic abuser, in the Northern Cheyenne Tribal Court. The court dismissed a federal indictment that had been brought against Bryant under 18 U.S.C § 117, which makes it a felony to commit domestic violence against a spouse or partner in Indian country if the …
Globalization, Rights And Judicial Review In The Supreme Court Of India,
2016
University at Buffalo School of Law
Globalization, Rights And Judicial Review In The Supreme Court Of India, Manoj Mate
Journal Articles
This article examines the broader and evolving role of the Supreme Court of India in an era of globalization by examining the Court’s decisionmaking in rights-based challenges to economic liberalization, privatization, and development policies over the past three decades. While the Court has been mostly deferential in its review of these policies and projects, it has in many cases been active and instrumental in remaking and reshaping regulatory frameworks, bureaucratic structures, accountability norms, and in redefining the terrain of fundamental rights that non-governmental organizations (NGOs) and other litigants have invoked in challenges to these policies. This article argues that the …
A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa,
2016
University of Michigan Law School
A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini
Michigan Law Review
Following a data breach, consumers suffer an increased risk of identity theft because of the exposure of their personal information. Limited protection by data-breach statutes has made it difficult for consumers to seek compensation for these injuries and penalize the companies that fail to protect their information, leading consumers to bring common law claims in court. Yet courts have disagreed about whether an increased risk of identity theft qualifies as an injury-in-fact under Article III standing principles: the Seventh and Ninth Circuits have approved of increased risk standing, while the Third Circuit has rejected it. The Supreme Court has further …
Introduction: Magistrate Judges And The Transformation Of The Federal Judiciary,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Introduction: Magistrate Judges And The Transformation Of The Federal Judiciary, Daniel W. Hamilton, Thomas O. Main
Nevada Law Journal
No abstract provided.
United States Magistrate Judges: Present But Unaccounted For,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
United States Magistrate Judges: Present But Unaccounted For, Philip M. Pro
Nevada Law Journal
The relationship between United States district judges and United States magistrate judges is unique within the American judiciary. United States magistrate judges are the first judges encountered in most federal civil or criminal cases and play an increasingly important role in the adjudication of virtually every case in United States district court. Yet, while the behavior of Article III judges has been the subject of active academic scrutiny, the behavior of magistrate judges, who are appointed to renewable eight-year terms by their Article III district judge colleagues, has largely been ignored.1 This paper reports the results of interviews of thirty-four …
Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon
Nevada Law Journal
Federal magistrate judges are a relatively new creation, officially dating back only to 1968 in a federal judicial system which dates to 1789. Unlike federal district and appellate judges, whose constitutional authority is rooted in Article III, federal magistrate judges are a creation of Congress through Article I. Since their inception as special masters, magistrate judges’ responsibilities have steadily grown, now presiding (with the parties’ consent) over civil as well as misdemeanor criminal trials. The institutional differences between magistrate and district judges are stark: selection, compensation, and tenure, to name a few. At the same time, the roles of these …
The Comparative Outputs Of Magistrate Judges,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Comparative Outputs Of Magistrate Judges, Christina L. Boyd
Nevada Law Journal
Do federal magistrate judges make different decisions and produce distinct judicial outputs from district judges? To provide initial empirical evidence on this question, this study utilizes federal district court data covering issue areas including employment discrimination, broader civil rights, intellectual-property rights, and personal-injury torts. The data indicate that magistrate judges are actively involved in civil cases, with as many as sixty-seven percent of cases having one or more magistrate judges serving in some role. These magistrate judges commonly preside over settlement conferences, decide discovery motions, issue reports and recommendations on dispositive motions, preside over status, management, and scheduling conferences, and …
"Nothing Less Than Indispensable": The Expansion Of Federal Magistrate Judge Authority And Utilization In The Past Quarter Century,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
"Nothing Less Than Indispensable": The Expansion Of Federal Magistrate Judge Authority And Utilization In The Past Quarter Century, Douglas A. Lee, Thomas E. Davis
Nevada Law Journal
No abstract provided.
How Bayesian Are Judges?,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
How Bayesian Are Judges?, Jack Knight, Mitu Gulati, David Levi
Nevada Law Journal
Judge Richard Posner famously modeled judges as Bayesians in his book, How Judges Think. A key element of being Bayesian is that one constantly updates with new information. This model of the judge who is constantly learning and updating, particularly about local conditions, is one of the reasons why the factual determinations of trial judges are given deference on appeal. But do judges in fact act like Bayesian updaters? Judicial evaluations of search warrant requests for probable cause provide an ideal setting to examine this question because judges in this context have access to information on how well they did …
Magistrate Judges, Settlement, And Procedural Justice,
2016
Texas A&M University School of Law
Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh
Nevada Law Journal
No abstract provided.
The Nevada Supreme Court Between 2010 And 2014,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Nevada Supreme Court Between 2010 And 2014, Jordan T. Smith
Nevada Law Journal
No abstract provided.
