Pragmatic Indeterminacy,
2010
Northwestern University School of Law
Pragmatic Indeterminacy, Anthony D'Amato
Faculty Working Papers
If, as a result of taking Indeterminacy seriously, we revolutionize the way we teach law and the way we select judges, then we will also revolutionize the way cases are litigated (because the new judges will expect to hear a different kind of argumentation) and the way people order their lives in anticipation of the way their disputes will be decided by these new judges.
The Coerciveness Of International Law,
2010
Northwestern University School of Law
The Coerciveness Of International Law, Anthony D'Amato
Faculty Working Papers
This article shows that an important part of the deep structure of international law is its self-referential strategy of employing its own rules to protect its rules. International law tolerates a principled violation of its own rules when necessary to keep other rules from being broken. It extends a legal privilege to states to use coercion against any state that has selfishly attempted to transgress its international obligations. International law thus protects itself through the opportunistic deployment of its own rules.
The Concept Of Special Custom In International Law,
2010
Northwestern University School of Law
The Concept Of Special Custom In International Law, Anthony D'Amato
Faculty Working Papers
General customary international law contains rules, norms, and principles that seem applicable to any state and not to a particular state or an exclusive grouping of states. For example, norms relating to the high seas, to airspace and outer space, to diplomatic immunities, to the rules of warfare, and so forth, apply equally to all states having occasion to be concerned with these areas. Similarly, the facts of a given case may suggest exclusively the application of general custom—such as cases concerning collision on the high seas between ships of different countries, cases involving general principles of international law, cases …
Collateral Review Of Remand Orders: Reasserting The Supervisory Role Of The Supreme Court,
2010
Northwestern University School of Law
Collateral Review Of Remand Orders: Reasserting The Supervisory Role Of The Supreme Court, James Pfander
Faculty Working Papers
Although some might consider the appellate review of remand orders as something of a jurisdictional backwater, recent developments suggest that the rules need attention. The Supreme Court has decided no fewer than four cases in the past few years and has failed to develop a persuasive framework. Indeed, one member of the Court, Justice Breyer, has invited "experts" to solve the problem.
In this essay, I suggest that the solution lies in the Court's own hands. Rather than proposing legislative or rulemaking solutions, I call on the Court to re-invigorate its supervisory powers and conduct direct review of district court …
Volume 77 (2009-2010),
2010
University of Tennessee College of Law
California Judicial Council's Commission For Impartial Courts,
2010
University of the Pacific, McGeorge School of Law
California Judicial Council's Commission For Impartial Courts, Ronald B. Robie, Richard Fybel, Mary-Beth Moylan
McGeorge Law Review
No abstract provided.
Should Judges Regulate Lawyers,
2010
University of Denver Sturn College of Law
Promoting Public Confidence In The Regulation Of Judicial Conduct: A Survey Of Recent Developments And Practice In Four Common Law Countries,
2010
The University of Akron School of Law
Promoting Public Confidence In The Regulation Of Judicial Conduct: A Survey Of Recent Developments And Practice In Four Common Law Countries, Sarah M. R. Cravens
McGeorge Law Review
No abstract provided.
Book Review Of Power Without Law: The Supreme Court Of Canada, The Marshall Decisions, And The Failure Of Judicial Activism By Alex M Cameron,
2010
Dalhousie University Schulich School of Law
Book Review Of Power Without Law: The Supreme Court Of Canada, The Marshall Decisions, And The Failure Of Judicial Activism By Alex M Cameron, Dianne Pothier
Dianne Pothier Collection
Alex Cameron’s book, Power Without Law, is a scathing critique of the Supreme Court of Canada’s 1999 decisions in R. v. Marshall upholding Donald Marshall Jr.’s Mi’kmaq treaty claim. Cameron’s book has attracted a lot of attention because of the author’s position as Crown counsel for the government of Nova Scotia. Cameron was not involved as a lawyer in the Marshall case itself. As a fisheries prosecution, Marshall was a matter of federal jurisdiction pursuant to s. 91(12) of the Constitution Act, 1867, 3 and Nova Scotia chose not to intervene. However, Cameron did become involved in a subsequent …
California Judicial Council's "Commission For Impartial Courts",
2010
Associate Justice of the California Court of Appeal
California Judicial Council's "Commission For Impartial Courts", Ronald B. Robie, Richard Fybel, Mary-Beth Moylan
McGeorge School of Law Scholarly Articles
No abstract provided.
Pioneers Versus Improvers: Enabling Optimal Patent Claim Scope,
2010
Stanford Law School
Pioneers Versus Improvers: Enabling Optimal Patent Claim Scope, Timothy Chen Saulsbury
Michigan Telecommunications & Technology Law Review
Arising most commonly as a defense to an infringement claim, enablement requires a patent to describe the claimed invention in sufficient detail to permit a person having ordinary skill in the relevant field to replicate and use the invention without needing to engage in "undue experimentation." If a patent claim is not "enabled"--i.e., if a person having ordinary skill in the art (PHOSITA) who studied the patent cannot make or use the invention without undue experimentation--the claim is invalid and can no longer be asserted. This penalty deters patent applicants from claiming more than they invented and allows others to …
The Future Of Problem-Solving Justice: An International Perspective,
2010
University of Maryland Francis King Carey School of Law
The Future Of Problem-Solving Justice: An International Perspective, Greg Berman, Aubrey Fox
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Exclusionary Rule Applied To Coerced Statements From Nondefendants, 43 J. Marshall L. Rev. 795 (2010),
2010
UIC School of Law
The Exclusionary Rule Applied To Coerced Statements From Nondefendants, 43 J. Marshall L. Rev. 795 (2010), Victoria D. Noel
UIC Law Review
No abstract provided.
Facilitating Intergovernmental Dialogue: Judicial Review Of The Division Of Powers In The Supreme Court Of Canada,
2010
Western University, Faculty of Law
Facilitating Intergovernmental Dialogue: Judicial Review Of The Division Of Powers In The Supreme Court Of Canada, Wade Wright
Law Publications
No abstract provided.
Will Cameras In The Courtroom Lead To More Law And Order? A Case For Broadcast Access To Judicial Proceedings,
2010
American University Washington College of Law
Will Cameras In The Courtroom Lead To More Law And Order? A Case For Broadcast Access To Judicial Proceedings, Shelly Rosenfeld
American University Criminal Law Brief
No abstract provided.
Futile Arguments: Lawrence V. Texas And The Supreme Court Bar,
2010
American University Washington College of Law
Futile Arguments: Lawrence V. Texas And The Supreme Court Bar, Heron Greenesmith
The Modern American
No abstract provided.
Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010),
2010
UIC School of Law
Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton
UIC Law Review
No abstract provided.
The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010),
2010
UIC School of Law
The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams
UIC Law Review
No abstract provided.
The International Criminal Court: From Rome To Kampala, 43 J. Marshall L. Rev. 515 (2010),
2010
UIC School of Law
The International Criminal Court: From Rome To Kampala, 43 J. Marshall L. Rev. 515 (2010), Philippe Kirsch
UIC Law Review
No abstract provided.
How Should The Icc Prosecutor Exercise His Or Her Discretion? The Role Of Fundamental Ethical Principles, 43 J. Marshall L. Rev. 553 (2010),
2010
UIC School of Law
How Should The Icc Prosecutor Exercise His Or Her Discretion? The Role Of Fundamental Ethical Principles, 43 J. Marshall L. Rev. 553 (2010), Brian D. Lepard
UIC Law Review
No abstract provided.
