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Response: Means, Ends, And Institutions, Charlton C. Copeland 2014 University of Miami School of Law

Response: Means, Ends, And Institutions, Charlton C. Copeland

Articles

No abstract provided.


Tribute To Randall Shepard, Kevin D. Brown 2014 Indiana University Maurer School of Law

Tribute To Randall Shepard, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


(Un)Appealing Deference To The Tax Court, Leandra Lederman 2014 Indiana University Maurer School of Law

(Un)Appealing Deference To The Tax Court, Leandra Lederman

Articles by Maurer Faculty

The U.S. Tax Court (Tax Court), which hears the vast majority of litigated federal tax cases, occupies an unusual place in the federal government. It is a federal court located outside of the judicial branch, but its decisions are appealable to the federal courts of appeals. This odd structure, coupled with the court's history as an independent agency in the executive branch, can give rise to important questions, such as the standard of review that should apply to its decisions. In particular, should the courts of appeals treat Tax Court decisions the same as those of district courts in tax …


Restructuring The U.S. Tax Court: A Reply To Stephanie Hoffer And Christopher Walker's The Death Of Tax Court Exceptionalism, Leandra Lederman 2014 Indiana University Maurer School of Law

Restructuring The U.S. Tax Court: A Reply To Stephanie Hoffer And Christopher Walker's The Death Of Tax Court Exceptionalism, Leandra Lederman

Articles by Maurer Faculty

This article is an invited reply to an article in the Minnesota Law Review regarding whether the “reviewing court” provisions of the Administrative Procedure Act (APA) apply to the U.S. Tax Court, the principal court hearing disputes between taxpayers and the IRS. (The Tax Court has repeatedly said that the APA does not apply to it). It argues in part that the question of whether the Tax Court must apply the APA’s standard and scope of review when reviewing IRS action is not as clear as a matter of history and doctrine as Professors Hoffer and Walker argue. The author …


Balancing Security And Privacy In 21st Century America: A Framework For Fisa Court Reform, 47 J. Marshall L. Rev. 1453 (2014), Daniel Cetina 2014 UIC School of Law

Balancing Security And Privacy In 21st Century America: A Framework For Fisa Court Reform, 47 J. Marshall L. Rev. 1453 (2014), Daniel Cetina

UIC Law Review

No abstract provided.


Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian 2014 Unviersity of California, Berkeley School of Law

Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian

University of Michigan Journal of Law Reform

This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates the …


The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank 2014 Barry University

The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank

Faculty Scholarship

No abstract provided.


"So Help Me?": Religious Expression And Artifacts In The Oath Of Office And The Courtroom Oath, Frederick B. Jonassen 2014 Barry University

"So Help Me?": Religious Expression And Artifacts In The Oath Of Office And The Courtroom Oath, Frederick B. Jonassen

Faculty Scholarship

No abstract provided.


Leadership And Management Training In The North Carolina Judicial System: An Examination Of Identified Need, James E. Hardin Jr. 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 …


Nlrb V. Noel Canning Presents A Nonjusticiable Political Question, Victor Williams 2014 Columbus School of Law, Catholic University of America

Nlrb V. Noel Canning Presents A Nonjusticiable Political Question, Victor Williams

Cardozo Law Review de•novo

This Article argues that the Noel Canning challenge to the President’s use of his recess appointment authority presents a nonjusticiable political question. The work draws from arguments developed for this author’s Supreme Court amicus briefs in Noel Canning, other amicus briefs lodged during the past year for related actions in the Third, Fourth, Seventh, Ninth, and D.C. Circuits, and a variety of this author’s commentary on federal appointments.


Constitutional Conflict And Congressional Oversight, Andrew McCanse Wright 2014 Marquette University Law School

Constitutional Conflict And Congressional Oversight, Andrew Mccanse Wright

Marquette Law Review

In matters of oversight, Congress and the President have fundamentally incompatible views of their institutional roles within the constitutional structure. This Article offers an explanation of divergent branch behavior and legal doctrine. Congress, much like a party to litigation, views itself as having fixed substantive rights to obtain desired information from the Executive and private parties. In contrast, the Executive views itself like a party to a business transaction, in which congressional oversight requests are the opening salvo in an iterative negotiation process to resolve competing interests between co-equal branches. In general, legislators want to litigate and executive officers want …


The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering, Mark A. Drumbl 2014 Washington and Lee University School of Law

The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering, Mark A. Drumbl

Scholarly Articles

On March 14, 2012, a trial chamber of the International Criminal Court (ICC) convicted Thomas Lubanga Dyilo, a rebel leader from the Democratic Republic of the Congo, for child-soldier-related crimes. Some months later, Lubanga was sentenced to a prison term of fourteen years. On August 7, 2012, an ICC trial chamber issued its decision regarding the principles and procedures to be applied to reparations in the Lubanga case. This Article unpacks the relationships between the Lubanga proceedings and how the international community conceptualizes, and strives to prevent, child soldiering. This Article contends that the Lubanga proceedings reinforce, and incubate, a …


Setting A Precedent About Precedent: William Richman On Federal Appellate Justice, Amy E. Sloan 2014 University of Baltimore School of Law

Setting A Precedent About Precedent: William Richman On Federal Appellate Justice, Amy E. Sloan

All Faculty Scholarship

This paper is a tribute to Professor William Richman's scholarship on appellate practice in honor of his retirement.


Mapping Supreme Court Doctrine: Civil Pleading, Scott Dodson, Colin Starger 2014 University of California Hastings College of the Law

Mapping Supreme Court Doctrine: Civil Pleading, Scott Dodson, Colin Starger

All Faculty Scholarship

This essay, adapted from the video presentation available on Vimeo as #89845875, graphically depicts the genealogy and evolution of federal civil pleading standards in U.S. Supreme Court opinions over time. We show that the standard narrative — of a decline in pleading liberality from Conley to Twombly to Iqbal — is complicated by both progenitors and progeny. We therefore offer a fuller picture of the doctrine of Rule 8 pleading that ought to be of use to judges and practitioners in federal court. We also hope, through the video presentation, to introduce a new visual format for academic scholarship that …


How To Talk About Sentencing Policy--And Not Disparity, Nancy Gertner Judge 2014 Faculty, Harvard Law School

How To Talk About Sentencing Policy--And Not Disparity, Nancy Gertner Judge

Loyola University Chicago Law Journal

No abstract provided.


Threats And Bullying By Prosecutors, Bennett L. Gershman 2014 Professor of Law, Pace University

Threats And Bullying By Prosecutors, Bennett L. Gershman

Loyola University Chicago Law Journal

No abstract provided.


The Economic Perspective On Sentencing, Joshua B. Fischman 2014 Assoc. Prof., Northwestern University School of Law

The Economic Perspective On Sentencing, Joshua B. Fischman

Loyola University Chicago Law Journal

Although economists have been actively engaged in research on criminal sentencing, the synergies between the two fields are hardly obvious. This Essay considers what economists have to contribute to the study of sentencing. One common explanation—that economists’ use of rational choice modeling has applicability to the study of deterrence—does not adequately account for much of the sentencing research that economists are producing. This Essay considers two alternative explanations. First, empirical research in both fields is predominately observational. Due to practical limits on controlled experimentation, economists have developed a variety of tools for making causal inferences from observational data, many of …


Ice Cube Bonds: Allocating The Price Of Process In Chapter 11 Bankruptcy, Edward J. Janger, M. B. Jacoby 2014 Brooklyn Law School

Ice Cube Bonds: Allocating The Price Of Process In Chapter 11 Bankruptcy, Edward J. Janger, M. B. Jacoby

Faculty Scholarship

No abstract provided.


The Critical Nature Of Verbal Leaks And Nonverbal Signals During Bargaining Interactions, Charles B. Craver 2014 George Washington University Law School

The Critical Nature Of Verbal Leaks And Nonverbal Signals During Bargaining Interactions, Charles B. Craver

Cardozo Journal of Conflict Resolution

When individuals negotiate, they communicate with each other in person, over the telephone, or through e-mail and text exchanges. Proficient negotiators carefully prepare for such interactions, and they endeavor to choose their words carefully to convey the precise messages they intend to communicate. Despite these efforts, however, they frequently include inadvertent modifiers that undermine what they appear to be saying. Persons who listen carefully for such "verbal leaks" can gain a significant bargaining advantage.


Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill

Scholarly Works

The federal government has expressed fear that immigrants abuse the appellate process to delay their deportations by filing meritless petitions for review with the federal courts. Some courts have responded to these concerns by imposing stricter standards for issuing stays of removal, so that the government can more easily deport petitioners even while their appeals remain pending. The risk with this approach is that immigrants who ultimately prevail may be erroneously deported. What is often overlooked is that the potential for abuse is really a function of time, with longer appeals posing a greater threat to immigration enforcement. This study …


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