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Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall 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, Carrie Menkel-Meadow, Bryant Garth 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, Steven S. Gensler 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), Jeffrey S. Sutton 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, Julie Zink 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, Charles G. Geyh 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, Richard C. Boldt 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?, Corey Shdaimah 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, Brenda Bratton Blom, Julie Galbo-Moyes, Robin Jacobs 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, Anita S. Krishnakumar 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, Charles G. Geyh 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

Issue 2: Table Of Contents

University of Richmond Law Review

No abstract provided.


Current Issues In Judicial Disqualifications Symposium 2011, Michael W. Martin 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, John B. Meixner Jr., J. Peter Rosenfeld 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, Margaret H. Lemos 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, Laurence R. Helfer, Karen J. Alter 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, Jay Tidmarsh 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, Randy J. Kozel 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, Perry L. Moriearty 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, Benjamin A. Levin 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.


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