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The Modern Law Review, Volume 88, Issue 2, Page 389-403, March 2025.In R (on the application of Imam) v London Borough of Croydon, the Supreme Court considered the relevance of a local authority's resources on the curial discretion as to remedy in judicial review. This question was addressed in the context of a breach of the authority's duty under section 193(2) of the Housing Act 1996 to secure suitable accommodation ...
Lia Lawton
wiley +1 more source
Legal Uniformity in American Courts
Journal of Empirical Legal Studies, Volume 16, Issue 3, Page 448-478, September 2019., 2019 Intercircuit splits occur when two or more circuits on the U.S. Courts of Appeals issue different legal rules about the same legal question. When this happens, federal law is applied differently in different parts of the country. Intercircuit splits cause legal nonuniformity, are an impediment to lawyering and judging, and have practical consequences ...
Deborah Beim, Kelly Rader
wiley +1 more source
INTERPRETATION OF ARTICLE 74 – ZAPATA HERMANOS V HEARTHSIDE BAKING – WHERE NEXT?
Nordic Journal of Commercial Law, 2004 The facts are simple. The Mexican seller supplied biscuit tins to the American firm for over four years. The American firm failed to pay for the tins and were subsequently sued in the Federal District Court of Illinois.1 Besides winning the action the ...
Bruno Zeller
doaj +2 more sources
Walking the Line: Why the Presumption Against Extraterritorial Application of U.S. Patent Law Should Limit the Reach of 35 U.S.C. § 271(f) [PDF]
, 2007 The advent of the digital era and the global market pose unique challenges to intellectual property law. To adapt, U.S. patent laws require constant interpretation in the face of rapidly changing technological advances. In AT&T Corp. v.
Giordano-Coltart, Jennifer
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Remaking the United States Supreme Court in the Courts’ of Appeals Image [PDF]
, 2009 We argue that Congress should remake the United States Supreme Court in the U.S. courts\u27 of appeals image by increasing the size of the Court\u27s membership, authorizing panel decisionmaking, and retaining an en banc procedure for select cases. In so
George, Tracey E., Guthrie, Chris
core +4 more sources
Administrative Law as a Source of Rights
The Modern Law Review, Volume 88, Issue 2, Page 366-388, March 2025.This article challenges the pervasive assumption that judicial review of administrative action is not concerned with rights. Making a break from this orthodoxy, it proposes a theory of judicial review that suggests that its purpose is to protect distinctive administrative law rights held by those subject to public administrative power.
Megan Pfiffer
wiley +1 more source
Lawrence v. Florida: Applications for Post-Conviction Relief Are [PDF]
, 2007 On February 20, 2007 , the Supreme Court announced its decision in Lawrence v. Florida, seeking to address confusion surrounding the tolling of a one-year statute of limitations applicable to federal habeas corpus ...
Richardson-Royer, Elizabeth
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Courts and democratic backsliding: A comparative perspective on the United States
Law &Policy, Volume 46, Issue 4, Page 349-357, October 2024.Abstract This article argues that courts in the United States are comparatively less likely to be captured than those of many other countries and more able to resist an authoritarian populist regime, but also somewhat more likely to facilitate democratic backsliding on their own account.
Stephen Gardbaum
wiley +1 more source
Legal Issues in Terminations of Single-Employer Pension Plans: Beck v. PACE International Union [PDF]
, 2007 [Excerpt] On January 19, 2007, the U.S. Supreme Court granted certiorari in Beck v. PACE International Union. The case concerns the decision by an employer in bankruptcy proceedings to terminate its pension plans.
Lunder, Erika, Staman, Jennifer
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The effect of securities litigation risk on firm value and disclosure
Contemporary Accounting Research, Volume 41, Issue 3, Page 1785-1818, Fall 2024.Abstract Critics assert that securities class actions are economically burdensome and yield minimal recoveries, whereas proponents claim they deter wrongdoing. We examine key events in the recent Goldman Sachs Supreme Court case to test the net effect of securities litigation risk on shareholder value.
Dain C. Donelson +3 more
wiley +1 more source