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 62 of 394.

Panel 1: Environmental Enforcement Under New Administrative Law Principles, Sommer H. Engels, Jeffrey W. McCoy, Melissa A. Scacchitti, David M. Uhlmann 2025 Villanova University Charles Widger School of Law

Panel 1: Environmental Enforcement Under New Administrative Law Principles, Sommer H. Engels, Jeffrey W. Mccoy, Melissa A. Scacchitti, David M. Uhlmann

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy 2025 Villanova University Charles Widger School of Law

Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy

Villanova Environmental Law Journal (1991 - )

No abstract provided.


A Beacon Trying To Signal Heading: The Ninth Circuit Interprets The California Whistleblower Protection Act In Killgore V. Specpro Professional Services, Llc, Naseem Memari 2025 Villanova University Charles Widger School of Law

A Beacon Trying To Signal Heading: The Ninth Circuit Interprets The California Whistleblower Protection Act In Killgore V. Specpro Professional Services, Llc, Naseem Memari

Villanova Environmental Law Journal (1991 - )

No abstract provided.


A Modern Moby-Dick: The First Circuit Reveals How Man's Unchecked Fixations Still Impact Nantucket's North Atlantic Right Whale In Nantucket Residents Against Turbines V. U.S. Bureau Of Ocean Energy Management, Julia A. Snyder 2025 Villanova University Charles Widger School of Law

A Modern Moby-Dick: The First Circuit Reveals How Man's Unchecked Fixations Still Impact Nantucket's North Atlantic Right Whale In Nantucket Residents Against Turbines V. U.S. Bureau Of Ocean Energy Management, Julia A. Snyder

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Panel 2: Environmental Rights Amendment And Environmental Justice, Samantha Phillips Beers, John C, Dernbach, Emma H. Bast, Margaret O. Murphy 2025 Villanova University Charles Widger School of Law

Panel 2: Environmental Rights Amendment And Environmental Justice, Samantha Phillips Beers, John C, Dernbach, Emma H. Bast, Margaret O. Murphy

Villanova Environmental Law Journal (1991 - )

No abstract provided.


A Monumental Tug Of War: The Clash Over Presidential Authority And National Monuments In Murphy Co. V. Biden, Benjamin S. Levy 2025 Villanova University Charles Widger School of Law

A Monumental Tug Of War: The Clash Over Presidential Authority And National Monuments In Murphy Co. V. Biden, Benjamin S. Levy

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Pressure In The Pipeline? Hidden Tensions Beneath The Surface In The D.C. Circuit's Analysis Of Alabama Municipal Distributors Group V. Federal Energy Regulatory Commission, Marina Campo 2025 Villanova University Charles Widger School of Law

Pressure In The Pipeline? Hidden Tensions Beneath The Surface In The D.C. Circuit's Analysis Of Alabama Municipal Distributors Group V. Federal Energy Regulatory Commission, Marina Campo

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Law School News: John Dorsey L'10 Selected For U.S. Bankruptcy Court In Rhode Island 6-7-2025, Helga Melgar 2025 Roger Williams University School of Law

Law School News: John Dorsey L'10 Selected For U.S. Bankruptcy Court In Rhode Island 6-7-2025, Helga Melgar

Life of the Law School (1993- )

No abstract provided.


Law School News: Up For A Challenge 6-6-2025, Suzi Morales 2025 Roger Williams University School of Law

Law School News: Up For A Challenge 6-6-2025, Suzi Morales

Life of the Law School (1993- )

No abstract provided.


Is It Time To Scrap Stare Decisis?, Wilfred U. Codrington III 2025 Benjamin N. Cardozo School of Law

Is It Time To Scrap Stare Decisis?, Wilfred U. Codrington Iii

Articles

Shortly after returning to the presidency, Donald Trump terminated several independent federal officers, prompting legal action by employees who occupied government positions covered by statutory for cause removal protections long held constitutionally permissible and valid. Eventually, one or more suits alleging unlawful termination owing to the removal without cause will reach the Supreme Court to be decided on the merits. Having steadily narrowed the Humphrey’s Executor line of cases that insulate these officers, the Court now seems poised to displace that precedent entirely. In isolation, the overruling would mark a seismic doctrinal shift and major advance in legal conservatism's pursuit …


The Gift Of Public Funds Bogeyman, Noah Purcell, Michelle Saperstein 2025 University of Washington School of Law

The Gift Of Public Funds Bogeyman, Noah Purcell, Michelle Saperstein

Washington Law Review

Washington’s “gift of public funds” doctrine is frequently misunderstood in ways that impede innovative ideas aimed at remedying some of our state’s most intractable problems. This doctrine arises from article VIII, sections 5 and 7 of the Washington Constitution, which prohibit state and local governments from gifting assets or loaning credit. While the Washington State Supreme Court historically applied these provisions in restrictive and confusing ways, the Court’s modern jurisprudence recognizes that the doctrine is inapplicable to funding expended for any of the many “fundamental purposes” of government. Even where a government program does not fall under this broad category, …


Whose Truth Commission, Lehlohonolo January 2025 Notre Dame Law School

Whose Truth Commission, Lehlohonolo January

Notre Dame Journal of International & Comparative Law

It is often said that the victor always dictates the narrative and thus dictates how history is represented. The end of Apartheid in South Africa wasn’t a result of an outright victorious defeat of the Apartheid State together with its institutions of coercion but rather came about as a result of a culmination of a series of events. If this adage holds true, then why is it that the narrative seems to paint a picture of a victor’s perspective? This assertion is not made lightly but is no less reflective of how the facts seem to portray themselves in that …


Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly 2025 Creighton University School of Law

Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly

Notre Dame Journal of International & Comparative Law

Today, the rather surprising and sudden surfeit of prosecutions for international crimes by states utilizing universal jurisdiction as we open the second decade of the 21st Century may represent a preference for domestic over international criminal prosecution altogether. Yet, the legitimacy quotient remains a key part of the discussion. For example, as discussed in section V below, with respect to the crime of Russian aggression against Ukraine, opinion is divided as to whether prosecution for this crime should proceed from a newly created international tribunal or from an “internationalized” court within the Ukrainian judicial system.[1] Ukraine backs the …


Volume 15, Issue 1 - Full Issue, Notre Dame Journal of International & Comparative Law Volume 15 2025 Notre Dame Law School

Volume 15, Issue 1 - Full Issue, Notre Dame Journal Of International & Comparative Law Volume 15

Notre Dame Journal of International & Comparative Law

No abstract provided.


Addressing Missingness In Serialized Bureaucratic Data: The Case Of Chinese Courts, Xiaohan Wu, Margaret Roberts, Rachel E. Stern, Benjamin L. Liebman, Amarnath Gupta, Luke Sanford 2025 University of California, San Diego

Addressing Missingness In Serialized Bureaucratic Data: The Case Of Chinese Courts, Xiaohan Wu, Margaret Roberts, Rachel E. Stern, Benjamin L. Liebman, Amarnath Gupta, Luke Sanford

Faculty Scholarship

Courts around the world are putting their data online, making information about caseloads, parties, and decisions available to the public. Yet, this data is far from complete, and often only reflects a portion of courts’ dockets. We offer and validate a set of tools for leveraging serialized bureaucratic data from courts to estimate the proportion of cases available to the public and the time courts take to make decisions. Using data from more than 3,000 courts in China, our methods allow us to assess patterns of missingness in court data across provinces and cities by type of case and to …


Flowing Cleanly: The Proper Roles Of The Courts And The Ftc In The Information Marketplace Of Advertising, Kateri J. Son 2025 Pepperdine University

Flowing Cleanly: The Proper Roles Of The Courts And The Ftc In The Information Marketplace Of Advertising, Kateri J. Son

Journal of the National Association of Administrative Law Judiciary

After an introduction in Section I, Section II of this article will present the history of the commercial speech doctrine, illustrating the rules courts use to evaluate whether the FTC’s actions were constitutional. Section III will explain how the FTC combats deception and will describe the choice of remedies the FTC has available. Section IV will present and evaluate three potential solutions to the conflict between the courts and the FTC on First Amendment issues that courts have implemented. Finally, Section V argues that conflict between the two entities is inevitable, and therefore the middle approach is the best solution …


The Pressure Points Of Professional Identity For Judges In The Modern Era, Charles G. Geyh 2025 Indiana University Maurer School of Law

The Pressure Points Of Professional Identity For Judges In The Modern Era, Charles G. Geyh

Articles by Maurer Faculty

The duties core to the professional identity of a judge are encapsulated in an ethical directive at the literal forefront of the Model Code of Judicial Conduct, some variation of which all state and federal judiciaries have adopted. Rule 1.2 provides that “[a] judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary[.]” This directive implicates three challenges, or pressure points, relevant to a judge’s identity: 1) insofar as judges begin their legal careers as practicing lawyers, when they ascend the bench their professional identities must transition from …


Cybersquatting: Does Re-Registering Trademarks Fall Under The Anti-Cybersquatting Consumer Protection Act?, Taylor Heath 2025 Pepperdine University

Cybersquatting: Does Re-Registering Trademarks Fall Under The Anti-Cybersquatting Consumer Protection Act?, Taylor Heath

The Journal of Business, Entrepreneurship & the Law

This paper will explain the arguments whether the Anti-Cybersquatting Consumer Protection Act (ACPA) prevents cybersquatting from re-registering a domain name, or if the ACPA only prevents cybersquatters from being the first to register a domain name, and concludes that due to the clear intent of the Act and the definition of register, the Act should be interpreted to cover all registrations. Part II provides relevant background including the pre-ACPA laws. Part III provides a detailed explanation of the ACPA, including Congress’s intent, the Court’s breakdown, and the existing law. Part IV provides the relevant case history prior to the circuit …


Social (In)Securities: Should Mass Communication Via Social Media Give Rise To Seller Liability Under Section 12(A) Of The Securities Act? A Proposal To Reconcile The Emerging Circuit Split After Pino, Anika Austin 2025 Brooklyn Law School

Social (In)Securities: Should Mass Communication Via Social Media Give Rise To Seller Liability Under Section 12(A) Of The Securities Act? A Proposal To Reconcile The Emerging Circuit Split After Pino, Anika Austin

Brooklyn Law Review

The internet and social media have not only changed the way we shop, communicate, and seek information, but has also profoundly transformed the financial industry, reshaping how we seek and receive financial advice. Moving away from traditional advisor-client interactions, younger, digital-savvy generations favor seamless online experiences in every aspect of their lives. The rise of user-friendly trading applications and pandemic-driven online engagement has further accelerated this trend, introducing both opportunities and risks for users and those offering financial advice. The use of social media in promoting investments raises concerns about market manipulation, inadequate investor protections, and the application of outdated …


The Role Of Criminology In The Courtroom, Nia Mehroke 2025 San Jose State University

The Role Of Criminology In The Courtroom, Nia Mehroke

Themis: Research Journal of Justice Studies and Forensic Science

Criminology and expert witness testimony play a crucial role in modern-day court proceedings. Scientific data and insights utilized in criminology can assist with seeking justice and fairness. This essay aims to provide a basis for the history of criminology and define the practice. It will explore the evolution of criminology practices and how theories have developed that are still utilized today. Furthermore, it will discuss criminologists’ many contributions as expert witnesses, including the role of ethics that criminologists must follow in court. Some key ideas presented include the methodologies criminologists use to present evidence and what standard criminologists must follow …


Digital Commons powered by bepress