The Judicial Duty To Give Reasons: Thong Ah Fat V Public Prosecutor [2011] Sgca 65,
2011
Singapore Management University
The Judicial Duty To Give Reasons: Thong Ah Fat V Public Prosecutor [2011] Sgca 65, Siyuan Chen
Research Collection Yong Pung How School Of Law
The accused was charged under the Misuse of Drugs Act after being found with 142.41 grams of diamorphine at the Woodlands Checkpoint. The High Court Judge found the accused guilty and sentenced him to death in a brief judgment of five paragraphs. The Court of Appeal, however, ordered a retrial as it was of the view that the Judge’s reasoning was “unclear” and the “judicial duty to give reasoned decisions” was not discharged
Split Definitive,
2011
William & Mary Law School
Split Definitive, Lawrence Baum, Neal Devins
Popular Media
For the first time in a century, the Supreme Court is divided solely by political party.
In Memoriam: The Honorable Leroy Rountree Hassell, Sr.,
2011
Senior Justice, Virginia Supreme Court
In Memoriam: The Honorable Leroy Rountree Hassell, Sr., Hon. Harry L. Carrico
University of Richmond Law Review
Leroy Rountree Hassell, Sr. passed away on February 9, 2011. News of his death devastated those of us associated with him onthe Supreme Court of Virginia. We had lost a dear friend, one always conscious of the needs of his associates and anxious about making sure they were comfortable. Even more, the court lost its peerless leader, and the people of the Commonwealth of Virginialost a dedicated public servant. He will be sorely missed in allcorners of our great state.
Finding The Appropriate Mode Of Dispute Resolution: Introducing Neutral Evaluation In The Subordinate Courts,
2011
Singapore Management University
Finding The Appropriate Mode Of Dispute Resolution: Introducing Neutral Evaluation In The Subordinate Courts, Dorcas Quek Anderson, Chi-Ling Seah
Research Collection Yong Pung How School Of Law
The Alternative Dispute Resolution (ADR) movement has gained significant traction over the last three decades and has been expanding at a rapid pace in many common law jurisdictions. The allure of ADR lies, in large part, in its recognition of litigants’ desire for self-determination and autonomy in resolving their disputes. ADR became even more attractive as dissatisfaction with the traditional court system grew. In the seminal Roscoe Pound Conference on Popular Causes of Dissatisfaction with the Administration of Justice in USA, the changing role of the courts was highlighted, casting ADR further into the spotlight.i Instead of offering only adjudication …
Shutting The Black Door: Using American Needle To Cure The Problem Of Improper Product Definition,
2011
University of Michigan Law School
Shutting The Black Door: Using American Needle To Cure The Problem Of Improper Product Definition, Daniel A. Schwartz
Michigan Law Review
Section 1 of the Sherman Act is designed to protect competition by making illegal any agreement that has the effect of limiting consumer choice. To make this determination, courts first define the product at issue and then consider the challenged restraint's impact on the market in which that product competes. When considering § 1 allegations against sports leagues, courts have tended to define products according to the structure of the leagues. The result of this tendency is that harm to competition between the leagues' teams is not properly accounted for in the courts' analyses. This, in turn, grants leagues a …
Transnational Class Actions And The Illusory Search For Res Judicata,
2011
Roger Williams University School of Law
Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier
Law Faculty Scholarship
The transnational class action-a class action in which a portion of the class consists of non-US claimants-is here to stay Defendants typically resist the certification of transnational class actions on the basis that such actions provide no assurance of finality for a defendant, as it will always be possible for a non-U.S. class member to initiate subsequent proceedings in a foreign court. In response to this concern, many U.S. courts will analyze whether the "home" courts of the foreign class members would accord res judicata effect to an eventual U.S. judgment prior to certifying a U.S. class action containing foreign …
Advance, Winter 2011,
2011
San Jose State University
Advance, Winter 2011, San Jose State University, Department Of Justice Studies
Advance (Justice Studies)
News from the San Jose State University Record Clearance Project
Juror Investigation: Is In-Courtroom Internet Research Going Too Far?,
2011
University of Washington School of Law
Juror Investigation: Is In-Courtroom Internet Research Going Too Far?, Duncan Stark
Washington Journal of Law, Technology & Arts
Lawyers traditionally have conducted research on potential jurors outside the courtroom as part of voir dire. But as wireless Internet access becomes ubiquitous, attorneys are increasingly likely to conduct juror research inside the courtroom, including during voir dire itself. In the August 2010 decision Carino v. Muenzen, a New Jersey appeals court held that a trial court judge erred when he told a lawyer to close his laptop during voir dire, reasoning that there was no disruption, no resulting prejudice, and no rule against researching jurors online during the proceeding. This Article examines the Carino decision and the issue …
The Garcetti Virus,
2011
University of Baltimore School of Law
The Garcetti Virus, Nancy M. Modesitt
All Faculty Scholarship
In an era where corporate malfeasance has imposed staggering costs on society, ranging from the largest oil spill in recorded history to the largest government bailout of Wall Street, one would think that those who uncover corporate wrongdoing before it causes significant harm should receive awards. Employees are particularly well-placed to uncover such wrongdoing within companies. However, rather than reward these employees, employers tend to fire or marginalize them. While there are statutory protections for whistleblowers, a disturbing new trend appears to be developing: courts are excluding from the protection of whistleblowing statutes employees who report wrongdoing as part of …
Rethinking Discrimination Law,
2011
University of Cincinnati College of Law
Rethinking Discrimination Law, Sandra F. Sperino
Michigan Law Review
Modern employment discrimination law is defined by an increasingly complex set of frameworks. These frameworks structure the ways that courts, juries, and litigants think about discrimination. This Article challenges whether courts should use the frameworks to conceptualize discrimination. It argues that just as faulty sorting contributes to stereotyping and societal discrimination, courts are using faulty structures to substantively limit discrimination claims. This Article makes three central contributions. First, it demonstrates how discrimination analysis has been reduced to a rote sorting process. It recognizes and makes explicit courts' methodology so that the structure of discrimination analysis and its effects can be …
Back To The Drawing Board: Reexamining Accepted Criteria For Regional Structure Of The Courts Of Appeals,
2011
University of Missouri School of Law
Back To The Drawing Board: Reexamining Accepted Criteria For Regional Structure Of The Courts Of Appeals, Martha Dragich
Faculty Publications
This article aims to determine which of the accepted structural features of the courts of appeals are essential by demonstrating that the federal courts are designed to assure the supremacy and uniformity of federal law, and that regional organization was intended to foster, not to negate, uniformity.
Fulfilling The Promise Of Payne: Creating Participatory Opportunities For Survivors In Capital Cases,
2011
Indiana University Maurer School of Law
Fulfilling The Promise Of Payne: Creating Participatory Opportunities For Survivors In Capital Cases, Megan A. Mullett
Indiana Law Journal
No abstract provided.
Setting The Record Straight On State V. John Ingram Purtle: Reflections On The Great Dissenter,
2011
University of Arkansas Little Rock
Setting The Record Straight On State V. John Ingram Purtle: Reflections On The Great Dissenter, Samuel A. Perroni
University of Arkansas at Little Rock Law Review
No abstract provided.
Appellate Judges As Gatekeepers? An Investigation Of Threshold Decisions In The Federal Courts Of Appeals,
2011
University of Arkansas Little Rock
Appellate Judges As Gatekeepers? An Investigation Of Threshold Decisions In The Federal Courts Of Appeals, Erin B. Kaheny
The Journal of Appellate Practice and Process
No abstract provided.
About Coincidence,
2011
University of Arkansas Little Rock
About Coincidence, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
Military's Approach To Appellate Law, The,
2011
University of Arkansas Little Rock
Military's Approach To Appellate Law, The, Jay L. Thoman
The Journal of Appellate Practice and Process
No abstract provided.
Back To The Drawing Board: Re-Examining Accepted Premises Of Regional Circuit Structure,
2011
University of Arkansas Little Rock
Back To The Drawing Board: Re-Examining Accepted Premises Of Regional Circuit Structure, Martha Dragich
The Journal of Appellate Practice and Process
No abstract provided.
Pre-Service Removal In The Forum Defendant's Arsenal,
2011
Texas A&M University School of Law
Pre-Service Removal In The Forum Defendant's Arsenal, Saurabh Vishnubhakat
Faculty Scholarship
This article is the first academic defense of pre-service removal in diversity cases by forum-state defendants under the “properly joined and served” language of 28 U.S.C. § 1441(b). Pre-service removal has proliferated nationally in recent years. Appellate courts, however, have been silent on the issue for two reasons: First, orders that remand a case to state court are statutorily non-reviewable on appeal. Second, cases retained in federal court and litigated to final judgment are highly unlikely, for reasons of judicial economy, to be voided for de novo readjudication in state court. After tracing the development of the removal statute and …
Stare Decisis And Constitutional Text,
2011
George Mason University School of Law
Stare Decisis And Constitutional Text, Jonathan F. Mitchell
Michigan Law Review
Almost everyone acknowledges that stare decisis should play a significant role when the Supreme Court of the United States resolves constitutional cases. Yet the academic and judicial rationales for this practice tend to rely on naked consequentialist considerations, and make only passing efforts to square the Court's stare decisis doctrines with the language of the Constitution. This Article offers a qualified defense of constitutional stare decisis that rests exclusively on constitutional text. It aims to broaden the overlapping consensus of interpretive theories that can support a role for constitutional stare decisis, but to do this it must narrow the circumstances …
Deconstructing 'Just And Proper': Arguments In Favor Of Adopting The 'Remedial Purpose' Approach To Section 10(J) Labor Injunctions,
2011
University of Michigan Law School
Deconstructing 'Just And Proper': Arguments In Favor Of Adopting The 'Remedial Purpose' Approach To Section 10(J) Labor Injunctions, William K. Briggs
Michigan Law Review
Congress, through the 1947 addition of section 10(j) to the National Labor Relations Act, authorized district courts to grant preliminary injunctive relief for unfair labor practices if they deem such relief "just and proper." To this day a circuit split persists over the correct interpretation of this "just and proper" standard. Some circuits interpret "just and proper" to require application of the traditional equitable principles approach that normally governs preliminary injunctions. Other circuits interpret "just and proper" to require an analysis of whether injunctive relief is necessary to preserve the National Labor Relations Board's remedial power This Note examines the …
