Ghana’S Jury System On Trial,
2014
Duke Law
Ghana’S Jury System On Trial, Dennis D. Adjei
Duke Law Master of Judicial Studies Theses
Civil cases in Ghana are tried by the bench. Criminal cases are also handled by bench trials, except for certain indictable offenses, which may be tried by a judge or jury. Not all serious offenses are tried by jury. And a trend is developing away from jury to bench trials. For example, treason is punishable by death, but the case is determined in a bench trial by three High Court Judges. Robbery, which had been an indictable offense, is now tried by either jury or bench trial at the discretion of the Attorney-General; and prosecutors consistently have been opting for …
Leadership And Management Training In The North Carolina Judicial System: An Examination Of Identified Need,
2014
Duke Law
Leadership And Management Training In The North Carolina Judicial System: An Examination Of Identified Need, James E. Hardin Jr.
Duke Law Master of Judicial Studies Theses
The purpose of this paper is to ask whether North Carolina public service lawyers and judges believe that their judicial districts perform with maximum efficiency or whether there could be functional improvement with leadership and management training for system leaders, and with the perceived need of such training, as articulated by these professionals, what a general training model might look like. A brief examination of the institutionally provided leadership and management training offered to system leaders shows sparse resources are expended to develop leaders and train them so that they have the skills to direct individual organizations and change the …
Dissent Aversion At The Court Of Justice Of The European Union,
2014
Duke Law
Dissent Aversion At The Court Of Justice Of The European Union, Marsha C. Erb
Duke Law Master of Judicial Studies Theses
The Court of Justice of the European Union has jurisdiction over 28 politically, culturally and linguistically disparate member states in the interpretation and application of EU law. Throughout its 60-year history, the Court has banned publication of the separate opinions of its judges and their voting records favouring instead brief unsigned unanimous decisions achieved by majority vote. The CJEU defends its practice in the interests of protecting judicial independence and its own authority and legitimacy. The Court’s critics call for greater transparency by publishing dissenting opinions along the lines of the United States Supreme Court. The CJEU is one of …
District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents,
2014
University of Michigan
District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji
Michigan Telecommunications & Technology Law Review
Technological standards allow manufacturers and consumers to rely upon these agreed-upon basic systems to facilitate sales and further invention. However, where these standards involved patented technology, the process of standard-setting raises many concerns at the intersection of antitrust and patent law. As patent holders advocate for their patents to become part of technological standards, how should courts police this activity to prevent patent holdup and other anti-competitive practices? This Note explores the differing approaches to remedies employed by the United States International Trade Commission and the United States District Courts where standard-essential patents are infringed. This Note further proposes that …
Rethinking Notice,
2014
Boston Univeristy School of Law
Rethinking Notice, Jack M. Beermann
Shorter Faculty Works
APA § 553 (b)(3) requires agencies engaged in informal rulemaking to provide notice of "either the terms or substance of the proposed rule or a description of the subjects and issues involved." In most cases, agencies publish the complete text of their proposed rules, together with a preamble describing the need for the rule and the major considerations of policy and law that are raised by the proposal. Comments often convince agencies to make changes to their proposed rules. This, of course, is the whole point of the process. Difficulties arise, however, when, in reaction to comments, agencies promulgate rules …
The Law And Economics Of Stop-And-Frisk,
2014
Prof. of Law, Business Economics, and Public Policy, University of Pennsylvania Law School
The Law And Economics Of Stop-And-Frisk, David Abrams
Loyola University Chicago Law Journal
The relevant economic and legal research relating to police use of stop-and-frisk has largely been distinct. There is much to be gained by taking an interdisciplinary approach. This Essay emphasizes some of the challenges faced by those seeking to evaluate the efficacy and legality of stop-and-frisk, and suggests some ways forward and areas of exploration for future research
Sentencing Enhancement And The Crime Victim's Brain,
2014
McKnight Land-Grant Prof. & Assoc Prof. of Law, University of Minnesota.
Sentencing Enhancement And The Crime Victim's Brain, Francis X. Shen
Loyola University Chicago Law Journal
Criminal offenders who inflict serious bodily injury to another in the course of criminal conduct are typically sentenced more harshly than those who do not cause such injuries. But what if the harm caused is “mental” or “psychological” and not “physical”? Should the sentencing enhancement still apply? Federal and state courts are already wrestling with this issue, and modern neuroscience offers new challenges to courts’ analyses. This Article thus tackles the question: In light of current neuroscientific knowledge, when and how should sentencing enhancements for bodily injury include mental injuries? The Article argues that classification of “mental” as wholly distinct …
Amicus Brief In United States V. Windsor By Scholars For The Recognition Of Children's Constitutional Rights,
2014
Georgia State University College of Law
Amicus Brief In United States V. Windsor By Scholars For The Recognition Of Children's Constitutional Rights, Tanya Washington, Catherine Smith, Susannah Pollvogt
Scholarly Articles
This amicus brief filed by Scholars of the Constitutional Rights of Children in Windsor turns the spotlight on children in same-sex families. The brief enumerates the many ways Section 3 of DOMA impairs children's interests by denying federal recognition of their parents' marriages. The brief was cited in Respondent's Brief to the Supreme Court for its central thesis: children are a vulnerable demographic which deserves government action that serves their interests, not government action that impairs their interests.
Supreme Court Of The United States, October Term 2014 Preview,
2014
Georgetown University Law Center
Supreme Court Of The United States, October Term 2014 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Overviews
No abstract provided.
Clapper V. Amnesty International: Two Or Three Competing Philosophies Of Standing Law?,
2014
University of Tennessee College of Law
Clapper V. Amnesty International: Two Or Three Competing Philosophies Of Standing Law?, Bradford C. Mank
Tennessee Law Review
In its 2013 decision Clapper v. Amnesty International, the United States Supreme Court invoked separation-of-powers principles by holding that public interest groups alleging that the Government was spying on their foreign clients failed to demonstrate Article III standing because they could not prove that the future surveillance injury that they purportedly feared was "certainly impending." Justice Breyer's dissenting opinion argued that "commonsense" suggested that the Government was spying on the plaintiffs' foreign clients and proposed a "reasonable" or "high" probability standing test. Implicitly, the Clapper decision also presented a third approach to standing decisions. In footnote 5 of the opinion, …
A Primer On Professionalism For Doctrinal Professors,
2014
University of Tennessee College of Law
A Primer On Professionalism For Doctrinal Professors, Paula Schaefer
Tennessee Law Review
No abstract provided.
Resistance By Inferior Courts To Supreme Court's Second Amendment Decisions,
2014
University of Tennessee College of Law
Resistance By Inferior Courts To Supreme Court's Second Amendment Decisions, Alice Marie Beard
Tennessee Law Review
No abstract provided.
Contents,
2014
University of Tennessee College of Law
Buying The American Dream: Using Immigration Law To Bolster The Housing Market,
2014
University of Tennessee College of Law
Buying The American Dream: Using Immigration Law To Bolster The Housing Market, Kit Johnson
Tennessee Law Review
Escaping notice in debate about immigration reform is a proposal that would give residency visas to foreign nationals on the condition that they buy an expensive home. Proponents see visas as a simple way to shore up the U.S. housing market. Yet complications abound. This Article scrutinizes the history, logic, economics, and morals of the proposed homebuyer visa, as well as its intersection with state laws that restrict foreign ownership of land.
Table Of Cases,
2014
University of Tennessee College of Law
Contents,
2014
University of Tennessee College of Law
The Curious Case Of The Secondary Market With Respect To Investor Protection,
2014
University of Tennessee College of Law
The Curious Case Of The Secondary Market With Respect To Investor Protection, Adi Osovsky
Tennessee Law Review
No abstract provided.
Contents,
2014
University of Tennessee College of Law
Could Windsor Revive Federalism? The States' Right To Protect Citizens Following Doma's Demise,
2014
University of Tennessee College of Law
Could Windsor Revive Federalism? The States' Right To Protect Citizens Following Doma's Demise, Mark A. Fulks, Ronald S. Range Iii
Tennessee Law Review
The United States Supreme Court's decision in United States v. Windsor was perhaps the most anticipated decision of the October 2012 Term. By invalidating the Defense of Marriage Act (DOMA), the Court settled one hotly debated issue. But the Court's rationale gives rise to a litany of questions. Under the rubric of the Fifth Amendment, the Court invalidated a federal statute that denied certain citizens the right to liberty, which was rooted in the state's definition of marriage, and the equal dignity the state sought to protect. In doing so, the Court announced a new test to determine where supreme …
Criminal Procedure-Capital Punishment-Motions To Reopen Petitions For Post-Conviction Relief,
2014
University of Tennessee College of Law
Criminal Procedure-Capital Punishment-Motions To Reopen Petitions For Post-Conviction Relief, Jacob Spangler
Tennessee Law Review
No abstract provided.
