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Comment On Victor's Justice & The Viability Of Ex Ante Standards, 43 J. Marshall L. Rev. 569 (2010), Rod Rastan 2010 UIC School of Law

Comment On Victor's Justice & The Viability Of Ex Ante Standards, 43 J. Marshall L. Rev. 569 (2010), Rod Rastan

UIC Law Review

No abstract provided.


International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, 43 J. Marshall L. Rev. 603 (2010), Kenneth S. Gallant 2010 UIC School of Law

International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, 43 J. Marshall L. Rev. 603 (2010), Kenneth S. Gallant

UIC Law Review

No abstract provided.


The International Criminal Court And Proximity To The Scene Of The Crime: Does The Rome Statute Permit All Of The Icc's Trials To Take Place At Local Or Regional Chambers?, 43 J. Marshall L. Rev. 715 (2010), Stuart K. Ford 2010 John Marshall Law School

The International Criminal Court And Proximity To The Scene Of The Crime: Does The Rome Statute Permit All Of The Icc's Trials To Take Place At Local Or Regional Chambers?, 43 J. Marshall L. Rev. 715 (2010), Stuart K. Ford

UIC Law Review

No abstract provided.


The Nuremberg Tribunal V. The Tokyo Tribunal: Designs, Staffs, And Operations, 43 J. Marshall L. Rev. 753 (2010), Zachary D. Kaufman 2010 UIC School of Law

The Nuremberg Tribunal V. The Tokyo Tribunal: Designs, Staffs, And Operations, 43 J. Marshall L. Rev. 753 (2010), Zachary D. Kaufman

UIC Law Review

No abstract provided.


Protecting Human Rights Without A Bill Of Rights, 43 J. Marshall L. Rev. 769 (2010), Robert French 2010 UIC School of Law

Protecting Human Rights Without A Bill Of Rights, 43 J. Marshall L. Rev. 769 (2010), Robert French

UIC Law Review

No abstract provided.


How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010), Eric H. Franklin 2010 UIC School of Law

How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010), Eric H. Franklin

UIC Law Review

No abstract provided.


Forgotten Namesake: The Illinois Good Samaritan Act's Inexcusable Failure To Provide Immunity To Non-Medical Rescuers, 43 J. Marshall L. Rev. 1097 (2010), David Weldon 2010 UIC School of Law

Forgotten Namesake: The Illinois Good Samaritan Act's Inexcusable Failure To Provide Immunity To Non-Medical Rescuers, 43 J. Marshall L. Rev. 1097 (2010), David Weldon

UIC Law Review

No abstract provided.


The Hobbs Act Through The Rivera-Rivera Looking Glass: A Mere Intrusion Upon Basic Fundamental Federalism Principles?, 44 J. Marshall L. Rev. 237 (2010), Patrick Goodwin 2010 UIC School of Law

The Hobbs Act Through The Rivera-Rivera Looking Glass: A Mere Intrusion Upon Basic Fundamental Federalism Principles?, 44 J. Marshall L. Rev. 237 (2010), Patrick Goodwin

UIC Law Review

No abstract provided.


Updates From The International And Internationalized Criminal Courts, Ivan Carpio, Lindsay Roberts, Zsofia Young, Christopher Tansey, Paul Rinefierd, Slava Kuperstein 2010 American University Washington College of Law

Updates From The International And Internationalized Criminal Courts, Ivan Carpio, Lindsay Roberts, Zsofia Young, Christopher Tansey, Paul Rinefierd, Slava Kuperstein

Human Rights Brief

No abstract provided.


Updates From The Regional Human Rights Systems, Sarira Sadeghi, Christopher Tansey, Michael Becker, EmilyRose Johns, Carson Osberg 2010 American University Washington College of Law

Updates From The Regional Human Rights Systems, Sarira Sadeghi, Christopher Tansey, Michael Becker, Emilyrose Johns, Carson Osberg

Human Rights Brief

No abstract provided.


The Supreme Court And The Sophisticated Use Of Digs, Rafael Gely, Michael E. Solimine 2010 University of Missouri School of Law

The Supreme Court And The Sophisticated Use Of Digs, Rafael Gely, Michael E. Solimine

Faculty Publications

In this article, we extend this literature in several ways. In part II, we provide a brief overview of the certiorari and DIG process, and explore the possible motivations for the Court to DIG a case. In Part III we describe our data, and in Part IV we discuss our results. Part V concludes the paper.


Redemption Song: Graham V. Florida And The Evolving Eighth Amendment Jurisprudence, Robert Smith, G. Ben Choen 2010 Harvard Law School

Redemption Song: Graham V. Florida And The Evolving Eighth Amendment Jurisprudence, Robert Smith, G. Ben Choen

Michigan Law Review First Impressions

In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits a sentence of life without parole ("LWOP") for a juvenile under eighteen who commits a non-homicide offense. For Terrance Graham, who committed home-invasion robbery at seventeen, the decision does not mean necessarily that he someday will leave the brick walls of Florida's Taylor Annex Correctional Institution. Unlike previous Eighth Amendment decisions, such as Roper v. Simmons, where the Court barred the death penalty for juveniles, this new categorical rule does not translate into automatic relief for members of the exempted class: "A State need not guarantee the …


Lorain, Aspen, And The Future Of Section 2 Enforcement, Xiao Jeff Liu 2010 University of Michigan Law School

Lorain, Aspen, And The Future Of Section 2 Enforcement, Xiao Jeff Liu

Michigan Telecommunications & Technology Law Review

The Sherman Antitrust Act § 2 makes monopolizing or attempting to monopolize a particular trade or aspects of a trade a federal felony. More specifically, Section 2 of the Act addresses a firm's unilateral conduct. Under the administration of former President George W. Bush, a comprehensive guideline titled Competition and Monopoly: Single-Firm Conduct under Section 2 of the Sherman Act ("Bush Guidelines") was adopted in September of 2008 for enforcing Section 2 violations. Under President Barack Obama's administration, however, the enforcement of antitrust laws is expected to undergo a radical transformation. On May 11, 2009, Christine A. Varney, the Assistant …


Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance 2010 University of Michigan Law School

Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance

Michigan Telecommunications & Technology Law Review

A widespread perception among the patent law community is that the patent system would be more effective if judges with technical backgrounds and patent law experience decided patent disputes. Proponents believe that if judges all had similar baseline knowledge of technological analysis, there would be more consistency in decision-making, leading to more predictability for parties. Some district courts have unofficially become semi-specialized in patent law disputes, and Congress is debating whether to institute a more formalized Patent Pilot Program in which district court judges specialize in patent law cases. This Note joins the debate and examines patent law cases at …


Rawls And Reparations, Martin D. Carcieri 2010 San Francisco State University

Rawls And Reparations, Martin D. Carcieri

Michigan Journal of Race and Law

In the past two years, four related events have sharpened debates on race in the U.S.: President Obama's election, the nomination of Judge Sonia Sotomayor to the Supreme Court, that Court's ruling in Ricci v. DeStefano, and the arrest of Obama's friend, Harvard professor Henry Gates. The President has spoken of a "teaching moment" arising from these events. Moreover, his writings, speeches and lawmaking efforts illustrate the contractual nature of Obama's thinking. The President (and all concerned citizens) should thus find useful an analysis of racial policy and justice in light of the work of John Rauls. Rawls may …


Law Clerking: My Favorite Year, Donald L. Burnett Jr. 2010 University of Idaho College of Law

Law Clerking: My Favorite Year, Donald L. Burnett Jr.

Articles

No abstract provided.


The Art Of Statutory Interpretation: Identifying The Interpretative Theory Of The Judges Of The United States Court Of Appeals For Veterans' Claims And The United States Court Of Appeals For The Federal Circuit, Linda Jellum 2010 University of Idaho College of Law

The Art Of Statutory Interpretation: Identifying The Interpretative Theory Of The Judges Of The United States Court Of Appeals For Veterans' Claims And The United States Court Of Appeals For The Federal Circuit, Linda Jellum

Articles

No abstract provided.


Understanding Caperton: Judicial Disqualification Under The Due Process Clause, Dmitry Bam 2010 University of Maine School of Law

Understanding Caperton: Judicial Disqualification Under The Due Process Clause, Dmitry Bam

Faculty Publications

It is virtually impossible to discuss the Supreme Court’s decision in Caperton v. A.T. Massey Coal Co. without hearing some variant of the following response: “I can’t believe it was as close as it was.” And it does not matter whether you are chatting with your next-door neighbor who had never thought about judicial ethics in his life or discussing the case with a judicial-recusal expert. Nearly everyone seems to agree: Caperton was an “easy” case and that four justices dissented is an indication that there is something terribly wrong. Not only has Caperton elevated the issue of judicial impartiality …


A Call For Judicial Scrutiny: How Increased Judicial Discretion Has Led To Disparity And Unpredictability In Federal Sentencings For Child Pornography, Loren Rigsby 2010 Seattle University School of Law

A Call For Judicial Scrutiny: How Increased Judicial Discretion Has Led To Disparity And Unpredictability In Federal Sentencings For Child Pornography, Loren Rigsby

Seattle University Law Review

The United States Sentencing Commission (USSC) has made child pornography related crimes among the most harshly punishable federal offenses. Nevertheless, sentencing judges have regained the right to depart from the recommended Federal Sentencing Guidelines (Guidelines). The Guideline range for child pornography reflects sound and clear congressional intent to impose harsh penalties on defendants to deter, and ultimately eliminate, the market for child pornography. For this reason, this Comment argues that sentences that fall outside the Guidelines range should be reviewed with much greater scrutiny and should not be used solely to reflect a judge’s view that the advised sentence is …


How Delaware Law Can Support Better Corporate Governance, James D. Cox 2010 Duke Law School

How Delaware Law Can Support Better Corporate Governance, James D. Cox

Faculty Scholarship

Corporate governance, or more particularly, improving corporate governance, has been an important national topic for decades – indeed from the first appearance of the public corporation. Within this discourse, we frequently find that the public and academics alike have short memories. We too frequently focus on the present more than on the sweep of history. So it is with the present corporate governance discussions. We tend to begin with the collapse of Enron in late 2001 and focus on the most recent tinkering with governance, such as the New York Stock Exchange's (NYSE) and Nasdaq's listing requirements and the novel, …


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