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Local Rules And The Limits Of Trans-Territorial Procedure, Samuel P. Jordan 2010 Saint Louis University School of Law

Local Rules And The Limits Of Trans-Territorial Procedure, Samuel P. Jordan

All Faculty Scholarship

Local rules have been unfairly cast as procedural villains. Their qualifications for the role are purportedly numerous, but chief among them is that they violate a fundamental principle embedded in our post-1938 procedural regime: that the procedural rules applied in a federal case should not be sensitive to location. It must of course be conceded that local rules do produce territorial variations in procedure. But in practice, the principle of trans-territoriality is aspirational, and is undermined by an array of factors – ranging from competing interpretations of written rules to the supplementation of those rules through exercises of inherent power …


Reply To Richard A. Leo And Jon B. Gould, Samuel R. Gross, Barbara O'Brien 2010 University of Michigan Law School

Reply To Richard A. Leo And Jon B. Gould, Samuel R. Gross, Barbara O'Brien

Articles

The following is a letter to the Ohio State Journal of Criminal Law received from Professors Samuel Gross and Barbara O'Brien, responding to an article published in the Journal in Fall 2009 by Professors Richard Leo and Jon Gould. This letter is followed by a reply from Professors Leo and Gould. Professors Gross and O'Brien did not see the reply prior to the Journal going to press. As we have indicated before, we welcome letters to the Journal from readers on any topic covered in a prior issue. - Editors


Early Release Programs In Illinois: Justifiable Or Objectionable?, Bill Schramm 2010 Loyola University Chicago, School of Law

Early Release Programs In Illinois: Justifiable Or Objectionable?, Bill Schramm

Public Interest Law Reporter

No abstract provided.


Punishing Juveniles: Is Life Without Parole Too Cruel?, Amy McCarthy 2010 Loyola University Chicago, School of Law

Punishing Juveniles: Is Life Without Parole Too Cruel?, Amy Mccarthy

Public Interest Law Reporter

No abstract provided.


Isu-Isu Dalam Kes Harta Sepencarian Di Mahkamah Syariah Singapura : Satu Analisis., Idham Halid Romli 2010 Universiti Malaya

Isu-Isu Dalam Kes Harta Sepencarian Di Mahkamah Syariah Singapura : Satu Analisis., Idham Halid Romli

Student Works (2010-2019)

This study discusses the issues of harta sepencarian (jointly-accumulated wealth) in the Syariah Court of Singapore. The objectives of this study are to examine the meaning and interpretation of harta sepencarian, and the influence of direct and indirect contributions in determining the amount received by the husband and wife from the harta sepencarian. Although the AMLA has provided general guidelines and interpretation on the factors which need to be taken into consideration when determining the distribution of harta sepencarian, but these guidelines do not distinguish between the main and supporting factors. Through literature studies, case-studies of Court cases and interviews, …


Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner 2010 New York Law School Class of 2009

Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner

NYLS Law Review

No abstract provided.


Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb 2010 University of Richmond

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Richmond Journal of Law and the Public Interest

Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …


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.


Cooperative Interbranch Federalism: Certification Of State-Law Questions By Federal Agencies, Verity Winship 2010 Vanderbilt University Law School

Cooperative Interbranch Federalism: Certification Of State-Law Questions By Federal Agencies, Verity Winship

Vanderbilt Law Review

When an unresolved state-law question arises in federal court, the court may certify it to the relevant state court. The practice of certification from one court to another has been widely adopted and has been touted as "help[ing] build a cooperative judicial federalism." This Article proposes that states promote cooperative interbranch federalism by allowing federal agencies to certify unresolved state-law questions to state courts. It draws on Delaware's recent expansion of potential certifying entities to the Securities and Exchange Commission to argue that this innovation should be extended to other states and other federal agencies. Certification from federal agencies to …


"Objection: Your Honor Is Being Unreasonable!"--Law And Policy Opposing The Federal Sentencing Order Objection Requirement, Benjamin K. Raybin 2010 Vanderbilt University Law School

"Objection: Your Honor Is Being Unreasonable!"--Law And Policy Opposing The Federal Sentencing Order Objection Requirement, Benjamin K. Raybin

Vanderbilt Law Review

"I think you ought to object, counselor," boomed the judge.' One could not help but to be taken aback: this instruction was not directed towards a pro se defendant, nor was it addressing an action by an opposing party. Instead, the judge had actually suggested-with a straight face and a hint of irony-that an attorney object to the sentence the judge had just imposed. Unlike the attorney, the judge had been following the development of a quirk in the circuit's sentencing law. In United States v. Vonner, the Sixth Circuit had recently held that a party must object to a …


The Many Faces Of Strict Scrutiny: How The Supreme Court Changes The Rules In Race Cases, Evan Gerstmann, Christopher Shortell 2010 Loyola Marymount University

The Many Faces Of Strict Scrutiny: How The Supreme Court Changes The Rules In Race Cases, Evan Gerstmann, Christopher Shortell

Political Science Faculty Publications and Presentations

In this paper, we argue that there is no single test called strict scrutiny when the Court considers claims of racial discrimination. In fact, the Court changes the rules depending on why and how the government is using race. By examining racial redistricting, remedial affirmative action, and diversitybased affirmative action cases, we show how the Court uses at least three very different versions of strict scrutiny. The costs of maintaining the fiction of unitary strict scrutiny is high. In the area of racial profiling, for example, courts refuse to apply strict scrutiny for fear that it will either overly hamper …


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.


When A Company Confesses, Christopher Jackson 2010 University of Michigan Law School

When A Company Confesses, Christopher Jackson

Michigan Law Review

Under the Federal Rules of Criminal Procedure, a defendant is normally obligated to attend all of the proceedings against her. However Rule 43(b)(2) carves out an exception for organizational defendants, stating that they "need not be present" if represented by an attorney. But on its face, the language of 43(b)(2) is ambiguous: is it the defendant or the judge who has the discretion to decide whether the defendant appears? That is, may a judge compel the presence of an organizational defendant? This Note addresses the ambiguity in the context of the plea colloquy, considering the text of several of the …


Pleading With Congress To Resist The Urge To Overrule Twombly And Iqbal, Michael R. Huston 2010 University of Michigan Law School

Pleading With Congress To Resist The Urge To Overrule Twombly And Iqbal, Michael R. Huston

Michigan Law Review

In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court changed the rhetoric of the federal pleading system. Those decisions have been decried by members of the bar, scholars, and legislators as judicial activism and a rewriting of the Federal Rules of Civil Procedure. Such criticism has led members of both houses of Congress to introduce legislation to overrule the decisions and return to some variation of the "notice pleading" regime that existed before Twombly. This Note argues that both of the current proposals to overrule Twombly and Iqbal should be rejected. Although the bills take different …


Public Opinion And State Supreme Courts, Neal Devins, Nicole Mansker 2010 William & Mary Law School

Public Opinion And State Supreme Courts, Neal Devins, Nicole Mansker

Faculty Publications

No abstract provided.


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 …


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