Open Access. Powered by Scholars. Published by Universities.®

Courts Commons™

Open Access. Powered by Scholars. Published by Universities.®

16,724 Full-Text Articles 12,750 Authors 13,902,473 Downloads 217 Institutions

All Articles in Courts

Faceted Search

16,724 full-text articles. Page 380 of 394.

Lethal Discrimination, J. Thomas Sullivan 2010 University of Arkansas at Little Rock William H. Bowen School of Law

Lethal Discrimination, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.


Tort Damages And The New Science Of Happiness, Rick Swedloff, Peter H. Huang 2010 Rutgers School of Law, Camden

Tort Damages And The New Science Of Happiness, Rick Swedloff, Peter H. Huang

Indiana Law Journal

No abstract provided.


Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring 2010 William & Mary Law School

Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring

William & Mary Law Review

Much of the social science literature on judicial behavior has focused on the impact of ideology on how judges vote. For the most part, however, legal scholars have been reluctant to embrace empirical scholarship that fails to address the impact of legal constraints and the means by which judges reason their way to particular outcomes. This Article attempts to integrate and address the concerns of both audiences by way of an empirical examination of the Supreme Court’s use of a particular interpretive technique— namely, the use of legislative history to determine the purpose and meaning of a statute. We analyzed …


The Usual Practice: Raising And Deciding Failure To Exhaust Administrative Remedies As An Affirmative Defense Under The Prison Litigation Reform Act, Joshua S. Moskovitz 2010 Benjamin N. Cardozo School of Law

The Usual Practice: Raising And Deciding Failure To Exhaust Administrative Remedies As An Affirmative Defense Under The Prison Litigation Reform Act, Joshua S. Moskovitz

Cardozo Law Review

No abstract provided.


Xilinx Revisited, Reuven S. Avi-Yonah 2010 University of Michigan Law School

Xilinx Revisited, Reuven S. Avi-Yonah

Articles

On March 22 the Ninth Circuit released its new opinion in Xilinx v. Commissioner, Doc 2010-6163, 2010 WTD 55-42. 1 As has been expected since the panel withdrew its original opinion, it reversed itself and in a 2-1 opinion held for the taxpayer. The opinion makes it pretty clear why the reversal occurred. It was the result of concentrated pressure by the international tax community and the fact that the government was unwilling to defend the theory on which the panel originally decided the case: that the arm’s-length standard of the section 482 regulations does not apply to cost sharing. …


Selman And Kitzmiller And The Imposition Of Darwinian Orthodoxy, Robert J. D'Agostino 2010 Brigham Young University Law School

Selman And Kitzmiller And The Imposition Of Darwinian Orthodoxy, Robert J. D'Agostino

Brigham Young University Education and Law Journal

No abstract provided.


Smart Grid Technology: The Future Of The Electric Utility Industry, Michael W. Yackira 2010 President and Chief Executive Officer, NV Energy

Smart Grid Technology: The Future Of The Electric Utility Industry, Michael W. Yackira

University of Richmond Law Review

Energy is leading many agendas these days, and, indeed, the energy landscape is changing-taking it a step further, it is actually transforming. This could be as big a transformation for the electric utility industry as the automated teller machine was for the banking industry and the cell phone was for telecommunications.


Introduction To The First Annual Survey Of The Ninth And Tenth Circuits, 2010 Brigham Young University Law School

Introduction To The First Annual Survey Of The Ninth And Tenth Circuits

BYU Law Review

No abstract provided.


Lopez-Rodriguez V. Mukasey: The Ninth Circuit’S Expansion Of The Exclusionary Rule In Immigration Hearings Contradicts The Supreme Court’S Lopezmendoza Decision, Eric W. Clarke 2010 Brigham Young University Law School

Lopez-Rodriguez V. Mukasey: The Ninth Circuit’S Expansion Of The Exclusionary Rule In Immigration Hearings Contradicts The Supreme Court’S Lopezmendoza Decision, Eric W. Clarke

BYU Law Review

No abstract provided.


Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton 2010 Brigham Young University Law School

Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton

BYU Law Review

No abstract provided.


Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson 2010 Brigham Young University Law School

Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson

BYU Law Review

No abstract provided.


United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen 2010 Brigham Young University Law School

United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen

BYU Law Review

No abstract provided.


In Re Williams Securities Litigation—Wcg Subclass: How Dura Met Daubert, Bryan L. Phipps 2010 Brigham Young University Law School

In Re Williams Securities Litigation—Wcg Subclass: How Dura Met Daubert, Bryan L. Phipps

BYU Law Review

No abstract provided.


Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond 2010 Brigham Young University Law School

Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond

BYU Law Review

No abstract provided.


Remedial And Coercive Administrative Proceedings Under Younger: The Tenth Circuit’S Test In Brown V. Day, Taylor G. Selim 2010 Brigham Young University Law School

Remedial And Coercive Administrative Proceedings Under Younger: The Tenth Circuit’S Test In Brown V. Day, Taylor G. Selim

BYU Law Review

No abstract provided.


Opening The Rule 10b-5 Floodgates: Ninth Circuit Split In Gilead Sciences Leaves The Loss Causation Pleading Standard In Limbo , Brandon J. Stoker 2010 Brigham Young University Law School

Opening The Rule 10b-5 Floodgates: Ninth Circuit Split In Gilead Sciences Leaves The Loss Causation Pleading Standard In Limbo , Brandon J. Stoker

BYU Law Review

No abstract provided.


When The “Hard Look” Is Soft: Reconciling Center For Biological Diversity V. Department Of The Interior Within Ninth Circuit Environmental Precedent, Dustin M. Glazier 2010 Brigham Young University Law School

When The “Hard Look” Is Soft: Reconciling Center For Biological Diversity V. Department Of The Interior Within Ninth Circuit Environmental Precedent, Dustin M. Glazier

BYU Law Review

No abstract provided.


Failure To Yield: How Wecht Might Ruin The Right To A Fair Trial , Landon Wade Magnusson 2010 Brigham Young University Law School

Failure To Yield: How Wecht Might Ruin The Right To A Fair Trial , Landon Wade Magnusson

BYU Law Review

No abstract provided.


The Place Of The Filmed Witness: From Nuremberg To The Khmer Rouge Trial, Christian Delage 2010 University of Paris 8

The Place Of The Filmed Witness: From Nuremberg To The Khmer Rouge Trial, Christian Delage

Cardozo Law Review

No abstract provided.


Shakespeare On Screen: A Window To The Soul Of Law, Paul Raffield 2010 The University of Warwick

Shakespeare On Screen: A Window To The Soul Of Law, Paul Raffield

Cardozo Law Review

No abstract provided.


Digital Commons powered by bepress