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7,580 full-text articles. Page 162 of 212.

Tribute To Justice Rosalie Wahl, Eric J. Magnuson 2014 Mitchell Hamline School of Law

Tribute To Justice Rosalie Wahl, Eric J. Magnuson

William Mitchell Law Review

No abstract provided.


Tribute To Justice Rosalie Wahl, Donovan W. Frank 2014 Mitchell Hamline School of Law

Tribute To Justice Rosalie Wahl, Donovan W. Frank

William Mitchell Law Review

No abstract provided.


Tribute To Justice Rosalie Wahl, Eric S. Janus 2014 Mitchell Hamline School of Law

Tribute To Justice Rosalie Wahl, Eric S. Janus

William Mitchell Law Review

No abstract provided.


Tribute To Justice Rosalie Wahl, Harriet Lansing 2014 Mitchell Hamline School of Law

Tribute To Justice Rosalie Wahl, Harriet Lansing

William Mitchell Law Review

No abstract provided.


Tribute To Justice Rosalie Wahl, Sharon Sayles Belton 2014 Mitchell Hamline School of Law

Tribute To Justice Rosalie Wahl, Sharon Sayles Belton

William Mitchell Law Review

No abstract provided.


Supreme Court Of The United States, October Term 2014 Preview, Georgetown University Law Center, Supreme Court Institute 2014 Georgetown University Law Center

Supreme Court Of The United States, October Term 2014 Preview, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


The March Of Judicial Cosmopolitanism And The Legacy Of Enemy Combatant Case Law, Madalina Lulia Sontrop 2014 Osgoode Hall Law School of York University

The March Of Judicial Cosmopolitanism And The Legacy Of Enemy Combatant Case Law, Madalina Lulia Sontrop

LLM Theses

This thesis explores the concept of judicial cosmopolitanism and its prevalence in enemy combatant case law. The author draws upon the theoretical and philosophical underpinnings of cosmopolitanism and cosmopolitan law to describe judicial cosmopolitanism as form of legal discourse through which judges show a willingness to extend constitutional protections based on a contemporary, functional understanding of sovereign jurisdiction. The purpose of this work is to address the correlation between enemy combatant jurisprudence and the aforementioned understanding of judicial cosmopolitanism. It is argued that a march of judicial cosmopolitanism developed early in enemy combatant cases, and that it came to a …


Should Courts Do Behavioral Analysis Of Boardroom Conduct?, Dale A. Oesterle 2014 University of Maryland Francis King Carey School of Law

Should Courts Do Behavioral Analysis Of Boardroom Conduct?, Dale A. Oesterle

Journal of Business & Technology Law

No abstract provided.


A Case Study Of Patent Litigation Transparency, Bernard Chao, Derigan Silver 2014 University of Denver

A Case Study Of Patent Litigation Transparency, Bernard Chao, Derigan Silver

Sturm College of Law: Faculty Scholarship

By focusing on a single high profile patent case, Monsanto v. DuPont, this article explores the problem of transparency in patent litigation from two perspectives. First, this article provides metrics for understanding the nature and quantity of documents that were filed under seal in the Monsanto case. Second, this article scrutinizes particular aspects of the case to provide a more nuanced understanding of what the public cannot see. Although primarily descriptive, this article critically analyzes the sealing of so many documents by questioning the level of judicial oversight applied in decisions to seal court filings. It then goes on to …


Disparity In Judicial Misconduct Cases: Color-Blind Diversity?, Athena D. Mutua 2014 University at Buffalo School of Law

Disparity In Judicial Misconduct Cases: Color-Blind Diversity?, Athena D. Mutua

Journal Articles

This article presents and analyzes preliminary data on racial and gender disparities in state judicial disciplinary actions. Studies of demographic disparities in the context of judicial discipline do not exist. This paper presents a first past and preliminary look at the data collected on the issue and assembled into a database. The article is also motivated by the resistance encountered to inquiries into the demographic profile of the state bench and its judges. As such, it also tells the story of the journey undertaken to secure this information and critiques what the author terms a practice of colorblind diversity. Initially …


Gerald Bard Tjoflat: A Profile, Daniel S. Bowling III 2014 Duke Law School

Gerald Bard Tjoflat: A Profile, Daniel S. Bowling Iii

Faculty Scholarship

No abstract provided.


The Effectiveness Of International Adjudicators, Laurence R. Helfer 2014 Duke Law School

The Effectiveness Of International Adjudicators, Laurence R. Helfer

Faculty Scholarship

This chapter, in the Oxford Handbook of International Adjudication, provides an overview of the burgeoning literature on the effectiveness of international courts and tribunals (ICs). It considers four dimensions of effectiveness that have engendered debates among scholars or received insufficient scrutiny. The first dimension, case-specific effectiveness, evaluates whether the litigants to a specific dispute change their behavior following an IC ruling, an issue closely linked to compliance with IC judgments. The second variant, erga omnes effectiveness, assesses whether IC decisions have systemic precedential effects that influence the behavior of all states subject to a tribunal’s jurisdiction. The third approach, embeddedness …


A Winner’S Curse?: Promotions From The Lower Federal Courts, Stephen J. Choi, Mitu Gulati, Eric A. Posner 2014 Duke Law School

A Winner’S Curse?: Promotions From The Lower Federal Courts, Stephen J. Choi, Mitu Gulati, Eric A. Posner

Faculty Scholarship

The standard model of judicial behavior suggests that judges primarily care about deciding cases in ways that further their political ideologies. But judicial behavior seems much more complex. Politicians who nominate people for judgeships do not typically tout their ideology (except sometimes using vague code words), but they always claim that the nominees will be competent judges. Moreover, it stands to reason that voters would support politicians who appoint competent as well as ideologically compatible judges. We test this hypothesis using a dataset consisting of promotions to the federal circuit courts. We find, using a set of objective measures of …


Tribute To Randall Shepard, Kevin D. Brown 2014 Indiana University Maurer School of Law

Tribute To Randall Shepard, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


The Continuing Battle Over The Second Amendment, Allen K. Rostron 2014 University of Missouri - Kansas City, School of Law

The Continuing Battle Over The Second Amendment, Allen K. Rostron

Faculty Works

No abstract provided.


The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank 2014 Barry University

The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank

Faculty Scholarship

No abstract provided.


Behind The U.S. Reports: Justice Brennan's Unpublished Opinions And Memoranda In New York Times V. Sullivan And Its Progeny, Stephen Wermiel 2014 American University Washington College of Law

Behind The U.S. Reports: Justice Brennan's Unpublished Opinions And Memoranda In New York Times V. Sullivan And Its Progeny, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

The contributions Justice William J. Brennan Jr. made to free expression in general and the law of libel in particular are unquestioned. His opinion in New York Times Co. v. Sullivan and cases that followed established sturdy protection for critics of public officials and helped further the marketplace of ideas that is so important for public discourse. Justice Brennan wrote thousands of words about Sullivan and its impact that never appeared in published opinions, however. Often he was required to alter his writings to accommodate the views of other justices needed for a majority. Those unpublished opinions – and memoranda …


Nlrb V. Noel Canning Presents A Nonjusticiable Political Question, Victor Williams 2014 Columbus School of Law, Catholic University of America

Nlrb V. Noel Canning Presents A Nonjusticiable Political Question, Victor Williams

Cardozo Law Review de•novo

This Article argues that the Noel Canning challenge to the President’s use of his recess appointment authority presents a nonjusticiable political question. The work draws from arguments developed for this author’s Supreme Court amicus briefs in Noel Canning, other amicus briefs lodged during the past year for related actions in the Third, Fourth, Seventh, Ninth, and D.C. Circuits, and a variety of this author’s commentary on federal appointments.


Institutional Stress And The Federal District Courts: Judicial Emergencies, Vertical Norms, And Pretrial Dismissals, Daniel J. Knudsen 2014 SJ Quinney College of Law, University of Utah

Institutional Stress And The Federal District Courts: Judicial Emergencies, Vertical Norms, And Pretrial Dismissals, Daniel J. Knudsen

Utah Law Review

This Article examines the effects of judicial emergencies on the federal district courts. The Administrative Office of the U.S. Courts declares judicial emergencies when a weighted statistic of filings and vacancy days exceeds certain thresholds. This Article presents evidence on the relationship between emergency status in a judicial circuit and the frequency of pretrial disposition in federal district courts within that circuit: a federal district court is statistically more likely to dismiss a case before trial if its corresponding circuit court is in emergency. This evidence suggests that emergency status may affect normative expectations between the federal district courts and …


Juries, Lay Judges, And Trials, Toby S. Goldbach, Valerie P. Hans 2014 Cornell Law School

Juries, Lay Judges, And Trials, Toby S. Goldbach, Valerie P. Hans

Cornell Law Faculty Working Papers

“Juries, Lay Judges, and Trials” describes the widespread practice of including ordinary citizens as legal decision makers in the criminal trial. In some countries, lay persons serve as jurors and determine the guilt and occasionally the punishment of the accused. In others, citizens decide cases together with professional judges in mixed decision-making bodies. What is more, a number of countries have introduced or reintroduced systems employing juries or lay judges, often as part of comprehensive reform in emerging democracies. Becoming familiar with the job of the juror or lay citizen in a criminal trial is thus essential for understanding contemporary …


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