Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited,
2016
University of Arkansas Little Rock
Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter
The Journal of Appellate Practice and Process
No abstract provided.
Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel,
2016
New York State Defenders Association
Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel, Ken Strutin
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Standing For (And Up To) Separation Of Powers,
2016
University of Georgia School of Law
Standing For (And Up To) Separation Of Powers, Kent H. Barnett
Indiana Law Journal
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) safeguards, such as by obtaining valid appointments, exercising certain limited powers, and being sufficiently subject to the President’s control. Who can best protect these safeguards? A growing number of scholars would allow only the political branches—Congress and the President—to defend them. These scholars would limit or end judicial review because private judicial challenges are aberrant to justiciability doctrine and lead courts to meddle in minor matters that rarely affect regulatory outcomes.
This Article defends the right of private parties to assert justiciable structural causes of action, arguing that …
Res Judicata As Requisite For Justice,
2016
Cornell Law School
Res Judicata As Requisite For Justice, Kevin M. Clermont
Cornell Law Faculty Publications
From historical, jurisprudential, and comparative perspectives, this Article tries to synthesize res judicata while integrating it with the rest of law. From near their beginnings, all systems of justice have delivered a core of res judicata comprising the substance of bar and defense preclusion. This core is universal not because it represents a universal value, but rather because it responds to a universal institutional need. Any justice system must have adjudicators; to be effective, their judgments must mean something with bindingness; and the minimal bindingness is that, except in specified circumstances, the disgruntled cannot undo a judgment in an effort …
Ttab Decisions No Longer The “Red-Headed Stepchild” Of Precedential Authority,
2016
Student and Contributing Member for IPCLJ (2015-2016), University of Cincinnati College of Law
Ttab Decisions No Longer The “Red-Headed Stepchild” Of Precedential Authority, Rebecca Knight
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
The Impact Of The United Nations On National Abortion Laws,
2016
The Catholic University of America, Columbus School of Law
The Impact Of The United Nations On National Abortion Laws, Kelsey Zorzi
Catholic University Law Review
Reviewing UN initiatives in concert with changes in State abortion laws, this Essay argues that through consensus resolutions that emerge from UN conferences, the recommendations of the Treaty Monitoring Bodies, and the Human Rights Council’s Universal Periodic Review, the UN has influenced State to adopt permissive domestic abortion laws. The essay discusses and provides examples of how the UN does this. The Essay also discusses the impact of pro-abortion interpretations of international treaties and the actions taken by signatory nations to require legalized abortions in their wake.
Hopeful Clarity Or Hopeless Disarray?: An Examination Of Town Of Greece V. Galloway And The Establishment Clause,
2016
The Catholic University of America, Columbus School of Law
Hopeful Clarity Or Hopeless Disarray?: An Examination Of Town Of Greece V. Galloway And The Establishment Clause, Krista M. Pikus
Catholic University Law Review
Reviewing Establishment Clause jurisprudence of the Supreme Court, this article notes that the current state of this area of law is in hopeless disarray and argues that the Court should resolve this confusion by employing a few proposed solutions. The article begins by reviewing and analyzing the confusion surrounding modern Establishment Clause jurisprudence. The article then discusses what interpretation of the Establishment Clause should be controlling: strict-separationism, nonpreferentialism, enhanced federalism, or the incorporation doctrine. Next, the article details what is wrong with modern establishment clause jurisprudence, namely, the Court’s inconsistent application of different tests to assess government action under the …
Deconstructing The Wall: The Analysis And Implications Of The 2004 International Court Of Justice Advisory Opinion On The Use Of Border Walls,
2016
George Mason University
Deconstructing The Wall: The Analysis And Implications Of The 2004 International Court Of Justice Advisory Opinion On The Use Of Border Walls, Noah T. Black
MAD-RUSH Undergraduate Research Conference
This research project looks at the various jurisprudences surrounding the 2004 ICJ Advisory Opinion on the Israeli Barrier and analyzes the arguments both in support and in opposition to the Court’s decision. It then looks at the conditions for the illegality of the Israeli Barrier that were established by the Court, analyzes them, and synthesizes a list of characteristics that can be applied to other barriers in order to determine their legality. This checklist, if you will, is then applied to other border walls in order to make a tentative conclusion about their legality and if a suit could be …
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook,
2016
Touro Law School
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post
Touro Law Review
No abstract provided.
History, Heller, And High-Capacity Magazines: What Is The Proper Standard Of Review For Second Amendment Challenges?,
2016
Fordham University School of Law
History, Heller, And High-Capacity Magazines: What Is The Proper Standard Of Review For Second Amendment Challenges?, Lindsay Colvin
Fordham Urban Law Journal
No abstract provided.
What Is Urban Law Today? An Introductory Essay In Honor Of The Fortieth Anniversary Of The Fordham Urban Law Journal,
2016
Fordham University School of Law
What Is Urban Law Today? An Introductory Essay In Honor Of The Fortieth Anniversary Of The Fordham Urban Law Journal, Nestor M. Davidson
Fordham Urban Law Journal
No abstract provided.
The Recognition Act, Anti-Suit Injunctions, The Dja, And Much More Fun: The Story Of The Chevron-Ecuador Litigation And The Resulting Problems Of Aggressive Multinational Enforcement Proceedings,
2016
Fordham University School of Law
The Recognition Act, Anti-Suit Injunctions, The Dja, And Much More Fun: The Story Of The Chevron-Ecuador Litigation And The Resulting Problems Of Aggressive Multinational Enforcement Proceedings, Emily Seiderman
Fordham Urban Law Journal
No abstract provided.
Reconsidering The Standards Of Admission For Prior Bad Acts Evidence In Light Of Research On False Memories And Witness Preparation,
2016
Fordham University School of Law
Reconsidering The Standards Of Admission For Prior Bad Acts Evidence In Light Of Research On False Memories And Witness Preparation, Jason Tortora
Fordham Urban Law Journal
No abstract provided.
Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities,
2016
Vanderbilt University Law School
Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin
Fordham Urban Law Journal
No abstract provided.
Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings,
2016
Fordham University School of Law
Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez
Fordham Urban Law Journal
No abstract provided.
Second Amendment Standards Of Review In A Heller World,
2016
George Mason University School of Law
Second Amendment Standards Of Review In A Heller World, Nelson Lund
Fordham Urban Law Journal
No abstract provided.
Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis,
2016
College of William & Mary
Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody
Fordham Urban Law Journal
No abstract provided.
Rights Versus Duties, History Department Lawyering, And The Incoherence Of Justice Stevens’S Heller Dissent,
2016
Fordham University School of Law
Rights Versus Duties, History Department Lawyering, And The Incoherence Of Justice Stevens’S Heller Dissent, Nicholas J. Johnson
Fordham Urban Law Journal
No abstract provided.
Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation,
2016
Fordham Law School
Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook
Fordham Urban Law Journal
No abstract provided.
Gun Control And The Second Amendment: Developments And Controversies In The Wake Of District Of Columbia V. Heller And Mcdonald V. Chicago,
2016
United States Attorney’s Office for the Southern District of New York
Gun Control And The Second Amendment: Developments And Controversies In The Wake Of District Of Columbia V. Heller And Mcdonald V. Chicago, Harris Fischman
Fordham Urban Law Journal
No abstract provided.
