Lynch And The Lunacy Of Secularized Religion,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Lynch And The Lunacy Of Secularized Religion, Frederick Mark Gedicks
Nevada Law Journal
No abstract provided.
Nigro V. United States: The Most Disingenuous Supreme Court Opinion, Ever,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Nigro V. United States: The Most Disingenuous Supreme Court Opinion, Ever, A. Christopher Bryant
Nevada Law Journal
No abstract provided.
Globe Refining Co. V. Landa Cotton Oil Co. And The Dark Side Of Reputation,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Globe Refining Co. V. Landa Cotton Oil Co. And The Dark Side Of Reputation, Larry T. Garvin
Nevada Law Journal
No abstract provided.
Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Circumstance And Strategy: Jointly Authored Supreme Court Opinions,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Circumstance And Strategy: Jointly Authored Supreme Court Opinions, Laura Krugman Ray
Nevada Law Journal
No abstract provided.
Stare Decisis In The Inferior Courts Of The United States,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Stare Decisis In The Inferior Courts Of The United States, Joseph W. Mead
Nevada Law Journal
No abstract provided.
Does The Judge Matter? Exploiting Random Assignment On A Court Of Last Resort To Assess Judge And Case Selection Effects,
2012
Cornell Law School
Does The Judge Matter? Exploiting Random Assignment On A Court Of Last Resort To Assess Judge And Case Selection Effects, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi
Cornell Law Faculty Publications
We study 1,410 mandatory jurisdiction and 48 discretionary jurisdiction criminal law case outcomes in cases appealed to the Israel Supreme Court in 2006 and 2007 to assess influences on case outcomes. A methodological innovation is accounting for factors - case specialization, seniority, and workload - that modify random case assignment. To the extent one accounts for nonrandom assignment, one can infer that case outcome differences are judge effects. In mandatory jurisdiction cases, individual justices cast 3,986 votes and differed by as much as 15 percent in the probability of casting a vote favoring defendants. Female justices were about 2 to …
The Diverging Approach To Price Squeezes In The United States And Europe,
2012
Cornell Law School
The Diverging Approach To Price Squeezes In The United States And Europe, George A. Hay, Kathryn Mcmahon
Cornell Law Faculty Publications
Notwithstanding assertions of greater harmonization and convergence between United States and European Union competition law, recent case law has identified significant differences in their approaches to the regulation of a price or margin squeeze. In the US after linkLine the likelihood of a successful claim has been significantly diminished, particularly if there has been no prior course of voluntary dealing and no downstream predatory pricing. In contrast, in a series of decisions in liberalized telecommunications markets, the EU Courts in applying an “as efficient competitor test” have focused on the preservation of competitive rivalry as “equality of opportunity.” This significantly …
Rethinking Federal Circuit Jurisdiction,
2012
Boston University School of Law
Rethinking Federal Circuit Jurisdiction, Paul Gugliuzza
Faculty Scholarship
Thirty years ago, Congress created the Federal Circuit for the overriding purpose of bringing uniformity to patent law. Yet less than half of the court’s cases are patent cases. Most Federal Circuit cases involve veterans benefits, government-employment actions, government contracts, and other matters. Although existing literature purports to study the Federal Circuit as an institution, these projects focus largely on the court’s patent cases. This Article, by contrast, considers whether the court’s nonpatent docket might affect the development of patent law and whether the court’s specialization in patent law has consequences for how it decides nonpatent cases.
These inquiries result …
Hiding Behind The Cloak Of Invisibility: The Supreme Court And Per Curiam Opinions,
2012
American University Washington College of Law
Hiding Behind The Cloak Of Invisibility: The Supreme Court And Per Curiam Opinions, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Per curiam--literally translated from Latin to "by the court"-is defined by Black's Law Dictionary as "[a]n opinion handed down by an appellate court without identifying the individual judge who wrote the opinion." Accordingly the author of a per curiam opinion is meant to be institutional rather than individual, attributable to the court as an entity rather than to a single judge The United States Supreme Court issues a significant number of per curiam dispositions each Term. In the first six years of Chief Justice John Roberts’ tenure, almost nine percent of the Court full opinions were per curiams. The prevalence …
Assessing Divisibility In The Armed Career Criminal Act,
2012
University of Michigan Law School
Assessing Divisibility In The Armed Career Criminal Act, Ted Koehler
Michigan Law Review
When courts analyze whether a defendant's prior conviction qualifies as a "violent felony" under the Armed Career Criminal Act's "residual clause," they use a "categorical approach," looking only to the statutory language of the prior offense, rather than the facts disclosed by the record of conviction. But when a defendant is convicted under a "divisible" statute, which encompasses a broader range of conduct, only some of which would qualify as a predicate offense, courts may employ the "modified categorical approach." This approach allows courts to view additional documents to determine whether the jury convicted the defendant of the Armed Career …
Constitutionalism Beyond The State? The Administrative Character Of European Governance Revisited,
2012
University of Connecticut School of Law
Constitutionalism Beyond The State? The Administrative Character Of European Governance Revisited, Peter L. Lindseth
Cardozo Law Review
No abstract provided.
Supreme Court Institute Annual Report, 2011-2012,
2012
Georgetown University Law Center
Supreme Court Institute Annual Report, 2011-2012, Georgetown University Law Center, Supreme Court Institute
SCI Papers & Reports
During the 2011-2012 academic year--corresponding to the U.S. Supreme Court’s October Term (OT) 2011--the Supreme Court Institute (SCI) provided moot courts for advocates in over 94% of the cases heard by the Court this Term and offered over a dozen programs related to the Supreme Court. All SCI moot courts held in OT 2011, listed by sitting and date of moot, and including the name and affiliation of each advocate and the number of student observers, follows the narrative portion of this report.
Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny,
2012
Pepperdine University
Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny, R. Randall Kelso, Charles D. Kelso
Pepperdine Law Review
No abstract provided.
Enforcement And Recognition Of Foreign Judgments In United States Courts: A Practical Perspective ,
2012
Pepperdine University
Enforcement And Recognition Of Foreign Judgments In United States Courts: A Practical Perspective , Cedric C. Chao, Christine S. Neuhoff
Pepperdine Law Review
No abstract provided.
Safeguarding The Safeguards: The Aca Litigation And The Extension Of Structural Protection To Non-Fundamental Liberties,
2012
Cleveland State University College of Law
Safeguarding The Safeguards: The Aca Litigation And The Extension Of Structural Protection To Non-Fundamental Liberties, Abigail R. Moncrieff
Law Faculty Articles and Essays
As the lawsuits challenging the Patient Protection and Affordable Care Act (ACA) have evolved, one feature of the litigation has proven especially rankling to the legal academy: the courts' incorporation of substantive libertarian concerns into their structural federalism analyses. The breadth and depth of scholarly criticism is surprising, especially given that judges frequently choose indirect methods, including the structural and processbased methods at issue in the ACA litigation, for protecting substantive constitutional values. Indeed, indirect protection of constitutional liberties is a well-known and well-theorized strategy, which one scholar recently termed "semisubstantive review" and another theorized as "judicial manipulation of legislative …
Issue 4: Table Of Contents,
2012
University of Richmond
The Lost Controversy Limitation Of The Federal Arbitration Act,
2012
Widener University School of Law
The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen R. Friedman
University of Richmond Law Review
No abstract provided.
A Failing Correctional System: State Prison Overcrowding In The United States,
2012
Salve Regina University
A Failing Correctional System: State Prison Overcrowding In The United States, Susan M. Campers
Pell Scholars and Senior Theses
State prison overcrowding has grown into a detrimental problem within our American penal system, such that after decades of being ignored by politicians, media outlets, and the lower court system, it has resulted in an ineffective and overcrowded correctional system that craves reformation.
The Lay Of The Land: Examining The Three Opinions In J. Mcintyre Machinery, Ltd. V. Nicastro,
2012
Texas A&M University School of Law
The Lay Of The Land: Examining The Three Opinions In J. Mcintyre Machinery, Ltd. V. Nicastro, Adam N. Steinman
Faculty Scholarship
It was a long time coming. The Supreme Court's decisions last Term in J. McIntyre Machinery, Ltd. v. Nicastro and Goodyear Dunlop Tires Operations, S.A. v. Brown ended a two-decade high-court hiatus from the subject of personal jurisdiction. In McIntyre, the more controversial of the two, the Court concludes that New Jersey state courts lacked jurisdiction over a British manufacturer in a suit by a New Jersey plaintiff who was injured in New Jersey by a machine purchased by his New Jersey employer. McIntyre lacks a majority opinion, however. Instead we have a four-Justice plurality authored by Justice Kennedy, a …
