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Relevant bibliographies by topics / Court of Appeals (Western District)

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Academic literature on the topic 'Court of Appeals (Western District)'

Author: Grafiati

Published: 4 June 2021

Last updated: 5 February 2022

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Journal articles on the topic "Court of Appeals (Western District)"

1

Montero, Guillermo A. "Employment: Protecting Public Health Abrogates Due Process Requirement for Suspension Proceedings." Journal of Law, Medicine & Ethics 31, no. 1 (2003): 167–68. http://dx.doi.org/10.1111/j.1748-720x.2003.tb00074.x.

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In Patel v. Midland Memorial Hospital & Medical Center, the U.S. Court of Appeals for the Fifth Circuit held that the defendant hospital did not violate the plaintiff's due process rights by suspending his clinical privileges without a pre-suspension hearing, where there were reasonable grounds for assuming that patient safety was at risk. Dr. P.V. Patel, a board-certified cardiologist, brought an action against Midland Memorial Hospital and several of its doctors, alleging that the suspension of his clinical privileges violated his right to a pre-suspension hearing; was the result of racial discrimination; and resulted in anticompetitive behavior in violation of antitrust laws. The U.S. District Court for the Western District of Texas granted Midland's motion for summary judgment. The parties filed cross appeals, Dr. Patel on the ground that there were genuine issues of fact for all of his claims, and Midland on the ground that, with the exception of the civil rights claim, it was immune from all of Dr. Patel's claims under the Health Care Quality Improvement Act of 1986 (HCQIA).

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2

Winner, Sonya D. "Lee v. Dong-A Ilbo." American Journal of International Law 83, no. 1 (January 1989): 90–94. http://dx.doi.org/10.2307/2202795.

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In 1985 two intelligence agencies of the South Korean Government announced that they had successfully disrupted a North Korean spy ring operating in the United States. Their press release, which was widely publicized in the Korean press, named Chang-Sin Lee as a North Korean agent associated with a spy ring at Western Illinois University, where Lee had been a student. The story was picked up and reported in the United States by six Korean-American newspapers and a public television station. When Lee sued for libel, the defendants relied upon the official report privilege, which gives absolute protection to the accurate republication of official government reports. The district court, holding that the privilege applied and that Lee had not overcome it by showing malice, dismissed the case. Plaintiff appealed to the U.S. Court of Appeals for the Second Circuit, which in a two to one decision reversed (per Ervin, J.) and held: that the official report privilege does not apply to the republication of official reports of foreign governments. Judge Kaufman, sitting by designation, dissented from the majority’s reversal of the district court’s grant of summary judgment.

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3

Pearce, William P. "North Dakota--Dealing with Dubious Contracts for Conveying Land Statute of Limitations or Reformation for Mutual Mistake?" Texas A&M Journal of Property Law 6, no. 3 (December 2020): 265–83. http://dx.doi.org/10.37419/jpl.v6.i3.11.

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The topic of this Article arose from a recent opinion by the North Dakota Supreme Court: Western Energy Corporation v. Stauffer. The case dealt with how the law handles changes in ownership of property, specifically land including underlying mineral interests, that come into dispute after substantial periods of time have passed, resulting in a need for the parties involved in the dispute to turn to the courts for a solution. The passing of a substantial amount of time often becomes the issue in resolving the dispute in these types of situations. The opening paragraph in the Court’s opinion in Western Energy states that “Western Energy appealed from a district court judgment finding its quiet title action pertaining to claimed mineral interests to be barred by applicable statutes of limitation and laches.” Statutes of limitation are fairly straightforward and are discussed below as they are the determinative factor in the case. However, the specific goal here is to examine several of the approaches that can be taken in this kind of situation and how the issue is ultimately resolved. Raising the claim of “laches” is a rather vague concept, but it appears in some of these cases and has an interesting background, as discussed in the last part of this Article. The background of the case in question will be laid out first followed by the discussion of several traditional methodologies for resolving cases of this kind, generally, in the context of other court cases.

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Sowa, Jan. "„W czym vertitur powaga moja hetmańska…” Organizacja i procedura sądu hetmańskiego w Koronie w latach 1683-1699." Czasopismo Prawno-Historyczne 65, no. 1 (November 2, 2018): 203–28. http://dx.doi.org/10.14746/cph.2013.65.1.08.

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This paper describes the sand procedure of the Hetman’s Court in the Crown Army at the time of the Great Turkish War (1683-1699). The Court has not been the subject of a separate study since the 1920s, whereas older studies relied on a very meagre source base. Meanwhile, there were availble Hetman’s registers (copies of documents issued by Hetman’s chancellery) from the period when the offi ce was held by Stanisław Jan Jabłonowski, the Ruthenian Palatine and later Kraków Castellan. The registers, albeit incomplete (registers for 1683-1685, 1687-1689 and 1696 are missing), contain, inter alia, decrees issued by the Court Martial (i.e., the Hetman’s Court), which served as the basis for this discussion. The Great Crown Hetman, similarly to the connétable de France (until 1627), combined in his hand the authority of the Commander-in-Chief of the regular army and the administrative authority over it. One of the major aspects of the latter was administration of justice over soldiers. Originally, the hetman had exclusive jurisdiction in this respect but the demands of nobility who suffered from robberies by soldiers resulted in subjecting soldiers to the jurisdiction of ‘civil’ (i.e. non military) courts. In the late 17th century, one can speak of the practically overlapping jurisdiction of the Hetman’s Court, Crown Tribunal and fi scal organs with relation to so-called causae iniuriatorum (causes of the aggrieved: nobility vs. the army). The Great Crown Hetman did not have as extensive a judicial apparatus as some western European armies at that time. Most causes were adjudicated by Jabłonowski himself (possibly with the assistance of junior judges). The Court Martial had also its own instigator and ushers. The competences of military judges are not very clear. To perform certain evidentiary acts (such as inquisition – an equivalent of scrutinum conducted in district courts (sądy ziemskie) – a kind of on-site inspection combined with the hearing of witness testimony) the Hetman would delegate trusted offi cers or national enlistment comrades and, not infrequently, local ‘civil’ offi cers. The role of military police was doubtless performed by the Hetman’s company of Hungarian infantry. The procedure of the Hetman’s court was similar to that of a trial before a district court. A military trial was in principle instituted by a complaint, it was adversarial and controlled by the parties. Proceedings were instituted by bringing a complaint to the military instigator who, in turn, petitioned the Hetman to issue a writ of summons. The penalty for a failure to appear on the fi rst date was contumacy (a fi ne – so-called niestanne). A writ of summons for the second date was announced publicly. The second term was a strict one – a failure to appear meant losing the case, having one’s pay distrained (this, by the way, was the most effective remedy) and – theoretically – being dishonourably discharged from the army (wytrąbienie). The most common evidence included inquisition, interrogation (involving torture in the case of people of non-noble descent) and an oath. The most important penalties imposed by the Court Martial included the penalty of the throat (death penalty – imposed very rarely, it practically was not executed in the case of noblemen), imprisonment in a tower and fi nally damages, which had the greatest practical value.

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Lewis, Carmen E. "Appeals Court Rejects Federal Jurisdiction over Chiropractors Challenge to Medicare Coverage – Am. Chiropractic Ass'n, Inc. v. Leavitt." Journal of Law, Medicine & Ethics 34, no. 2 (2006): 472–74. http://dx.doi.org/10.1111/j.1748-720x.2006.00056.x.

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The United States Court of Appeals for the District of Columbia Circuit (“Appeals Court”) held that the district court did not have jurisdiction over the American Chiropractor's Association's (“ACA”) federal question claims brought under the Medicare Act, despite affirming the ACA's prudential standing to pursue its claims. The Appeals Court reversed the lower court's decision allowing a doctor of medicine or osteopathy to perform manual manipulations of the spine on Medicare beneficiaries to correct a subluxation.The Medicare program “subsidizes medical insurance for elderly and disabled persons.” An enrollee selects a physician or obtains medical services through a managed-care provider, such as a health maintenance organization (“HMO”).

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Brudney, James J., and Corey Ditslear. "Designated Diffidence: District Court Judges on the Courts of Appeals." Law & Society Review 35, no. 3 (2001): 565. http://dx.doi.org/10.2307/3185396.

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Nijboer, J. F. "Protection of Victims in Rape and Sexual Abuse Cases in the Netherlands." Israel Law Review 31, no. 1-3 (1997): 300–336. http://dx.doi.org/10.1017/s0021223700015326.

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In general, the Dutch codification of Criminal law is constructed on the basic divisions that can be found in most Civil Law jurisdictions. The substantive law and the procedure are regulated in two separate Codes: the Penal Code (Wetboek van Strafrecht) and the Code of Criminal Procedure (Wetboek van Strafvordering). The present Penal Code came into force in 1886; the present Code of Criminal Procedure in 1926. Both Codes have been reformed often, but their basic features have been preserved.The Code of Criminal Procedure regulates the due course of the procedure as a chronological sequence of investigations and decisions. A trial before a District Court (arrondissementsrechtbank), which sits as a chamber of three judges (meervoudige kamer), serves as a model for the manner in which trials must proceed. Most of its provisions are also applicable to trials before other Courts, such as those before the Court of Limited Jurisdiction (kantongerecht); the District Court with a single judge sitting alone in simple cases; the District Court, which handles appeals from the Court of Limited Jurisdiction; and the Court of Appeal, which handles appeals from the District Court.

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B.G. "Court Allows ERISA Plan Participants to Sue Administrator for Physicians' Actions." Journal of Law, Medicine & Ethics 23, no. 4 (1995): 408. http://dx.doi.org/10.1017/s1073110500006501.

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On December 7, 1994, the U.S. District Court of the Northern District of Illinois ruled that ERISA preempts a participant in an ERISA plan from suing the plan's administrator under a state common law theory of respondeat superior (Rice v. Panchal, 875 F. Supp. 471 (N.D. Ill. 1994)) (see, “Recent Developments in Health Laws,” Journal of Law, Medicine & Ethics, 23 (1995): at 208). On September 12, 1995, the Seventh Circuit of the U.S. Court of Appeals reversed this decision and ordered that the case be tried in state court (Rice v. Panchal, 65 F.3d 637 (7th Cir. 1995)). The court held that the case had been improperly removed to federal court. The court of appeals stated that the federal court did not have jurisdiction because the plaintiff's claim did not fall within ERISA's provisions.In this case, plaintiff David Rice brought a medical malpractice suit against two doctors who provided treatment to him in accordance with his ERISA insurance plan.

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9

Żółtek, Sławomir. "Glosa do postanowienia Sądu Najwyższego z dnia 30 września 2015 r., I KZP 9/15." Studia Iuridica 69 (September 11, 2017): 9–20. http://dx.doi.org/10.5604/01.3001.0010.4180.

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Author approves in the commentary to the judgment the position taken by the Supreme Court of Poland in the decision of 30 September 2015, I KZP 9/15. The Supreme Court considered the problem of composition of the District Court – Labour and Social Security Court adjudicating on an appeal against the judgment of the National Disciplinary Court of the National Chamber of Auditors. As argued in the commentary, the District Court does not instigate disciplinary proceedings from the beginning but continues it as an appellate body. The main disciplinary proceedings are held before the National Disciplinary Court of the National Chamber of Auditors. The District Court although acts as a court of first instance with an appeal to the Court of Appeals, has limited powers only to verification of the National Disciplinary Court’s judgment. Thus, the District Court sits in a three-judges panel (art. 29 § 1 k.p.k.).

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10

Raubenheimer, Andreas. "Munich court of appeals and Munich district court rule on circumvention of software copy protection." Information & Communications Technology Law 4, no. 1 (January 1995): 111–13. http://dx.doi.org/10.1080/13600834.1995.9965710.

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Dissertations / Theses on the topic "Court of Appeals (Western District)"

1

Gillespie, William Lee. "Constrained justice investigating the influence of the U.S. Courts of Appeals on district court sentencing behavior /." 2004. http://purl.galileo.usg.edu/uga%5Fetd/gillespie%5Fwilliam%5Fl%5F200408%5Fphd.

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Books on the topic "Court of Appeals (Western District)"

1

United States. Congress. Senate. Committee on the Judiciary. Confirmation hearing on the nominations of Leslie Southwick, to be circuit judge for the Fifth Circuit, Janet T. Neff, to be district judge for the Western District of Michigan, and Liam O'Grady, to be district judge for the Eastern District of Virginia: Hearing before the Committee on the Judiciary, United States Senate, One Hundred Tenth Congress, first session, May 10, 2007. Washington: U.S. G.P.O., 2007.

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2

District), United States District Court (Pennsylvania :. Western. Attorney handbook, United States District Court Western District of Pennsylvania. [Harrisburg, Pa: Pennsylvania Bar Institute, 1995.

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3

Braver, Samuel W., Deborah A. Little, and Eric M. Spada. The Western District manual: Judicial practice and procedure in the United States District Court for the Western District of Pennsylvania. Edited by Pennsylvania Bar Institute and United States. District Court (Pennsylvania : Western District). Mechanicsburg, Pennsylvania: PBI Press, 2013.

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4

Kelly, Margaret. Missouri court of appeals, Eastern District: Four years ended June 30, 1989. Jefferson City: Offices of the State Auditor of Missouri, 1990.

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5

United States. District Court (Oklahoma : Western District). Rules of the United States District Court for the Western District of Oklahoma. [Washington, D.C.?]: U.S. G.P.O., 1985.

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6

Commission, Ireland Law Reform. Consultation paper on prosecution appeals from unduly lenient sentences in the District Court. Dublin: The Commission, 2004.

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7

The joint trial calendars in the Western District of Missouri. Washington, D.C. (1520 H St. NW, Washington 20005): Federal Judicial Center, 1985.

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8

Braver, Samuel W., Gretchen L. Jankowski, and Deborah A. Little. The Western District manual: Judicial practice and procedure in the United States District Court for the Eastern [sic] District of Pennsylvania. Edited by Pennsylvania Bar Institute and United States. District Court (Pennsylvania : Western District). Mechanicsburg, Pa. (5080 Ritter Rd., Mechanicsburg 17055): PBI Press, 2009.

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9

United States. Congress. House. Committee on Government Reform. Subcommittee on the District of Columbia. The performance of the Court of Appeals and the Superior Court of the District of Columbia: Hearing before the Subcommittee on the District of Columbia of the Committee on Government Reform, House of Representatives, One Hundred Seventh Congress, second session, June 5, 2002. Washington: U.S. G.P.O., 2003.

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10

Ponsor, Michael A. Western style justice: Civil practice in the U.S. District Court in Springfield. Boston, MA (10 Winter Pl., Boston 02108-4751): MCLE, 1997.

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Book chapters on the topic "Court of Appeals (Western District)"

1

Waltman, Jerold. "The Federal District Court and the Court of Appeals." In Congress, the Supreme Court, and Religious Liberty, 79–92. New York: Palgrave Macmillan US, 2013. http://dx.doi.org/10.1057/9781137300645_6.

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2

Lee, Peter. "Ninth District U.S. Court of Appeals, San Francisco, California." In GSA Field Guide 7: 1906 San Francisco Earthquake GSA Field Guides, 67–77. Geological Society of America, 2006. http://dx.doi.org/10.1130/2006.1906sf(05).

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Ward, Adrian, and Gledhill Kris. "New Zealand." In The International Protection of Adults. Oxford University Press, 2015. http://dx.doi.org/10.1093/9780198727255.003.0050.

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New Zealand is a common law country. The judicial structure is the Supreme Court and the Court of Appeal, which are appellate courts only; the High Court, which hears appeals from District Courts in some situations but is also a court of first instance; the District Court, which is principally a court of first instance but also hears appeals from some Tribunals; and various Tribunals. There is also a Family Court, in which warranted District Court judges sit, and which—along with the High Court—deals with adult protection matters.

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4

"MEDIATION RULES FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN." In ADR and the Courts, 63–69. Elsevier, 1987. http://dx.doi.org/10.1016/b978-0-88063-124-2.50010-7.

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Rogers, Donald W. "The U.S. Supreme Court Decisions." In Workers against the City, 144–78. University of Illinois Press, 2020. http://dx.doi.org/10.5622/illinois/9780252043468.003.0006.

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This chapter traces Hague’s appeal through the Third Circuit Court of Appeals into the U.S. Supreme Court under Chief Justice Charles Evans Hughes, showing how the Hughes court’s inner dynamics explain affirmation of the district court injunction. Observing flux in court personnel and law, the chapter shows that both courts embraced the contemporaneous civil liberties revolution by defending worker speech and assembly rights, but it reveals the Supreme Court as divided over constitutional logic. Justice Owen Roberts’s plurality opinion upheld speech and assembly rights under the Fourteenth Amendment privileges and immunities clause, Justice Harlan Fiske Stone’s concurrence incorporated the First Amendment into the Fourteenth Amendment due-process clause, and dissenters rejected federal jurisdiction. The ruling reflected the contentious evolution of civil liberties jurisprudence, not antiboss or labor law politics.

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6

Frimston, Richard, and John Budge. "Hong Kong Special Administrative Region, People’s Republic of China." In The International Protection of Adults. Oxford University Press, 2015. http://dx.doi.org/10.1093/9780198727255.003.0044.

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Under the concept of one country, two systems, even though the Hong Kong Special Administrative Region (‘SAR’) is politically part of the People’s Republic of China (‘PRC’), its legal system is distinct from that of the PRC. The SAR has a common law system whilst the PRC has a civil law system. However none of the decisions of the PRC courts affect adults in the SAR. At first instance are various Magistrates’ Courts, Tribunals, the District Court, and the Court of First Instance (‘the FI Court’). Generally, appeals from those Courts and Tribunals are heard by the Court of Appeal (individual Courts and Tribunals may have procedures for self-review for some types of proceedings). The FI Court and the Court of Appeal are collectively called the High Court. Appeals from the Court of Appeal are heard by the Court of Final Appeal, which is the pinnacle of the judicial hierarchy in the SAR.

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Dierenfield, Bruce J., and David A. Gerber. "Signing, Sectarian Schools, and the Law." In Disability Rights and Religious Liberty in Education, 121–51. University of Illinois Press, 2020. http://dx.doi.org/10.5622/illinois/9780252043208.003.0006.

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This chapter examines and analyzes the five-year journey of Zobrest v. Catalina Foothills School District (1993) from the federal district court in Tucson to the U.S. Court of Appeals for the Ninth Circuit to the U.S. Supreme Court. William Bentley Ball, the Zobrests’ attorney, and John Richardson, the school district’s attorney, clashed over whether the Establishment Clause permitted any government aid to a Catholic school. Many religious and civil libertarian groups—but just one national deaf association—filed arguments to sway the court. Chief Justice William Rehnquist, who wrote the majority decision favoring the Zobrests, misunderstood the complicated function of a sign language interpreter to permit what he regarded as incidental parochial school aid. Rehnquist maintained the aid was permissible because the plaintiffs and their deaf son were its main beneficiaries.

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Adkison, Danny M., and Lisa McNair Palmer. "Judicial Department." In The Oklahoma State Constitution, 123–34. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197514818.003.0010.

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This chapter explores Article VII of the Oklahoma constitution, which concerns the judiciary. Section 1 states that “the judicial power of this State shall be vested in the Senate, sitting as a Court of Impeachment, a Supreme Court, the Court of Criminal Appeals, the Court on the Judiciary, the State Industrial Court, the Court of Bank Review, the Court of Tax Review, and such intermediate appellate courts as may be provided by statute, District Courts, and such Boards, Agencies and Commissions created by the Constitution or established by statute as exercise adjudicative authority or render decisions in individual proceedings.” The Oklahoma Supreme Court is the head of the state’s judicial system; all other courts are inferior to it. Section 2 provides for the number, terms, vacancies, and qualifications of supreme court justices. The justices shall choose from among their members a chief justice and a vice chief justice. Section 4 provides for the jurisdiction of the state supreme court. The chapter then looks at the provisions for district courts.

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Adkison, Danny M., and Lisa McNair Palmer. "Impeachment and Removal from Office." In The Oklahoma State Constitution, 147–50. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197514818.003.0013.

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This chapter discusses Article VIII of the Oklahoma constitution, which concerns impeachment and removal from office. Section 1 states that “the Governor and other elective state officers, including the Justices of the Supreme Court, shall be liable and subject to impeachment for wilful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office.” Moreover, “all elected state officers, including Justices of the Supreme Court and Judges of the Court of Criminal Appeals, shall be automatically suspended from office upon their being declared guilty of a felony by a court of competent jurisdiction.” Two other methods for removing elected officials not mentioned in Section 1 are specified in state law pursuant to Section 2. The first provides for a grand jury to accuse an official and present its findings to a district judge. The second allows the governor to instruct the attorney general to investigate an official and, if official misconduct is found, to institute proceedings in court. Section 3 designates the chief justice of the Oklahoma Supreme Court as the presiding officer in an impeachment trial. Lastly, Section 4 requires senators to take an oath and specifies a two-thirds vote of those present in order to convict.

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Metzmeier, Kurt X. "The Editor." In Writing the Legal Record. University Press of Kentucky, 2016. http://dx.doi.org/10.5810/kentucky/9780813168609.003.0010.

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James G. Dana was a politically attuned attorney and experienced newspaper editor. His paper had once owned the contract to publish the acts and journals of the state legislature. Dana was one of many educated easterners who immigrated to Kentucky to find their fortunes in the professions and in politics. The New Hampshire–born Dana maintained a law office in Frankfort while he edited the Commentator, the unabashed defender of the Old Court and Henry Clay, as well a spirited adversary of Amos Kendell’s Western Argus and the presidential ambitions of Andrew Jackson. In 1833 Dana would combine his two professions and begin his service as reporter of the Court of Appeals, eventually producing nine high-quality volumes.

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