Prevention And Complementarity In The International Criminal Court: A Positive Approach,
2010
American
University Washington College of Law
Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall
Human Rights Brief
No abstract provided.
Process, People, Power And Policy: Empirical Studies Of Civil Procedure And Courts,
2010
Georgetown University Law Center
Process, People, Power And Policy: Empirical Studies Of Civil Procedure And Courts, Carrie Menkel-Meadow, Bryant Garth
Georgetown Law Faculty Publications and Other Works
This review essay, by Professor Carrie Menkel-Meadow and Dean Bryant Garth, reports on the history and deployment of empirical studies of civil procedure rules, court policies, and legal developments for reforms of court procedures and practices in both the United States and England and Wales. It traces the influence of particular individuals (e.g., Charles Clark in the United States, and Harry Woolf in England) in the use of empirical studies of litigation patterns and court rules to effectuate legal reforms. The essay reviews some particularly contentious issues over time, such as whether there is/was too much or too little litigation, …
The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts,
2010
University of Oklahoma Norman Campus
The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts, Steven S. Gensler
Faculty Articles
No abstract provided.
A Review Of Richard A. Posner, How Judges Think (2008),
2010
United States Court of Appeals for the Sixth Circuit
A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton
Michigan Law Review
I was eager to enter the judiciary. I liked the title: federal judge. I liked the job security: life tenure. And I could tolerate the pay: the same as Richard Posner's. That, indeed, may have been the most flattering part of the opportunity-that I could hold the same title and have the same pay grade as one of America's most stunning legal minds. Don't think I didn't mention it when I had the chance. There is so much to admire about Judge Posner-his lively pen, his curiosity, his energy, his apparent understanding of: everything. He has written 53 books, more …
Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques,
2010
University of Dayton
Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie Zink
School of Law Faculty Publications
No abstract provided.
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United,
2010
Indiana University Maurer School of Law
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
The “Tomahawk” And The “Healing Balm:” Drug Treatment Courts In Theory And Practice,
2010
University of Maryland School of Law
The “Tomahawk” And The “Healing Balm:” Drug Treatment Courts In Theory And Practice, Richard C. Boldt
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?,
2010
University of Maryland School of Social Work
Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?, Corey Shdaimah
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Community Voice And Justice: An Essay On Problem-Solving Courts As A Proxy For Change,
2010
University of Maryland Francis King Carey School of Law
Community Voice And Justice: An Essay On Problem-Solving Courts As A Proxy For Change, Brenda Bratton Blom, Julie Galbo-Moyes, Robin Jacobs
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Statutory Interpretation In The Roberts Court's First Era: An Empirical And Doctrinal Analysis,
2010
St. John's University School of Law
Statutory Interpretation In The Roberts Court's First Era: An Empirical And Doctrinal Analysis, Anita S. Krishnakumar
Faculty Publications
This Article examines the Roberts Court's statutory cases from its 2005-2008 Terms, beginning with cases decided after January 31, 2006, when Justice Alito joined the Court, and concluding with cases decided on June 29, 2009, when Justice Souter retired. The Article's approach is both empirical and doctrinal, in that it (1) presents descriptive statistics illustrating the Court's and individual Justices' rates of reliance on fourteen different tools of statutory construction, and (2) engages in doctrinal analysis of the Court's statutory cases, highlighting discernable patterns in the individual Justices' interpretive approaches. The Article makes two significant contributions to the field of …
Judicial Disqualification: An Analysis Of Federal Law, Second Edition,
2010
Indiana University Maurer School of Law
Judicial Disqualification: An Analysis Of Federal Law, Second Edition, Charles G. Geyh
Books & Book Chapters by Maurer Faculty
Judicial Disqualification: An Analysis of Federal Law (second edition) outlines the statutory framework of federal judicial disqualification law under the statutes, 28 U.S.C. §§ 455, 144, 47, and 2106. The monograph substantially revises and expands on the first edition, and analyzes the case law, with a focus both on substantive disqualification standards and procedural requirements. It features a revised organizational structure and includes new material, as well as updated cases.
Issue 2: Table Of Contents,
2010
University of Richmond
Current Issues In Judicial Disqualifications Symposium 2011,
2010
Fordham University School of Law
Current Issues In Judicial Disqualifications Symposium 2011, Michael W. Martin
Faculty Scholarship
Public confidence in the judiciary's integrity is critical, and
A Mock Terrorism Application Of The P300-Based Concealed Information Test,
2010
University of Georgia School of Law
A Mock Terrorism Application Of The P300-Based Concealed Information Test, John B. Meixner Jr., J. Peter Rosenfeld
Scholarly Works
Previous studies examining the P300-based concealed information test typically tested for mock crime or autobiographical details, but no studies have used this test in a counterterrorism scenario. Subjects in the present study covertly planned a mock terrorist attack on a major city. They were then given three separate blocks of concealed information testing, examining for knowledge of the location, method, and date of the planned terrorist attack, using the Complex Trial Protocol (Rosenfeld et al., 2008). With prior knowledge of the probe items, we detected 12/12 guilty subjects as having knowledge of the planned terrorist attack with no false positives …
The Consequences Of Congress’S Choice Of Delegate: Judicial And Agency Interpretations Of Title Vii,
2010
Duke Law School
The Consequences Of Congress’S Choice Of Delegate: Judicial And Agency Interpretations Of Title Vii, Margaret H. Lemos
Faculty Scholarship
Although Congress delegates lawmaking authority to both courts and agencies, we know remarkably little about the determinants-and even less about the consequences-of the choice between judicial and administrative process. The few scholars who have sought to understand the choice of delegate have used formal modeling to illuminate various aspects of the decision from the perspective of the enacting Congress. That approach yields useful insight into the likely preferences of rational legislators, but tells us nothing about how (or whether) those preferences play out in the behavior of courts and agencies. Without such knowledge, we have no way of testing the …
Nature Or Nurture? Judicial Lawmaking In The European Court Of Justice And The Andean Tribunal Of Justice,
2010
Duke Law School
Nature Or Nurture? Judicial Lawmaking In The European Court Of Justice And The Andean Tribunal Of Justice, Laurence R. Helfer, Karen J. Alter
Faculty Scholarship
Are international courts power-seeking by nature, expanding the reach and scope of international rules and the courts’ authority where permissive conditions allow? Or, does expansionist lawmaking require special nurturing? We investigate the relative influences of nature versus nurture by comparing expansionist lawmaking in the European Court of Justice (ECJ) and the Andean Tribunal of Justice (ATJ), the ECJ’s jurisdictional cousin and the third most active international court. We argue that international judges are more likely to become expansionist lawmakers where they are supported by substate interlocutors and compliance constituencies, including government officials, advocacy networks, national judges, and administrative agencies. This …
Resolving Cases On The Merits,
2010
Notre Dame Law School
Resolving Cases On The Merits, Jay Tidmarsh
Journal Articles
Prepared for a Symposium on Civil Justice Reform, this essay examines the role of the “on the merits” principle in modern American procedure. After surveying the possible meanings of the phrase, the essay critiques its most common understanding due to its economic inefficiency and its lack of strong philosophical support. Relying on the recent work of Amartya Sen, the essay proposes that the principle be replaced with a “fair outcome” principle that melds both “procedural” and “substantive” concerns.
Stare Decisis As Judicial Doctrine,
2010
Notre Dame Law School
Stare Decisis As Judicial Doctrine, Randy J. Kozel
Journal Articles
Stare decisis has been called many things, among them a principle of policy, a series of prudential and pragmatic considerations, and simply the preferred course. Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules of decision for resolving concrete disputes that come before the courts.
This Article examines stare decisis as applied by the U.S. Supreme Court, our nation’s highest doctrinal authority. A review of the Court’s jurisprudence yields two principal lessons about the modern doctrine of stare decisis. First, the doctrine is comprised largely of malleable factors …
Framing Justice: Media, Bias, And Legal Decisionmaking,
2010
University of Maryland Francis King Carey School of Law
Framing Justice: Media, Bias, And Legal Decisionmaking, Perry L. Moriearty
Maryland Law Review
No abstract provided.
Caperton V. A.T. Massey Coal Co.: Something Is Rotten In The State Of West Virginia—A Common-Law Approach To Constitutional Judicial Disqualification,
2010
University of Maryland Francis King Carey School of Law
Caperton V. A.T. Massey Coal Co.: Something Is Rotten In The State Of West Virginia—A Common-Law Approach To Constitutional Judicial Disqualification, Benjamin A. Levin
Maryland Law Review
No abstract provided.
