Guide to Law Review Research West Customer Service
Total Page：16
File Type：pdf, Size：1020Kb
Load more
Recommended publications
-
Two Cheers for Judicial Restraint: Justice White and the Role of the Supreme Court Justice White and the Exercise of Judicial Power
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2003 Two Cheers for Judicial Restraint: Justice White and the Role of the Supreme Court Justice White and the Exercise of Judicial Power Dennis J. Hutchinson Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Dennis J. Hutchinson, "Two Cheers for Judicial Restraint: Justice White and the Role of the Supreme Court Justice White and the Exercise of Judicial Power," 74 University of Colorado Law Review 1409 (2003). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. TWO CHEERS FOR JUDICIAL RESTRAINT: JUSTICE WHITE AND THE ROLE OF THE SUPREME COURT DENNIS J. HUTCHINSON* The death of a Supreme Court Justice prompts an account- ing of his legacy. Although Byron R. White was both widely admired and deeply reviled during his thirty-one-year career on the Supreme Court of the United States, his death almost a year ago inspired a remarkable reconciliation among many of his critics, and many sounded an identical theme: Justice White was a model of judicial restraint-the judge who knew his place in the constitutional scheme of things, a jurist who fa- cilitated, and was reluctant to override, the policy judgments made by democratically accountable branches of government. The editorial page of the Washington Post, a frequent critic during his lifetime, made peace post-mortem and celebrated his vision of judicial restraint.' Stuart Taylor, another frequent critic, celebrated White as the "last true believer in judicial re- straint."2 Judge David M. -
Flash Reports on Labour Law January 2017 Summary and Country Reports
Flash Report 01/2017 Flash Reports on Labour Law January 2017 Summary and country reports EUROPEAN COMMISSION Directorate DG Employment, Social Affairs and Inclusion Unit B.2 – Working Conditions Flash Report 01/2017 Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). LEGAL NOTICE This document has been prepared for the European Commission however it reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein. More information on the European Union is available on the Internet (http://www.europa.eu). Luxembourg: Publications Office of the European Union, 2017 ISBN ABC 12345678 DOI 987654321 © European Union, 2017 Reproduction is authorised provided the source is acknowledged. Flash Report 01/2017 Country Labour Law Experts Austria Martin Risak Daniela Kroemer Belgium Wilfried Rauws Bulgaria Krassimira Sredkova Croatia Ivana Grgurev Cyprus Nicos Trimikliniotis Czech Republic Nataša Randlová Denmark Natalie Videbaek Munkholm Estonia Gaabriel Tavits Finland Matleena Engblom France Francis Kessler Germany Bernd Waas Greece Costas Papadimitriou Hungary Gyorgy Kiss Ireland Anthony Kerr Italy Edoardo Ales Latvia Kristine Dupate Lithuania Tomas Davulis Luxemburg Jean-Luc Putz Malta Lorna Mifsud Cachia Netherlands Barend Barentsen Poland Leszek Mitrus Portugal José João Abrantes Rita Canas da Silva Romania Raluca Dimitriu Slovakia Robert Schronk Slovenia Polonca Končar Spain Joaquín García-Murcia Iván Antonio Rodríguez Cardo Sweden Andreas Inghammar United Kingdom Catherine Barnard Iceland Inga Björg Hjaltadóttir Liechtenstein Wolfgang Portmann Norway Helga Aune Lill Egeland Flash Report 01/2017 Table of Contents Executive Summary .............................................. -
Supreme Court of Vermont- Nathaniel West V
West v. Holmes, 26 Vt. 530 (1854) contract 26 Vt. 530 Gaming and Lotteries Supreme Court of Vermont. Stakeholders NATHANIEL WEST All wagers are illegal; and a party making such a v. wager and depositing it in the hands of a GEORGE R. HOLMES. stakeholder may, by demanding it back at any time before it is paid over to the winner by his April Term, 1854. express or implied assent, entitle himself to recover back the money or other thing, and the stakeholder will be liable if he subsequently pays the winner. West Headnotes (4) 1 Cases that cite this headnote [1] Contracts Recovery of money paid or property transferred Gaming and Lotteries [4] Contracts Persons entitled to recover Recovery of money paid or property transferred At common law, the parties to a gaming Gaming and Lotteries transaction stand in pari delicto, and money lost Particular Contexts and paid over cannot be recovered. Money lost upon an ordinary wager does not come within C.S. 1850, c. 110, § 12, which 1 Cases that cite this headnote provides for the recovery of money lost at a “game or sport.” Cases that cite this headnote [2] Contracts Recovery of money paid or property transferred Gaming and Lotteries Persons liable and extent of liability Where a stakeholder pays the money over to the **1 *531 ASSUMPSIT for money had and received. winner, after the other party has demanded it of him, the loser may pursue the money into the Plea, the general issue, and trial by the court. winner’s hands, or into the hands of any person to whom it comes. -
A Handbook of Citation Form for Law Clerks at the Appellate Courts of the State of Hawai#I
A HANDBOOK OF CITATION FORM FOR LAW CLERKS AT THE APPELLATE COURTS OF THE STATE OF HAWAI ###I 2008 Edition Hawai #i State Judiciary 417 South King Street Honolulu, HI 96813 TABLE OF CONTENTS I. CASES............................................ .................... 2 A. Basic Citation Forms ............................................... 2 1. Hawai ###i Courts ............................................. 2 a. HAWAI #I SUPREME COURT ............................... 2 i. Pre-statehood cases .............................. 2 ii. Official Hawai #i Reports (volumes 1-75) ............. 3 iii. West Publishing Company Volumes (after 75 Haw.) . 3 b. INTERMEDIATE COURT OF APPEALS ........................ 3 i. Official Hawai #i Appellate Reports (volumes 1-10) . 3 ii. West Publishing Company Volumes (after 10 Haw. App.) .............................................. 3 2. Federal Courts ............................................. 4 a. UNITED STATES SUPREME COURT ......................... 4 b. UNITED STATES COURTS OF APPEALS ...................... 4 c. DISTRICT COURTS ...................................... 4 3. Other State Courts .......................................... 4 B. Case Names ................................................... 4 1. Case Names in Textual Sentences .............................. 5 a. ACTIONS AND PARTIES CITED ............................ 5 b. PROCEDURAL PHRASES ................................. 5 c. ABBREVIATIONS ....................................... 5 i. in textual sentences .............................. 5 ii. business -
List of Abbreviations
List of Abbreviations A. C. Appeal Cases, English Law Reports, r8gr-. Aetas de las Sesiones Aetas de las Sesiones del Congreso Sud-Amer icano de Derecho Internacional Privado, Buenos Aires, r88g. Adl. Clem. Sammlung von Entscheidungen zum Handels gesetzbuch, zusammengestellt von Adler und Clemens, fortgesetzt von Friedlander (Austria). Ala. Alabama Reports. All E. R. All England Law Reports, Annotated. Allg. BGB. Allgemeines Biirgerliches Gesetzbuch (Aus- tria). Allg. HGB. Allgemeines Handelsgesetzbuch (Austria). All g. W echselord- Allgemeine Wechselordnung (Germany). nung A. L. R. American Law Reports, Annotated. Am. Dec. American Decisions ( Select Cases) . Am. J. Int. Law American Journal of International Law. Am. Jur. American Jurisprudence. San Francisco, New York, 1936-. Am. Marit. Cas. American Maritime Cases. Am. Rep. American Reports. Annales de Droit Annales de droit commercial et industriel Commercial fran~ais, etranger et international, fondees par M. E. Thaller, Paris, r887-. Ann. Cas. American Annotated Cases. Annuaire Annuaire de l'Institut de droit international. Annual Digest Annual Digest of Public International Law Cases, London. Annual Survey Annual Survey of American Law, New York University School of Law. Annuario Dir. Camp. Annuario di diritto comparato e di studi legis lativi. App. Cour d'appel; corti d'appello. App. Cas. Appeal Cases, English Law Reports, 1876- r8go. xxxi XXXll LIST OF ABBREVIATIONS App. D.C. Appeal Cases, District of Columbia. App. Div. New York Supreme Court, Appellate Division Reports. Arch. Civ. Prax. Archiv fiir die civilistische Praxis (Germany) . Arch. Jud. Archivo judiciario (Brazil). Ariz. Arizona Reports. Ark. Arkansas Reports. Asp. Marit. Cas. Aspinall's Maritime Cases. Atl. Atlantic Reporter, National Reporter System (United States). -
19-292 Torres V. Madrid (03/25/2021)
(Slip Opinion) OCTOBER TERM, 2020 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus TORRES v. MADRID ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 19–292. Argued October 14, 2020—Decided March 25, 2021 Respondents Janice Madrid and Richard Williamson, officers with the New Mexico State Police, arrived at an Albuquerque apartment com- plex to execute an arrest warrant and approached petitioner Roxanne Torres, then standing near a Toyota FJ Cruiser. The officers at- tempted to speak with her as she got into the driver’s seat. Believing the officers to be carjackers, Torres hit the gas to escape. The officers fired their service pistols 13 times to stop Torres, striking her twice. Torres managed to escape and drove to a hospital 75 miles away, only to be airlifted back to a hospital in Albuquerque, where the police ar- rested her the next day. Torres later sought damages from the officers under 42 U. S. C. §1983. She claimed that the officers used excessive force against her and that the shooting constituted an unreasonable seizure under the Fourth Amendment. Affirming the District Court’s grant of summary judgment to the officers, the Tenth Circuit held that “a suspect’s continued flight after being shot by police negates a Fourth Amendment excessive-force claim.” 769 Fed. -
Edward Douglas White: Frame for a Portrait Paul R
Louisiana Law Review Volume 43 | Number 4 Symposium: Maritime Personal Injury March 1983 Edward Douglas White: Frame for a Portrait Paul R. Baier Louisiana State University Law Center Repository Citation Paul R. Baier, Edward Douglas White: Frame for a Portrait, 43 La. L. Rev. (1983) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol43/iss4/8 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. V ( TI DEDICATION OF PORTRAIT EDWARD DOUGLASS WHITE: FRAME FOR A PORTRAIT* Oration at the unveiling of the Rosenthal portrait of E. D. White, before the Louisiana Supreme Court, October 29, 1982. Paul R. Baier** Royal Street fluttered with flags, we are told, when they unveiled the statue of Edward Douglass White, in the heart of old New Orleans, in 1926. Confederate Veterans, still wearing the gray of '61, stood about the scaffolding. Above them rose Mr. Baker's great bronze statue of E. D. White, heroic in size, draped in the national flag. Somewhere in the crowd a band played old Southern airs, soft and sweet in the April sunshine. It was an impressive occasion, reported The Times-Picayune1 notable because so many venerable men and women had gathered to pay tribute to a man whose career brings honor to Louisiana and to the nation. Fifty years separate us from that occasion, sixty from White's death. -
Legal Research, Legal Writing, and Legal Analysis: Putting Law School Into Practice
File: Rowe.381.GALLEY(f).doc Created on: 10/5/2009 2:06:00 PM Last Printed: 10/5/2009 2:10:00 PM LEGAL RESEARCH, LEGAL WRITING, AND LEGAL ANALYSIS: PUTTING LAW SCHOOL INTO PRACTICE Suzanne E. Rowe∗ When I began law school, I thought my goal was to master— and memorize—every case, statute, and rule I would need to practice law. I would put all this knowledge into a magic brief- case. Then when a client came to see me with a problem, I would reach into my magic briefcase and pull out the obvious answer! I was wrong. First, no one could ever memorize enough law to make my magic briefcase work; one visit to the library shows how naive I was. Second, most legal questions do not have obvious an- swers. If the answers were obvious, clients would not be willing to pay much for a lawyer’s services. Instead of memorizing cases that would solve easy problems, I learned that researching, analyzing, and writing about the law occurs as a complex, interwoven process. Through that process, lawyers learn of the law that exists and then fashion arguments, documents, and transactions to solve clients’ problems; novel ap- proaches are steeped in the cases, statutes, and rules that the lawyer has located through thorough research. That process—not magic—is the practice of law. In all law school classes, students learn legal analysis. In classes devoted to legal research and writing, students weave analysis into research and writing and learn how to practice law.1 This article intro- ∗ © 2009, Suzanne E. -
Technique of Legal Research for the Practicing Lawyer*
LAW LIBRARY. JOURNAL Volume 31 JANUARY, 1938 Number 1 TECHNIQUE OF LEGAL RESEARCH FOR THE PRACTICING LAWYER* FREDERICK c.·HICKS Professor of Law and Law Librarian, Yale University Law School ·Research is a word to conjure with. By its use vast sums of money have been extracted from the treasuries of foundations, corporations and universities, and by devotion to it in action, the ancient world has been transformed into the marvelous world o£ today. There are two kinds o£ research, pure research which seeks to extend the bounds of knowledge by discoveries; and a more humble kind which takes facts already known, assembles them, and classifies them in new ways, thereby bringing to light new relationships·. In this kind of research, one searches again for the innermost meaning of that which is dealt with. It is in this sense that lawyers do research. Not only practicing lawyers, but legislators, judges, and legal writers also engage in this secondary kind of research. They do more than this when they seek not merely legislation and judicial decisions, but all elements which in the end will affect the result. These elements are very numerous and they are constantly changing. It is for this reason that the simple question What is the law on this or that point? is so difficult to answer. For the lawyer knows that quoting the words of a statute or case does not tell what the result of new litigation will be. In other words, bel;avior changes concerning the pronouncements of legislatures and courts, both on the part of judges and of enforcement officers. -
Teaching Rule Synthesis with Real Cases
245 Teaching Rule Synthesis with Real Cases Paul Figley Rule synthesis is the process of integrating a rule or principle from several cases.1 It is a skill attorneys and judges use on a daily basis to formulate effective arguments, develop jurisprudence, and anticipate future problems.2 Teaching new law students how to synthesize rules is a critical component in training them to think like lawyers.3 While rule synthesis is normally taught in legal writing classes, it has application throughout the law school experience. Academic support programs may teach it to students even before their first official law school class.4 Many professors convey analytical lawyering skills, including rule synthesis, in their 1. Richard K. Neumann, Jr. & Sheila Simon, Legal Writing 55 (Aspen 2008) (“Synthesis is the binding together of several opinions into a whole that stands for a rule or an expression of policy.”). 2. Jane Kent Gionfriddo, Thinking Like A Lawyer: The Heuristics of Case Synthesis, 40 Tex. Tech L. Rev. 1, 7 (2007). On a more pedestrian level, good litigators develop the facility to read the cases cited by an opponent in support of its proposed rule, and synthesize from them a different, more credible rule that undermines the opponent’s case. 3. See id. at 7; see also Kurt M. Saunders & Linda Levine, Learning to Think Like A Lawyer, 29 U.S.F. L. Rev. 121, 125 (1994). 4. See Sonia Bychkov Green, Maureen Straub Kordesh & Julie M. Spanbauer, Sailing Against the Wind: How A Pre-Admission Program Can Prepare at-Risk Students for Success in the Journey Through Law School and Beyond, 39 U. -
Principles of Administrative Law 1
CP Cavendish Publishing Limited London • Sydney EDITORIAL ADVISORY BOARD PRINCIPLES OF LAW SERIES Professor Paul Dobson Visiting Professor at Anglia Polytechnic University Professor Nigel Gravells Professor of English Law, Nottingham University Professor Phillip Kenny Professor and Head of the Law School, Northumbria University Professor Richard Kidner Professor and Head of the Law Department, University of Wales, Aberystwyth In order to ensure that the material presented by each title maintains the necessary balance between thoroughness in content and accessibility in arrangement, each title in the series has been read and approved by an independent specialist under the aegis of the Editorial Board. The Editorial Board oversees the development of the series as a whole, ensuring a conformity in all these vital aspects. David Stott, LLB, LLM Deputy Head, Anglia Law School Anglia Polytechnic University Alexandra Felix, LLB, LLM Lecturer in Law, Anglia Law School Anglia Polytechnic University CP Cavendish Publishing Limited London • Sydney First published in Great Britain 1997 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX. Telephone: 0171-278 8000 Facsimile: 0171-278 8080 e-mail: [email protected] Visit our Home Page on http://www.cavendishpublishing.com © Stott, D and Felix, A 1997 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except under the terms of the Copyright Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE, UK, without the permission in writing of the publisher. -
Basic Facts About Trademarks United States Patent and Trademark O Ce
Protecting Your Trademark ENHANCING YOUR RIGHTS THROUGH FEDERAL REGISTRATION Basic Facts About Trademarks United States Patent and Trademark O ce Published on February 2020 Our website resources For general information and links to Frequently trademark Asked Questions, processing timelines, the Trademark NEW [2] basics Manual of Examining Procedure (TMEP) , and FILERS the Acceptable Identification of Goods and Services Manual (ID Manual)[3]. Protecting Your Trademark Trademark Information Network (TMIN) Videos[4] Enhancing Your Rights Through Federal Registration Tools TESS Search pending and registered marks using the Trademark Electronic Search System (TESS)[5]. File applications and other documents online using the TEAS Trademark Electronic Application System (TEAS)[6]. Check the status of an application and view and TSDR download application and registration records using Trademark Status and Document Retrieval (TSDR)[7]. Transfer (assign) ownership of a mark to another ASSIGNMENTS entity or change the owner name and search the Assignments database[8]. Visit the Trademark Trial and Appeal Board (TTAB)[9] TTAB online. United States Patent and Trademark Office An Agency of the United States Department of Commerce UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS CONTENTS MEET THE USPTO ������������������������������������������������������������������������������������������������������������������������������������������������������������������ 1 TRADEMARK, COPYRIGHT, OR PATENT ��������������������������������������������������������������������������������������������������������������������������