Federalism, Marriage, And Heather Gerken's Mad Genius,
2015
Boston University School of Law
Federalism, Marriage, And Heather Gerken's Mad Genius, Kristin Collins
Faculty Scholarship
In her characteristically astute and engaging essay, Professor Heather Gerken offers a sensitive and sympathetic reading of Justice Anthony Kennedy’s majority opinion in United States v. Windsor.1 Her core claim is that Windsor—and the transformation of political and legal support for same-sex marriage in the United States—demonstrate how “federalism and rights work together to promote change” and, in particular, how federalism furthers the equality and liberty values of the Fourteenth Amendment.2 This is a natural line of argument for Gerken to develop with respect to Windsor, as she has produced an incredible body of scholarship dedicated to what …
Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984.,
2015
University of Georgia School of Law
Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer
Georgia Journal of International & Comparative Law
No abstract provided.
Export Controls - A Private Cause Of Action Under The Export Administration Act Of 1979,
2015
University of Georgia School of Law
Export Controls - A Private Cause Of Action Under The Export Administration Act Of 1979, Wilbur Owens
Georgia Journal of International & Comparative Law
No abstract provided.
Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines,
2015
Jenner & Block
Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen
Georgia Journal of International & Comparative Law
No abstract provided.
Chevron'S Legacy, Justice Scalia's Two Enigmatic Dissents, And His Return To The Fold In City Of Arlington, Tex. V. Fcc,
2015
The Catholic University of America, Columbus School of Law
Chevron'S Legacy, Justice Scalia's Two Enigmatic Dissents, And His Return To The Fold In City Of Arlington, Tex. V. Fcc, Stephen J. Leacock
Catholic University Law Review
The creation by the judiciary of the doctrine of Chevron deference to administrative agencies’ determinations, followed by the judiciary’s application and supervision of the Chevron deference doctrine in Administrative Law continue. Protection by the judiciary of the evolution of the doctrine also continues as an integral component of the judiciary’s contribution to the central objective of the three coequal branches of government to achieve for the United States a more perfect union. However, synergistic cooperation between the three branches in order to achieve that central objective requires that each branch honor its own constitutional obligation under the United States Constitution …
The Lock-In Effect Of Preliminary Injunctions,
2015
University of Denver Sturm College of Law
The Lock-In Effect Of Preliminary Injunctions, Kevin J. Lynch
Florida Law Review
Judges suffer from the same cognitive biases that afflict the rest of us. They use shortcuts to help them deal with the uncertainty and time pressure inherent in the judicial process. Judges should be aware of the conditions when those shortcuts lead to systemic biases in decision-making, and adjust legal standards to reduce or avoid such bias altogether.
One important bias economists and psychologists have identified is the lock-in effect. The lock-in effect causes a decision maker who must revisit an earlier decision to be locked in to that earlier decision. The effect is particularly pronounced where the earlier decision …
A Justice System Overwhelmed,
2015
University of Baltimore School of Law
A Justice System Overwhelmed, Colin Starger
All Faculty Scholarship
No abstract provided.
In Search Of The Real Roberts Court,
2015
American University Washington College of Law
In Search Of The Real Roberts Court, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Hijacking Justice: Assessing The Emergency Driven Analysis Of Confrontation Clause Jurisprudence,
2015
Benjamin N. Cardozo School of Law
Hijacking Justice: Assessing The Emergency Driven Analysis Of Confrontation Clause Jurisprudence, Steven C. Berlowitz
Cardozo Law Review
No abstract provided.
Realism About Judges,
2015
Northwestern Pritzker School of Law
Realism About Judges, Richard A. Posner
Northwestern University Law Review
No abstract provided.
Beyond Principal-Agent Theories: Law And The Judicial Hierarchy,
2015
Northwestern Pritzker School of Law
Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline T. Kim
Northwestern University Law Review
No abstract provided.
Arbitration - Arbitrability Of Antitrust Claims Arising From An International Commercial Contract - Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc., 105 S. Ct. 3346 (1985).,
2015
University of Georgia School of Law
Arbitration - Arbitrability Of Antitrust Claims Arising From An International Commercial Contract - Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc., 105 S. Ct. 3346 (1985)., William L. Blagg
Georgia Journal of International & Comparative Law
No abstract provided.
The Impact Of Third Preference Status (Professionals) On Immigrants As Created By The 1965 Amendment To The Immigration And Nationality Act - Retraction Of Expansion Of Degree Equivalency - Matter Of Portugues Do Atlantico Information Bureau, Inc.,
2015
University of Georgia School of Law
The Impact Of Third Preference Status (Professionals) On Immigrants As Created By The 1965 Amendment To The Immigration And Nationality Act - Retraction Of Expansion Of Degree Equivalency - Matter Of Portugues Do Atlantico Information Bureau, Inc., Debra A. Egger
Georgia Journal of International & Comparative Law
No abstract provided.
The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?,
2015
University of Georgia School of Law
The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr
Georgia Journal of International & Comparative Law
No abstract provided.
Immigration - Due Process - The Availability Of Constitutional Safeguards To Detained Cuban Aliens, Garcia-Mir V. Meese, 788 F.2d 1446 (11th Cir. 1986), Cert. Denied, 107 S. Ct. 289 (1986).,
2015
University of Georgia School of Law
Immigration - Due Process - The Availability Of Constitutional Safeguards To Detained Cuban Aliens, Garcia-Mir V. Meese, 788 F.2d 1446 (11th Cir. 1986), Cert. Denied, 107 S. Ct. 289 (1986)., Elizabeth G. Marlowe
Georgia Journal of International & Comparative Law
No abstract provided.
A Typology Of Judging Styles,
2015
Northwestern Pritzker School of Law
A Typology Of Judging Styles, Corey Rayburn Yung
Northwestern University Law Review
This Article calls into question the fundamental premises of models of judicial decisionmaking utilized by legal and political science scholars. In the place of the predominant theories, I offer a new approach to understanding judicial behavior which recognizes judicial heterogeneity, multidimensional behavior, and interconnectedness among judges at different levels within the judiciary. The study utilizes a unique dataset of over 30,000 judicial votes from eleven courts of appeals in 2008, yielding statistically independent measures for judicial activism, ideology, independence, and partisanship. Based upon those four metrics, statistical cluster analysis is used to identify nine statistically distinct judging styles: Trailblazing, Consensus …
Trial By Google: Judicial Notice In The Information Age,
2015
Northwestern Pritzker School of Law
Trial By Google: Judicial Notice In The Information Age, Jeffrey Bellin, Andrew Guthrie Ferguson
Northwestern University Law Review
This Article presents a theory of judicial notice for the information age. It argues that the ease of accessing factual data on the Internet allows judges and litigants to expand the use of judicial notice in ways that raise significant concerns about admissibility, reliability, and fair process. State and federal courts are already applying the surprisingly pliant judicial notice rules to bring websites ranging from Google Maps to Wikipedia into the courtroom, and these decisions will only increase in frequency in coming years. This rapidly emerging judicial phenomenon is notable for its ad hoc and conclusory nature—attributes that have the …
Spokeo V. Robins And The Constitutional Foundations Of Statutory Standing,
2015
University of Maryland School of Law
Spokeo V. Robins And The Constitutional Foundations Of Statutory Standing, Maxwell Stearns
Faculty Scholarship
In Spokeo v. Robins, the Supreme Court granted certiorari to address the following question: Does Congress have the power to confer standing upon an individual claiming that a privately owned website violated its federal statutory obligation to take specified steps designed to promote accuracy in aggregating and reporting his personal and financial data even if the resulting false disclosures did not produce concrete harm? This somewhat arcane standing issue involves congressional power to broaden the scope of the first of three constitutional standing requirements: injury in fact, causation, and redressability. Although the case does not directly address the prudential …
Reddall V. Bryan And The Role Of State Law In Federal Eminent Domain Jurisprudence,
2015
University of Maryland Francis King Carey School of Law
Reddall V. Bryan And The Role Of State Law In Federal Eminent Domain Jurisprudence, Shannon Frede
Legal History Publications
Prior to 1875, the standard federal takings procedure had been for state governments to condemn property on behalf of the federal government. As a result, the majority of interpretative work in the early history of eminent domain jurisprudence was undertaken by state courts. In 1853, the Maryland General Assembly granted the United States Government the power to condemn land in Maryland for an aqueduct across the Potomac to supply water to two District cities. In Reddall v. Bryan, the Maryland Court of Appeals upheld the aqueduct supplying the city of Washington with water as a public use. The Court …
The Liabilities Of Sureties,
2015
Osgoode Hall Law School of York University
The Liabilities Of Sureties, Daniel P. Cipollone
Osgoode Legal Studies Research Paper Series
This paper provides an overview of when a surety may be released from his or her obligations under a guarantee following a material variation to the principal lending contract. Part I frames the overall discussion by reviewing the role and importance of guarantees in contemporary commerce, outlining the central tenets of guarantee obligations, and distinguishing them as a subset of indemnities. Part II reviews how sureties have traditionally enjoyed a favoured status at law as well as what, in law, is considered to constitute a material variation. Part III introduces and sets out a longstanding rule governing the liability of …
