Law Courts

• Ban Foreign Law From Courts We Make Our Own Laws

In recent years, Supreme Court justices have interjected international law into their rulings, creating an environment of disregard for national sovereignty and threatening the institutions put in place by our forefathers. The Constitution laid the foundation for our nation's judicial system, and allowing foreign law to supersede it in any capacity leads to its erosion. Not only is using international precedent a transparent disregard for the Constitution, but it could be used to advance a judge's personal political agenda over the best interests of the nation. Judges have a responsibility to interpret the laws of the land - not legislate from the bench. The practice of U.S. courts referencing and deferring to foreign law needs to stop. That is why I have introduced legislation to prote...

• The Washington Times
• March 11, 2011

• Is Pregnancy Discrimination Illegal Under Florida Law? Courts Are Divided.

The Florida Civil Rights Act, which. among other things, prohibits sex discrimination in employment, does not prohibit pregnancy discrimination, accor...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• The complementary roles of common law courts and federal agencies in producing and using policy-relevant scientific information.

I. INTRODUCTION II. SCIENTIFIC INFORMATION IN REGULATORY AGENCIES A. Adverse Effects Reporting Requirements B. TSCA Testing Rules III. SCIENTIFIC INFO...

• Environmental Law
• Vol. 37 Nbr. 4, September 2007

• Is Pregnancy Discrimination Illegal Under Florida Law? Courts Are Divided

The Florida Civil Rights Act, which. among other things, prohibits sex discrimination in employment, does not prohibit pregnancy discrimination, accor...

• Mondaq Business Briefing
• United States Law Articles in English

• Accounts As Political Discourse: A Study of the Contentious Politics of Common Law Courts

Common law courts emerged as a strategy of protest by elements of the radical and dissident right in the 1980s and 1990s, including some racial separatist groups. This type of claims making took the form of "bogus" filings and motions in state and local courts and some governmental agencies (Burghart and Crawford 1996; Pitcavage 1997; Weinberg, Francis, and Lloyd 1999). The expanded notion of "accounts" (Scott and Lyman 1968; Durkin 2000; Fritsche 2002) may offer a useful analytical tool to political sociologists and their conceptualization of discourse by the radical and dissident right. This study examines the accounts of common law court filings with the Kansas State Legislature in 1997 and contrasts these with accounts in the Blue Book (circa 1972), which is considered to be the "fo...

• Journal of Political and Military Sociology
• Vol. 34 Nbr. 1, July 2006

• Bloggers with Shields: Reconciling the Blogosphere?s Intrinsic Editorial Process with Traditional Concepts of Media Accountability

Courts have yet to reach a consensus on the proper standard for distinguishing among bloggers with respect to shield laws-statutes that prevent the compelled disclosure of confidential sources. This note questions the prudence of standards that base protection on how closely bloggers imitate the institutions whose authority they are challenging.

• Iowa Law Review
• Nbr. 97-1, November 2011

• When Courts Make Law: How the International Criminal Tribunals Recast the Laws of War

This article provides a critical evaluation of the role, character, and normative desirability of international judicial lawmaking by examining the history the Yugoslav and Rwandan war crimes tribunals. These tribunals have significantly altered the laws of war, and these changes have subsequently been codified in the treaty creating the International Criminal Court. This article argues that states often tacitly delegate lawmaking authority to international courts, and that they did so in the case of the tribunals. The article contends that temporary international courts can serve a critical, if underappreciated, role in the development of new areas of international law. This article also explores the consequences for states of vesting enforcement of the laws of war in international jud...

• Vanderbilt Law Review
• Vol. 59 Nbr. 1, January 2006

• The Legacy of Solem V. Bartlett: How Courts Have Used Demographics to Bypass Congress and Erode the Basic Principles of Indian Law

Congress can diminish a reservation. Because of this, courts must determine - using traditional Indian law canons of construction - whether Congress intended the surplus land act in question to shrink or terminate a reservation's boundaries, or whether Congress intended to leave the reservation intact. Demographic considerations have been used to support a string of decisions diminishing the very tribal sovereignty the Indian law canons of construction aim to protect. Only Congress has the authority to diminish a reservation's boundaries. In using modern demographics to interpret ambiguities in century-old congressional intent, courts are bending legal principles and rules to find diminishment where congressional intent is unclear. In continuing to use demographics to combat policy conc...

• Washington Law Review
• Vol. 84 Nbr. 4, November 2009

• Courts, Staggering Cost of Law School

They've got most of my belongings out in the hallway already," Judge Michael A. Wolff jokes. "I'm halfway out of here. It's two days before Wolff's scheduled retirement from the Missouri Supreme Court, which means it's also two days until the 13th anniversary of his Aug. 11, 1998, appointment to the court. His office has the cluttered emptiness of a move in progress, and the court's third floor does indeed look like a yard sale.

• Missouri Lawyers Media
• August 22, 2011

• International human rights law, foreign sovereign immunity, and national courts.

This panel was convened at 9:00 a.m., Thursday, March 25, by its moderator, Curtis A. Bradley of Duke University School of Law, who introduced the pan...

• Proceedings of the Annual Meeting-American Society of International Law
• Nbr. 104, January 2010