Are You Networked Yet? On Dialogues Within European Judicial Networks,
2012
Maastricht University
Are You Networked Yet? On Dialogues Within European Judicial Networks, Monica Claes, Maartje De Visser
Research Collection Yong Pung How School Of Law
The article examines the modality of judicial dialogue and the practical workings of less institutionalized judicial networks in Europe. Topics discussed include the definition of constitutional pluralism, network, and dialogue, the participation of judges in judicial networks, and the relationship between the Court of Justice of the European Union (CJEU) and the national courts.
Naming The Judicial Terrorist: An Exposé Of An Abuser's Successful Use Of A Judicial Proceeding For Continued Domestic Violence,
2012
University of Central Florida
Naming The Judicial Terrorist: An Exposé Of An Abuser's Successful Use Of A Judicial Proceeding For Continued Domestic Violence, Donna King
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Two Cheers For The Constitution Of The United States: A Response To Professor Lee J. Strang,
2012
1567
Two Cheers For The Constitution Of The United States: A Response To Professor Lee J. Strang, Patrick Mckinley Brennan
Working Paper Series
This article is an invited response to Professor Lee Strang’s article Originalism and the Aristotelian Tradition: Virtue’s Home in Originalism, 80 Fordham L. Rev. 1997 (2012). Strang defends original public meaning originalism from a virtue theoretic perspective that he traces to the “central Western tradition” and ultimately to Aristotle. I reply that those committed to that tradition do better (1) to reject original pubic meaning originalism, (2) to embrace some version of original intent originalism, and (3) to defend the original intent meaning of the U.S. Constitution only with important reservations and on certain conditions. The original sin of …
Foreign Affairs Federalism And The Limits On Executive Power,
2012
University of Chicago Law School
Foreign Affairs Federalism And The Limits On Executive Power, Zachary D. Clopton
Michigan Law Review First Impressions
On February 23 of this year, the Ninth Circuit Court of Appeals invalidated a California statute permitting victims of the Armenian genocide to file insurance claims, finding that the state's use of the label "Genocide" intruded on the federal government's conduct of foreign affairs. This decision, Movsesian v. Versicherung AG, addresses foreign affairs federalism—the division of authority between the states and the federal government. Just one month later, the Supreme Court weighed in on another foreign affairs issue: the separation of foreign relations powers within the federal government. In Zivotofsky v. Clinton, the Supreme Court ordered the lower courts to …
Terrace V. Thompson And The Legacy Of Manifest Destiny,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Terrace V. Thompson And The Legacy Of Manifest Destiny, Jean Stefancic
Nevada Law Journal
No abstract provided.
Lassiter V. Department Of Social Services: Why Is It Such A Lousy Case?,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Lassiter V. Department Of Social Services: Why Is It Such A Lousy Case?, Brooke D. Coleman
Nevada Law Journal
No abstract provided.
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Nevada Law Journal
No abstract provided.
Hustler V. Falwell: Worst Case In The History Of The World, Maybe The Universe,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Hustler V. Falwell: Worst Case In The History Of The World, Maybe The Universe, John M. Kang
Nevada Law Journal
No abstract provided.
The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law,
2012
University of Missouri - Kansas City, School of Law
The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski
Faculty Works
In this Article, we argue that the Supreme Court should route most Federal Rules of Civil Procedure issues through the notice-and-comment rulemaking process of the Civil Rules Advisory Committee instead of issuing judgments in adjudications, unless the case can be resolved solely through the deployment of traditional tools of statutory construction. While we are not the first to express a preference for rulemaking on civil procedure issues, we advance the position in four significant ways. First, we argue that the Supreme Court in the civil procedure arena is vested with powers analogous to most administrative agencies. Second, building upon this …
Congress, The Constitution, And
Supreme Court Recusal,
2012
Washington and Lee University School of Law
Congress, The Constitution, And Supreme Court Recusal, Louis J. Virelli Iii
Washington and Lee Law Review
Recusal is one of the most hotly contested issues facing the Supreme Court. From the wide-ranging debate over Supreme Court recusal, however, a singular theme has emerged: Congress must do more to protect the integrity and legitimacy of the Court by regulating the Justices’ recusal practices. Herein lies the problem. Rather than solve the puzzle of Supreme Court recusal, direct congressional regulation has created an impasse between Congress and the Court that has consequences for the reputation, efficacy, and legitimacy of both Branches. In a precursor to this Article, I recast the issue of Supreme Court recusal as a constitutional …
Blackmun (And Scalia) At The Bat: The Court's Separation-Of-Powers Strike Out In Freytag,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Blackmun (And Scalia) At The Bat: The Court's Separation-Of-Powers Strike Out In Freytag, Tuan Samahon
Nevada Law Journal
No abstract provided.
The European Convention On Human Rights And National Constitutional Reordering,
2012
Yale Law School
The European Convention On Human Rights And National Constitutional Reordering, Alec Stone Sweet
Cardozo Law Review
No abstract provided.
The Worst Supreme Court Case Ever? Identifying, Assessing, And Exploring Low Moments Of The High Court,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Worst Supreme Court Case Ever? Identifying, Assessing, And Exploring Low Moments Of The High Court, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Naim V. Naim,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Carnival Cruise Lines, Inc. V. Shute: The Titanic Of Worst Decisions,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Carnival Cruise Lines, Inc. V. Shute: The Titanic Of Worst Decisions, Linda S. Mullenix
Nevada Law Journal
No abstract provided.
Contract Law Walks The Plank: Carnival Cruise Lines, Inc. V. Shute,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Contract Law Walks The Plank: Carnival Cruise Lines, Inc. V. Shute, Charles L. Knapp
Nevada Law Journal
No abstract provided.
Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin
Nevada Law Journal
No abstract provided.
Ashcroft V. Iqbal: Contempt For Rules, Statutes, The Constitution, And Elemental Fairness,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Ashcroft V. Iqbal: Contempt For Rules, Statutes, The Constitution, And Elemental Fairness, Steve Subrin
Nevada Law Journal
No abstract provided.
On Teaching Conflicts And Why I Dislike Allstate Insurance Co. V. Hague,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
On Teaching Conflicts And Why I Dislike Allstate Insurance Co. V. Hague, Thomas O. Main
Nevada Law Journal
No abstract provided.
Ricci V. Destefano: Diluting Disparate Impact And Redefining Disparate Treatment,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Ricci V. Destefano: Diluting Disparate Impact And Redefining Disparate Treatment, Ann C. Mcginley
Nevada Law Journal
No abstract provided.
