Keynote Address: Secret Agents: Using Law Clerks Effectively,
2014
Marquette University Law School
Keynote Address: Secret Agents: Using Law Clerks Effectively, David R. Stras
Marquette Law Review
Recent scholarship discusses the role of law clerks and their role in influencing the courts on which they work. This Keynote Address discusses the nuts and bolts of law clerks, including how they are selected, what role they play on various courts, and their potential opportunities for influence.
Constitutional Law—Arkansas’S Current Procedural Rulemaking Conundrum: Attempting To Quell The Political Discord,
2014
University of Arkansas Little Rock
Constitutional Law—Arkansas’S Current Procedural Rulemaking Conundrum: Attempting To Quell The Political Discord, Sevawn Foster
University of Arkansas at Little Rock Law Review
No abstract provided.
Extended Vacancies, Crushing Caseloads, And Emergency Panels In The Federal Courts Of Appeals,
2014
University of Arkansas Little Rock
Extended Vacancies, Crushing Caseloads, And Emergency Panels In The Federal Courts Of Appeals, Andrew L. Adler
The Journal of Appellate Practice and Process
No abstract provided.
A Comprehensive Administrative Solution To The Armed Career Criminal Act Debacle ,
2014
University of Michigan Law School
A Comprehensive Administrative Solution To The Armed Career Criminal Act Debacle , Avi M. Kupfer
Michigan Law Review
For thirty years, the Armed Career Criminal Act (“ACCA”) has imposed a fifteen-year mandatory minimum sentence on those people convicted as felons in possession of a firearm or ammunition who have three prior convictions for a violent felony or serious drug offense. Debate about the law has existed mainly within a larger discussion on the normative value of mandatory minimums. Assuming that the ACCA endures, however, administering it will continue to be a challenge. The approach that courts use to determine whether past convictions qualify as ACCA predicate offenses creates ex ante uncertainty and the potential for intercourt disparities. Furthermore, …
Substantive Habeas,
2014
University of Michigan Law School
Substantive Habeas, Kimberly A. Thomas
Articles
Substantive Habeas identifies the US. Supreme Court's recent shift in its habeas jurisprudence from procedure to the substance of habeas review and explores the implications of this change. For decades, the US. Supreme Court has attempted to control the flood of habeas corpus petitions by imposing procedural requirements on prisoners seeking to challenge constitutional error in their cases. These restrictive procedural rules have remained at the center of habeas decision making until recently. Over the past few years, instead of further constraining the procedural gateway for habeas cases, the Supreme Court has shifted its focus to the substance of habeas. …
Commentaries On The Iaals' Honoring Families Initiative White Paper,
2014
University of Baltimore School of Law
Commentaries On The Iaals' Honoring Families Initiative White Paper, Barbara A. Babb
All Faculty Scholarship
Family courts are not likely to disappear, as they currently constitute the largest proportion of trial court filings in most states. It appears as though family courts have become an emergency room for family problems. Thus, we need to enhance our efforts to improve the family justice system. In order to revamp family courts most effectively, there must be a focus on the creation of unified family courts that are grounded in therapeutic jurisprudence and the ecology of human development. This framework allows for a more responsive and holistic approach to families' legal and underlying nonlegal needs. The goal of …
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India,
2014
Pepperdine University
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield
Pepperdine Dispute Resolution Law Journal
The article offers information on the history, development and significance of international arbitration in India. It analyzes the decision of the Indian Supreme Court in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., which marks the era of major changes in Indian law regarding international arbitration. It mentions that development of Indian arbitration law enhances global standards and attitudes toward international dispute resolution in India.
The Use Of Mediation To Settle Prisoner Grievances In Federal Court,
2014
Pepperdine University
The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns
Pepperdine Dispute Resolution Law Journal
This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.
International Norms In Constitutional Law,
2014
University of Georgia School of Law
International Norms In Constitutional Law, Michael Wells
Georgia Journal of International & Comparative Law
No abstract provided.
The Use Of International Sources In Constitutional Opinion,
2014
University of Georgia School of Law
The Use Of International Sources In Constitutional Opinion, Daniel Bodansky
Georgia Journal of International & Comparative Law
No abstract provided.
Separation Of Powers Crisis: The Case Of Argentina,
2014
Georgetown University Law Center
Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla
Georgia Journal of International & Comparative Law
No abstract provided.
Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?,
2014
Pepperdine University
Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi
Pepperdine Dispute Resolution Law Journal
After an introduction in chapter one, the second chapter of this article presents statistics regarding the phenomenon of domestic violence and presents the definition of “violence” (with its attendant difficulties). The third chapter presents the existing problems regarding the judicial handling of divorce cases in general and those involving violence in particular. The fourth chapter analyzes the academic discourse regarding the issue of mediation of divorce cases involving violence (the position of the proponents and the opponents, as well as the problems of the current situation). The fifth chapter proposes med-arb as addressing the issue of divorce mediation in the …
A Cautionary Tale: Examining The Use Of Military Tribunals By The United States In The Aftermath Of The September 11 Attacks In Light Of Peru's History Of Human Rights Abuses Resulting From Similar Measures,
2014
University of Georgia School of Law
A Cautionary Tale: Examining The Use Of Military Tribunals By The United States In The Aftermath Of The September 11 Attacks In Light Of Peru's History Of Human Rights Abuses Resulting From Similar Measures, Jim Davis
Georgia Journal of International & Comparative Law
No abstract provided.
Equality And The European Union,
2014
Seton Hall University School of Law
Equality And The European Union, Elizabeth F. Defeis
Georgia Journal of International & Comparative Law
No abstract provided.
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts' Equality Jurisprudence,
2014
Touro College
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts' Equality Jurisprudence, Eileen Kaufman
Georgia Journal of International & Comparative Law
No abstract provided.
Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria,
2014
University of Georgia School of Law
Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose
Georgia Journal of International & Comparative Law
No abstract provided.
Vladimir Putin And The Rule Of Law In Russia,
2014
Southern Methodist University
Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Precedents In The Federal Judiciary: The Case Of The World Trade Organization's Dsb Decisions,
2014
Albany Law School
Foreign Precedents In The Federal Judiciary: The Case Of The World Trade Organization's Dsb Decisions, James Thuo Gathii
Georgia Journal of International & Comparative Law
No abstract provided.
A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction,
2014
University of Georgia School of Law
A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie
Georgia Journal of International & Comparative Law
No abstract provided.
Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon,
2014
Ohio State University
Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley
Georgia Journal of International & Comparative Law
No abstract provided.
