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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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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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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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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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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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Hague, Ashley Clare. "Recent Developments in Health Law: Civil Procedure: First Circuit Holds it Unreasonable to Hale Hospitals into Foreign Forums Simply for Accepting Out-of-State Patients — Harlow v. Children's Hospital." Journal of Law, Medicine & Ethics 34, no. 2 (2006): 467–69. http://dx.doi.org/10.1111/j.1748-720x.2006.00054.x.
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The United States Court of Appeals for the First Circuit recently upheld a United States District Court for the District of Maine Judge's decision to dismiss a Maine plaintiff's medical malpractice claim against a Massachusetts hospital defendant for want of personal jurisdiction over the hospital. The Court of Appeals found it unreasonable to hale hospitals into an out-of-state court merely because they accept out-of-state patients.Plaintiff Danielle Harlow is a Maine resident who suffered a stroke at the age of six while undergoing a medical procedure at Children's Hospital of Boston, Massachusetts (“Children's Hospital”). The stroke, allegedly caused by the Hospital's negligence, led to brain damage resulting in partial paralysis and cognitive and behavioral impairments. The procedure was supposed to treat Harlow's rapid heartbeat, a condition related to her Wolff-Parkinson-White Syndrome. Harlow's pediatrician in Maine recommended that she visit Children's Hospital in Boston to treat her arrhythmia.
12
Burke, Susan. "Desir v. Ilchert." American Journal of International Law 82, no. 4 (October 1988): 830–32. http://dx.doi.org/10.2307/2203520.
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Plaintiff, a Haitian seeking asylum in the United States, filed a petition for habeas corpus in the United States District Court for the Northern District of California, to overturn a denial of asylum by both an immigration judge and the Board of Immigration Appeals (BIA). The plaintiff sought asylum under section 101(a)(42)(A) of the Immigration and Nationality Act (8 U.S.C. §1101(a)(42)(A) (1982)) (INA) on the basis of “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” The district court upheld the BIA decision, which allowed deportation of the plaintiff because the incidents of persecution in Haiti were economically rather than politically motivated. The Court of Appeals for the Ninth Circuit (per Tang, J.) reversed, holding that the plaintiff had demonstrated persecution based on political opinion by showing a pattern of extortion by government officials, and remanded for a determination of whether the plaintiff would be persecuted upon his return to Haiti.
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Akers, Nicklas A. "Disability & ADA: Disparate Insurance Coverage for Physical and Psychological Disabilities Does Not Violate ADA." Journal of Law, Medicine & Ethics 28, no. 1 (2000): 92–94. http://dx.doi.org/10.1111/j.1748-720x.2000.tb00325.x.
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In Kimber v. Thiokol Corp., 196 F.3d 1092 (10th Cit. 1999), the U.S. Court of Appeals for the Tenth Circuit upheld a U.S. District Court's grant of summary judgment against an employee's claim that an employeroperated disability insurance plan, which offered different levels of compensation for disabilities due to mental and physical conditions, violated Title I of the Americans with Disabilities Act (ADA). The Court of Appeals found that (1) the Thiokol plan administrator's interpretations of the plan were not arbitrary and capricious, and that (2) the plan's different treatment of disabilities caused by physical and mental conditions did not violate the ADA.
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Smith, Bradford L. "In Re Letter of Request from Crown Prosecution Service of United Kingdom." American Journal of International Law 83, no. 4 (October 1989): 929–33. http://dx.doi.org/10.2307/2203384.
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Appellant, Thomas J. Ward, appealed a district court decision appointing commissioners to obtain evidence sought by the Crown Prosecution Service of the United Kingdom (Crown Service). The district court had appointed the commissioners pursuant to 28 U.S.C. §1782 (1982), to depose in the United States certain third-party witnesses with knowledge relevant to a criminal investigation in the United Kingdom. On review, the Court of Appeals for the District of Columbia Circuit (per Ginsburg, J.) affirmed the district court’s decision and held: that 28 U.S.C. §1782 authorized the appointment of the commissioners, even though there was no pending criminal proceeding in the United Kingdom when the depositions were requested and the procedure for the depositions might vary from that normally applicable in the United States. The court remanded the case, however, for a further determination to ensure that the depositions would comply with procedural rules applicable in the United Kingdom.
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King, Thomas F. "U.S. Government Burdens on the Exercise of Traditional Religions: Two Cases Provide Conflicting Interpretations." International Journal of Cultural Property 18, no. 3 (August 2011): 393–96. http://dx.doi.org/10.1017/s0940739111000269.
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AbstractTwo court decisions highlight divergent opinions as to what constitutes a “substantial burden” on the practice of traditional indigenous religions in the United States. One decision, in the 9th Circuit Court of Appeals, effectively defines the term in such a way as to discriminate against indigenous religious practices; the other, by a district court in the 10th Circuit based on other holdings by that circuit court, gives much more latitude for protecting such practices and the landscapes they often involve.
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Wilkinson, Erika. "Recent Developments in Health Law: Constitutional Law: Despite Reservations, the Second Circuit Defers to State Court's Determination That a Preponderance of the Evidence Standard is Constitutional for Recommitment of NRRMDD Defendants – Ernst J. v. Stonea." Journal of Law, Medicine & Ethics 34, no. 4 (2006): 826–28. http://dx.doi.org/10.1111/j.1748-720x.2006.00104.x.
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The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead not responsible by reason of mental disease or defect (NRRMDD) under a mere “preponderance of the evidence” standard does not violate either due process or the equal protection clause of the Fourteenth Amendment.
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Nzunda, Matembo. "Criminal Law in Internal Conflict of Laws in Malaŵi." Journal of African Law 29, no. 2 (1985): 129–46. http://dx.doi.org/10.1017/s0021855300006641.
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Malaŵi has two sets of courts which run completely parallel to each other. One set forms the Judicial Branch of the Government and consists of magistrates’ courts (which have original civil and criminal jurisdiction only), the High Court (which has unlimited original and appellate civil and criminal jurisdiction) and the Supreme Court of Appeal (which has original criminal jurisdiction for contempt of court but otherwise has appellate civil and criminal jurisdiction). The Supreme Court of Appeal is a final appellate court in this set of courts. These courts are here called Received Courts because they apply the received (English) common law as the basic law.The other set of courts is a section of the Ministry of Justice (which is part of the Executive Branch of the Government). The set consists of Traditional Courts of Grades A and B, the Traditional Appeal Courts (which hear and determine appeals from Traditional Courts of Grades A and B), District Traditional Courts, Regional Traditional Courts and the National Traditional Appeal Court (which hears and determines appeals from Traditional Appeal Courts, District Traditional Courts and Regional Traditional Courts). The civil and criminal jurisdiction of Traditional Courts is set out in the warrant establishing the Court and is supplemented from time to time by published ministerial orders under the authority of the Traditional Courts Act (the 1962 Act). The National Traditional Appeal Court is a final appellate court in this set of courts.
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Henkin, Louis. "The President and International Law." American Journal of International Law 80, no. 4 (October 1986): 930–37. http://dx.doi.org/10.2307/2202075.
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In Garcia-Mir, the district court found that prolonged detention of the undocumented aliens was, in the circumstances, “arbitrary,” and therefore a violation of international law. But it also held that even though it was in violation of international law, the courts would not order an end to the detention because it had been authorized by the Attorney General. The court of appeals affirmed.
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Roberts, Penelope A. "The Court Records of Sefwi Wiawso, Western Region, Ghana." History in Africa 12 (1985): 379–83. http://dx.doi.org/10.2307/3171733.
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The Divisions of Sefwi Wiawso, Sefwi Bekwai, and Sefwi Anwhiaso in the Western Frontier District of the Gold Caost were brought within the operations of the Native Jurisdiction Ordinance (1883) under the ‘Headchief of Sefwi Wiawso in 1909.’ They were administered from the Ankobra District until 1911 when an increase in the number of Assistant District Commissioners permitted the appointment of a Commissioner to the Western Frontier District. The headquarters of the Western Frontier District were at Amoya, a very small town near the Bia River and the Ivory Coast border. Three years later, however, in 1914, the Sefwi District was created and new headquarters established in the old capital of Sefwi Wiawso, the town of Wiawso perched on the top of a steep hill and not far from the important ferry crossing of the Tano River. The Sefwi Wiawso Native Tribunal was first established at this date. A few years later Native Tribunals were also established at Sefwi Bekwai and Sefwi Anwhiaso. The present court rooms in Wiawso were built in 1927/28 and the court records for Sefwi Wiawso to which I had access date from this time.The court records had been deposited (in 1970) on the floor and shelves of a storeroom at the back of what is now the District Magistrate's Court in Wiawso. Some of the earlier volumes seemed to be missing and many were in bad repair. I did my best to rebind these before returning them to the store.
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Callcott, W. Hardy. "Consolidated Gold Fields Plc v. Minorco, S.A." American Journal of International Law 83, no. 4 (October 1989): 923–29. http://dx.doi.org/10.2307/2203383.
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Minorco, S.A., a Luxembourg mining company allegedly controlled by South African interests, commenced a tender offer for Consolidated Gold Fields, PLC (Gold Fields), a British mining company. Gold Fields, together with its partially owned American subsidiary, Newmont Mining Corp. (Newmont), filed suit in U.S. federal district court to enjoin the tender offer. The district court held that Newmont, the affected American subsidiary, had standing to raise an antitrust claim and issued a preliminary injunction restraining the tender offer. The district court dismissed a claim based on alleged violation of U.S. securities laws for lack of subject matter jurisdiction and held that Gold Fields, as the target company, did not itself have standing to raise an antitrust claim. On appeal, the Court of Appeals for the Second Circuit (per Newman, J.) reversed in part and affirmed in part, holding that: (1) Newmont had standing under the U.S. antitrust laws to object to the tender offer; (2) Gold Fields also had antitrust standing (by 2-1); and (3) the U.S. courts did have subject matter jurisdiction over Gold Fields’s U.S. securities law claims. Accordingly, the court of appeals upheld the injunction and returned the case to the lower court for further proceedings. On remand, the district court found that inasmuch as Gold Fields had not demonstrated a likelihood that its U.S. securities law claims would be successful on the merits, those claims did not merit an injunction. The court also ruled that Minorco had failed to demonstrate that its plan to hold separate and sell the assets of Gold Fields posing the possible antitrust problem would provide adequate protection, and so kept the injunction against the tender offer in place. As a result, even though a majority of the Gold Fields shareholders had tendered their shares to Minorco and both British and European Communities regulatory authorities had approved the transaction, Minorco was forced to abandon its tender offer.
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Calabrese, Michael R. "Bandes v. Harlow & Jones, Inc." American Journal of International Law 82, no. 4 (October 1988): 820–24. http://dx.doi.org/10.2307/2203517.
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The former majority shareholders of Industria Nacional de Clavos y Alambres de Puas, S.A. (INCA), a large Nicaraguan steel company, sought to recover from Harlow & Jones, Inc. (H & J), a U.S. steel company, the purchase price of a shipment of undelivered steel billets. Following the Sandinista revolution, the Nicaraguan Government had “intervened” in INCA and it, too, demanded the funds that H & J interpleaded into the court. The district court rejected the claim of the Sandinista Government and allocated the funds to the benefit of all parties who held shares in the company prior to the intervention. On cross-appeals by the claimants, a panel of the United States Court of Appeals for the Second Circuit (per Kaufman, J.) affirmed in part and reversed in part, and held: the act of state doctrine does not bar judicial resolution of the dispute over the funds; the actions of the Sandinista Government amounted to a taking without compensation that will not be enforced by the U.S. courts; and the district court’s allocation of pro rata shares for all of the preintervention stockholders, including minority interests, was equitable.
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Unah, Isaac. "Judicial Politics in the D.C. Circuit Court. By Christopher P. Banks. Baltimore, MD: Johns Hopkins University Press, 1999. 200p. $38.00." American Political Science Review 96, no. 1 (March 2002): 201–2. http://dx.doi.org/10.1017/s0003055402224326.
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For decades the U.S. courts of appeals were afflicted with the proverbial middle child syndrome. They were given less than deserved attention by legal scholars and political scientists, and their decisions commanded less media and popular attention than rulings by the Supreme Court and even decisions of federal district courts. To many observers, the appeals courts were relatively invisible. Circuit courts are convalescing from this affliction because increasingly political scientists are turning their analytical attention to these thirteen important stations of judicial power in American society.
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Collins Jr., Paul M., and Wendy L. Martinek. "The Small Group Context: Designated District Court Judges in the U.S. Courts of Appeals." Journal of Empirical Legal Studies 8, no. 1 (February 17, 2011): 177–205. http://dx.doi.org/10.1111/j.1740-1461.2010.01205.x.
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Wald, Martin. "Committee of United States Citizens Living in Nicaragua v. Reagan." American Journal of International Law 83, no. 2 (April 1989): 380–84. http://dx.doi.org/10.2307/2202755.
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Appellants sued President Reagan and other executive branch officials in the U.S. district court to enjoin U.S. military aid to the Nicaraguán resistance forces (contras), alleging that the aid violated the Fifth Amendment to the Constitution, the United Nations Charter and customary international law. The district court, in an unpublished opinion, dismissed the complaint as presenting nonjusticiable political questions. The Court of Appeals for the District of Columbia Circuit (per Mikva, J.), affirming the dismissal on different grounds, held that (1) the trial court’s blanket invocation of the political question doctrine was inappropriate; (2) the statute funding the contras prevails over any earlier obligations under treaties or customary international law; (3) individuals have no private right of action to enforce decisions of the International Court of Justice; (4) adherence to an ICJ judgment rendered under a disputed assertion of compulsory jurisdiction is not required as a matter of jus cogens; and (5) plaintiffs had failed to show that U.S. government support of the contras caused their injuries or was so arbitrary and unreasonable as to violate their Fifth Amendment rights.
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Leigh, Edward M. "Zedan v. Kingdom of Saudi Arabia." American Journal of International Law 82, no. 4 (October 1988): 828–30. http://dx.doi.org/10.2307/2203519.
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Plaintiff Zedan, an American citizen, brought suit in the United States District Court for the District of Columbia against the Kingdom of Saudi Arabia for breach of a contract guaranteeing wages and profits. While performance under the contract occurred in Saudi Arabia, plaintiff alleged that the jurisdictional requirements under the Foreign Sovereign Immunities Act of 1976 (28 U.S.C. §§1330, 1602-1611 (1982)) (FSIA) were satisfied by a recruitment call in California from a representative of the royal overseer of a private Saudi company. The district court granted the Saudi motion to dismiss. On appeal, the United States Court of Appeals for the District of Columbia Circuit (per Silberman, J.) unanimously affirmed and held: (1) that the telephone call did not have the requisite substantiality of contact with the United States; (2) that it was not sufficient to form the basis of a cause of action; and (3) that the alleged breach did not have sufficient direct effect in the United States to satisfy the exceptions to immunity under the FSIA.
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Spiro, Peter J. "Sheets v. Yamaha Motors Corp." American Journal of International Law 83, no. 3 (July 1989): 580–83. http://dx.doi.org/10.2307/2203321.
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Plaintiff Sheets sought sanctions under Rule 11 of the Federal Rules of Civil Procedure against defendants, the Yamaha Motor Co. Ltd. (Yamaha Japan) and its wholly owned American subsidiary, Yamaha Motors Corp., U.S.A. (Yamaha U.S.A.), for misconduct in discovery and frivolous insistence that service on the foreign parent be made in conformity with the Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, better known as the Hague Service Convention. Plaintiff had effected service under the Louisiana long-arm statute, which permitted service on the subsidiary as involuntary agent for the defendant parent company in an action arising out of business transacted or tortious conduct occurring in the state. The U.S. District Court for the Eastern District of Louisiana initially awarded $25,000 in sanctions to the plaintiff. On appeal, the U.S. Court of Appeals for the Fifth Circuit remanded the decision for further findings by the district court on the grounds for imposing sanctions. The district court held (per Schwartz, J.): in light of the decision of the Supreme Court in Volkswagenwerk Aktiengesellschaft v. Schlunk, involving a state service statute virtually identical to that of Louisiana, the defendants’ failure to waive service under the Hague Convention needlessly increased the cost of litigation and was properly the subject of Rule 11 sanctions.
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Olijnyk, Yurij. "Procedure for consideration of cases in the Court of Appeal of Lviv (1919–1939s)." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 77–83. http://dx.doi.org/10.36695/2219-5521.2.2020.13.
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The acquisition of the Polish independence state in November 1918 was a decisive condition for the establishment and developmentof the Polish judicial system and legal proceedings. It is noted that the functioning of the institution of the judiciary in Polanddirectly depended on legal traditions, social changes, the level of legal culture and the influence of the legislation of the countries thatat one time participated in the division of the Second Commonwealth of Poland. The restored Polish state from the very first days of its existence began the activities aimed at the formation of judicial authorities, for some time foreign sources of law (Austrian, German,and Russian) remained in force in its territory. During the interwar period in the Polish state a special mission was assigned to the courts,because they were the spokesman for social justice. The role of courts played an important role in their structure and leadership. Thestructure and management of the appellate and district courts in the judicial system of the Second Commonwealth of Poland and thecharacteristic features of the structure and leadership of the Court of Appeal of Lviv have been analyzed.The Court of Appeals in Lviv was responsible for administering in its judicial district, carrying out inspections in lower courts,and bringing to justice judges and court officials through disciplinary violations, organization and reorganization of the courts of firstand second instance. The Court of Appeals also dealt with the nomination and transfer of judges from one court to another, followedthe law by lower courts, regulated the territory of the judicial districts (the final decision was nevertheless at the highest court in Warsawand the Ministry of Justice), took reports on the number of cases considered by the lower courts authoritiesThe article analyzes the procedure for consideration of cases in the Court of Appeal of Lviv (1919-1939s). It is noted that thecase was considered by the Court of Appeal according to the rules established for consideration of the case by the court of first instance(county or district). The Court of Appeal in Lviv reviewed the case in full, or focused only on a separate part of it, but only within thelimits of the complaint filed by a party in the process. The appellate court considered the case on the merits and made a decision, changingthe decision of the lower court, or leaving it unchanged.
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Klanica, Kaley. "Managed Care: Immunity for Peer Review under HCQIA." Journal of Law, Medicine & Ethics 31, no. 1 (2003): 160–61. http://dx.doi.org/10.1111/j.1748-720x.2003.tb00070.x.
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In Singh v. Blue Cross/Blue Shield of Massachusetts, Inc., the U.S. Court of Appeals for the First Circuit held that defendant Blue Cross/Blue Shield's peer review practices satisfied the immunity standard for professional review actions according to the Health Care Quality Improvement Act (HCQIA), and the First Circuit affirmed the U.S. District Court for the District of Massachusetts's grant of summary judgment in favor of the defendant.After Blue Cross/Blue Shield merged with Bay State Health Care, Blue Cross began to offer “Bay State Health Care” to former Bay State subscribers. Blue Cross denied the plaintiff, Dr. Kunwar Singh, participation in the Bay State Healthcare Network due to poor utilization review. Singh sought reconsideration, and Blue Cross agreed to audit his practices before making a final decision.
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Bodansky, Daniel, and John H. Knox. "Natural Resources Defense Council v. Environmental Protection Agency. 464 F.3d 1." American Journal of International Law 101, no. 2 (April 2007): 471–77. http://dx.doi.org/10.1017/s0002930000030207.
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Natural Resources Defense Council v. Environmental Protection Agency. 464 F.3d 1.United States Court of Appeals for the District of Columbia Circuit, August 29, 2006.In Natural Resources Defense Councilv. Environmental Protection Agency, the U.S. Court of Appeals for the District of Columbia Circuit held that certain decisions of the parties acting under the international legal regime to protect the ozone layer are not “law” with which EPA must comply under the Clean Air Act. In dicta, the court suggested that holding the decisions to be “‘law’ would raise serious constitutional questions in light of the nondelegation doctrine, numerous constitutional procedural requirements for making law, and the separation of powers” (p. 9).The purpose of the international ozone regime—in particular, the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances That Deplete the Ozone Layer—is to protect stratospheric ozone, which intercepts harmful ultraviolet radiation from the sun. Unlike oxygen (O2), ozone (O3) is unstable: when a chlorine or bromine compound reaches the stratosphere, it sets off chemical chain reactions that destroy thousands of ozone molecules. As industrial production of such compounds has increased, stratospheric ozone has been depleted, allowing more ultraviolet radiation to reach the Earth, where it causes skin cancer and cataracts, reduces agricultural productivity, and harms the environment. The ozone regime reduces ozone-depleting substances (ODS) in the stratosphere by phasing out their production.
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Amy, choeffel. "Medicaid & Medicare: D.C. Appellate Court Denies Claim for Medicare Reimbursement of GME Cost." Journal of Law, Medicine & Ethics 27, no. 2 (June 1999): 205. http://dx.doi.org/10.1017/s1073110500012997.
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The U.S. Court of Appeals for the District of Columbia upheld, in Presbyterian Medical Center of the University of Pennsylvania Health System v. Shalala, 170 F.3d 1146 (D.C. Cir. 1999), a federal district court ruling granting summary judgment to the Department of Health and Human Services (DHHS) in a case in which Presbyterian Medical Center (PMC) challenged Medicare's requirement of contemporaneous documentation of $828,000 in graduate medical education (GME) expenses prior to increasing reimbursement amounts. DHHS Secretary Donna Shalala denied PMC's request for reimbursement for increased GME costs. The appellants then brought suit in federal court challenging the legality of an interpretative rule that requires requested increases in reimbursement to be supported by contemporaneous documentation. PMC also alleged that an error was made in the administrative proceedings to prejudice its claims because Aetna, the hospital's fiscal intermediary, failed to provide the hospital with a written report explaining why it was denied the GME reimbursement.
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Gibbs, Dominic. "UP THE CREEK: AN EXERCISE IN COMMON SENSE FROM THE COURT OF APPEAL." Cambridge Law Journal 60, no. 1 (March 2001): 1–58. http://dx.doi.org/10.1017/s0008197301730619.
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THE recent decision in Chelsea Yacht and Boat Co. Ltd. v. Pope [2000] 1 W.L.R. 1941 may be considered a timely reminder from the Court of Appeal that real property law applies to real property and not to chattels. The wonder of the case lies in how this, hardly particularly profound, proposition came to require two appeals for its elucidation, and how the learned judges in the District and West London County Courts came, in their desire to tread nimbly through the thickets of a short point of statutory interpretation, to lose sight of the particular wood into which they had wandered.
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Ryan, Christopher M., and Jonathan L. Greenblatt. "The United States Court of Appeals for the District of Columbia: Republic of Argentina v. B.G. Group PLC." International Legal Materials 51, no. 3 (June 2012): 525–34. http://dx.doi.org/10.5305/intelegamate.51.3.0525.
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On January 17, 2012, the United States Court of Appeals for the District of Columbia (‘‘D.C. Circuit’’) issued its decision in Republic of Argentina v. B.G. Group PLC, overturning a final award of a United Nations Commission on International Trade Law (‘‘UNCITRAL’’) arbitral tribunal issued in favor of BG Group PLC (‘‘BG Group’’). According to the Court, the arbitral tribunal exceeded its authority by taking jurisdiction over the dispute when BG Group failed to first submit its claims to the courts of Argentina for a period of eighteen months, as required by the Agreement Between theGovernment of the UnitedKingdomof Great Britainand Northern Ireland andthe Government of the Republic of Argentina for the Promotion and Protection of Investments (the ‘‘U.K.-Argentina BIT’’).
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Smith, Bradford L. "In re Request for Assistance from Ministry of Legal Affairs of Trinidad and Tobago." American Journal of International Law 82, no. 4 (October 1988): 824–28. http://dx.doi.org/10.2307/2203518.
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Appellant, Joseph Azar, appealed the district court’s denial of his motion to quash a subpoena obtained by the U.S. Department of Justice at the request of the Minister of Legal Affairs of Trinidad and Tobago. The United States had sought the subpoena to obtain Azar’s Florida bank records as part of a criminal investigation in Trinidad and Tobago. On review, the Court of Appeals for the Eleventh Circuit (per Fay, J.) affirmed the district court’s decision and held that 28 U.S.C. §1782 authorized the judicial assistance sought by the Minister of Legal Affairs even though there was no pending proceeding in Trinidad and Tobago.
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Bohlander, Michael. "‘Take it from Me…’—The Roles of the Judge and Lay Assessors in Deciding Questions of Law in Appeals to the Crown Court." Journal of Criminal Law 69, no. 5 (October 2005): 442–48. http://dx.doi.org/10.1350/jcla.2005.69.5.442.
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According to traditional jurisprudence, lay assessors sitting with professional judges at the Crown Court, whether at trial or appeal level, have to take the law from the judge as the legal professional. The same is not true when the same lay magistrates sit at the magistrates' court either with a clerk or a professional district judge. This article questions the traditional arguments for this discrepancy and argues that if lay assessors at the Crown Court have the status of full judges, they should also have the power to decide questions of law.
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Gomes, Allan. "Fraud & Abuse: Fourth Circuit Holds Eleventh Amendment Bars Qui Tam Suit Against State in Federal Court." Journal of Law, Medicine & Ethics 27, no. 2 (June 1999): 201–2. http://dx.doi.org/10.1017/s107311050001295x.
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The U.S. Court of Appeals for the Fifth Circuit ruled, in United States u. Texus Tech University, 171 F.3d 279 (5th Cir. 1999), that the Eleventh Amendment bars a private citizen from bringing a qui tam action in federal court against a state, absent federal intervention.Intervenor Carol Foulds was a dermatology resident at the Texas Tech Health Services Center. While a resident, Foulds examined patients, made diagnoses, and prescribed treatments for patients. Foulds alleged that she and other residents performed these medical services without the supervision of staff physicians. Foulds further alleged that, after residents performed these services without physician oversight, staff physicians signed charts and Medicare and Medicaid billing forms certifying that they personally performed or supervised the administration of these services. Foulds estimates approximately 500,000 false claims occurred in a span of ten years.In 1995, Foulds filed a qui tam action with the U.S. District Court for the Northern District of Texas. As regulated by the False Claims Act (FCA), 31 U.S.C. § 3729(b)(2) (West 1998), the complaint remained under seal.
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Bello, Judith Hippler, and Theodore R. Posner. "Alien Tort Claims Act—genocide—war crimes—violations of international law by nonstate actors: Kadic v. Karadzic. 70 F.3d 232, cert, denied, 64 U.S.L.W. 3832 (June 18, 1996)." American Journal of International Law 90, no. 4 (October 1996): 658–63. http://dx.doi.org/10.2307/2203994.
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In a suit brought by Bosnian nationals against Radovan Karadzic, die U.S. Court of Appeals for the Second Circuit held that, under the Alien Tort Claims Act, a U.S. district court may exercise jurisdiction over a nonstate actor accused of committing genocide or war crimes in violation of international law. Relying on various international agreements, including the Convention on the Prevention and Punishment of the Crime of Genocide and common Article 3 of the four Geneva Conventions, the court found that, under modern international law, genocide and war crimes are universally condemned regardless of whether the perpetrator is die agent of a state or an independent, nonstate actor. However, the court declined to extend its holding beyond these two categories of international law violations, finding that no similar consensus exists widi respect to more commonplace violations such as torture and summary execution; the current state of international law with respect to these acts concerns state actors only, according to die court.
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Pivarnik, Greg. "Cells as Drugs?: Regulating the Future of Medicine." American Journal of Law & Medicine 40, no. 2-3 (June 2014): 298–321. http://dx.doi.org/10.1177/009885881404000208.
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Regenerative Sciences, LLC, a Colorado company run by physicians, created the Regenexx-C (Cultured) (“Regenexx-C”) procedure to treat bone pain. The procedure involves harvesting a patient’s own mesenchymal stem cells (MSCs), expanding the cells ex vivo, and then injecting the resulting cellular product into the site of injury, usually an injured joint. The MSCs then repair the damaged tissue. On July 23, 2012, the United States Food and Drug Administration (FDA) won a permanent injunction against Regenerative Sciences in district court, preventing the company from offering the procedure because the MSCs were adulterated and misbranded “drugs” under the Federal Food, Drug, and Cosmetic Act (FDCA). The Court of Appeals for the D.C. Circuit recently upheld the ruling.
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Martin, Christopher S., K. Preston Oade, and Ted D. Nirenberg. "Alcohol Content Labeling and Advertising: The Adolph Coors Company Lawsuit." Journal of Drug Issues 22, no. 4 (October 1992): 949–58. http://dx.doi.org/10.1177/002204269202200410.
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Federal law prohibits brewers from disclosing information about the alcohol content of malt beverages on product labels or in advertising. In 1987, the Adolph Coors Company filed suit against the federal Bureau of Alcohol, Tobacco, and Firearms, arguing that this law is an invalid suppression of speech violating the First Amendment of the United States Constitution. Coors won the case in U.S. District Court and the defendants have appealed to the United States Court of Appeals. A hearing and decision on the appeal is pending. This article summarizes the current federal law, describes the Coors case challenging the law, and discusses legal and practical issues concerning alcohol content labeling and advertising for malt beverages.
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Emord, Jonathan W. "Pearson v. Shalala: The Beginning of the End for FDA Speech Suppression." Journal of Public Policy & Marketing 19, no. 1 (April 2000): 139–43. http://dx.doi.org/10.1509/jppm.19.1.139.16945.
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On January 15, 1999, the Food and Drug Administration (FDA) regulations for evaluating health claims for dietary supplements were declared invalid under the First Amendment to the U.S. Constitution and under the Administrative Procedure Act. The Court of Appeals for the District of Columbia Circuit held the FDA's refusal to authorize four nutrient–disease relationship claims with disclaimers a violation of the First Amendment commercial speech doctrine. That court also held the FDA's refusal to define a standard for review of health claims arbitrary and capricious. The decision is final and binding on the FDA. It is destined to have a profound impact on the way the FDA regulates claims for dietary supplements and potentially all other products.
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Bopp, James, and Richard E. Coleson. "Webster, Vagueness and the First Amendment." American Journal of Law & Medicine 15, no. 2-3 (1989): 217–22. http://dx.doi.org/10.1017/s009885880001220x.
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The State of Missouri forbids the expenditure of public funds “for the purpose of encouraging or counseling a woman to have an abortion not necessary to save her life.” This provision is part of a comprehensive scheme adopted by Missouri to advance its legitimate state interest in preferring childbirth over abortion by ensuring that state funds, facilities and personnel are not used to promote abortion.This provision was invalidated by the United States Court of Appeals for the Eighth Circuit on the grounds that the language “encourage or counsel” was “void for vagueness and violative of the right to privacy.” The district court had found that in addition to these two grounds, the provision violated the first amendment.
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Caldie, Ed. "Medicare: Ninth Circuit Limits Rates Providers Can Charge Medigap Insurers." Journal of Law, Medicine & Ethics 31, no. 1 (2003): 159–60. http://dx.doi.org/10.1111/j.1748-720x.2003.tb00069.x.
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In Vencor, Inc. v. National States Insurance Co., the U.S. Court of Appeals for the Ninth Circuit held that a Medigap insurance provider was only obligated to pay the rates that Medicare would have paid for the same care.Clarence Rollins purchased a Medigap insurance policy from National States Insurance Company (NSIC) to supplement his Medicare coverage. When Rollins became ill and required care beyond that which Medicare would cover, he received his medical treatment from Vencor Hospital-Phoenix (Vencor). Upon Rollins's death, NSIC paid Vencor $38,760. Vencor claimed that NSIC owed an additional $132,438 because NSIC was not entitled to the lower care rates established by Medicare. NSIC refused to pay Vencor's higher rates. As a result, Vencor sued NSIC for breach of contract.The U.S. District Court for the District of Arizona held, on a motion for summary judgment, that no breach occurred, and that NSIC was obligated to pay only the lower rates established by Mediare. The Ninth Circuit affirmed this decision.
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Neaderland, Benjamin, and Jared Cohen. "Parties push to enforce statutory time limits on SEC enforcement actions." Journal of Investment Compliance 16, no. 3 (September 7, 2015): 30–32. http://dx.doi.org/10.1108/joic-06-2015-0036.
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Purpose – To alert companies and individuals subject to regulation and investigation by the US Securities and Exchange Commission (SEC) of potential arguments to enforce time limits on enforcement actions that have heretofore commonly been ignored. Design/methodology/approach – Analyzes two cases - one recently decided and one pending - in US Courts of Appeals, explains significance of issues at stake. Findings – The Courts of Appeals for District of Columbia Circuit has recently reviewed, and the Court of Appeals for the 11th Circuit will soon decide whether statutory timing provisions effectively remove SEC power to bring enforcement actions past their deadlines, at least in some circumstances. Practical implications – Depending on the outcomes of the cases, companies and individuals may gain a new procedural defense or two against SEC enforcement actions. They may also expect the SEC to respond by more actively seeking tolling agreements, and/or being more cautious in issuing Wells notices. Originality/value – Guidance based on pending decisions interpreting US securities law, may bring regulatory adjustments to agency practice and procedure.
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Loken, Keith. "In the Matter of Kl (A Child) (U.K. Sup. Ct.) & X v. Latvia (Eur. CT. H.R.)." International Legal Materials 53, no. 2 (April 2014): 350–96. http://dx.doi.org/10.5305/intelegamate.53.2.0350.
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On December 4, 2013, the Supreme Court of the United Kingdom ruled in In the Matter of KL that a child brought to the UK pursuant to a U.S. district court order–subsequently overturned by a U.S. court of appeals–in a proceeding under the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) must be returned to the United States. One week earlier, in a 9-8 decision issued on November 26, 2013, the Grand Chamber of the European Court of Human Rights (ECHR), upholding the judgment of the ECHR Chamber below, ruled in X v. Latvia that the actions of the Latvian courts, ordering Ms. X to return her daughter E. to Australia under the Hague Convention, constituted an infringement of Ms. X’s rights under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Human Rights Convention). These cases provide an interesting contrast in approaches to the international abduction of children.
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Wevers, Kate. "Recent Case Developments in Health Law." Journal of Law, Medicine & Ethics 38, no. 2 (2010): 436–40. http://dx.doi.org/10.1111/j.1748-720x.2010.00502.x.
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A 2009 decision by a Florida state trial court marks a recent addition to the long line of cases authorizing compelled medical treatment of pregnant women for the benefit of their unborn children. Despite recurring judicial and academic consideration of the issues involved, there is no consensus regarding the correct approach to take in cases that pit a woman's right to refuse medical treatment against the state's interest in protecting fetal health. Burton v. Florida, currently under appeal to Florida's First District Court of Appeals, demonstrates the difficulty of emergency decision-making in this area and the need for robust ex ante consideration of the important interests at stake.In March 2009, pursuant to a petition by the State of Florida, the Leon County Circuit Court overrode a pregnant woman's informed refusal to consent to medical treatment, and ordered her to remain a hospital inpatient and submit to medical treatment.
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Healy, Terence, Amy J. Greer, and Daniel Z. Herbst. "The Securities and Exchange Commission (“SEC”) prevails in the second circuit in defending its no-admission settlement policy." Journal of Investment Compliance 15, no. 4 (October 28, 2014): 41–43. http://dx.doi.org/10.1108/joic-09-2014-0039.
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Purpose – To explain the impact of a recent decision by the USA Court of Appeals for the Second Circuit on the SEC’s “neither admit nor deny” practice on SEC enforcement matters after the practice was called into question by a federal district court judge. Design/methodology/approach – Explains the background on the practice of no-admission, the challenge by Judge Rakoff to the practice, and the ruling of the Second Circuit and its practical approach on enforcement matters. Findings – The ruling should resolve much of the uncertainty that has surrounded court approval of SEC settlements since Judge Rakoff’s decision to question the practice of no-admit or deny settlements. However, recent comments from SEC Chair Mary Jo White and Senior Enforcement Staff suggest that the SEC may continue to seek admissions in certain cases. Originality/value – Practical guidance from experienced securities and financial services lawyers.
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King, Nancy J. "Non-Capital Habeas Cases after Appellate Review: An Empirical Analysis." Federal Sentencing Reporter 24, no. 4 (April 1, 2012): 308–20. http://dx.doi.org/10.1525/fsr.2012.24.4.308.
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In 2007, researchers from the National Center for State Courts and Vanderbilt University Law School reported the findings from a study of litigation in 2384 randomly selected, non-capital habeas cases, approximately 6.5% of the non-capital habeas cases commenced in federal district courts in 2003 and 2004 by state prisoners. In this article, I update that report, including the cases that were pending when the 2007 report was prepared, following the study cases into the federal courts of appeals, and back into the state courts. Even after appellate review of denials and dismissals, the percentage of non-capital petitioners receiving federal habeas relief remains less than the 1% rate reported prior to AEDPA. Descriptive findings include appeals and requests to file successive petitions by circuit, and rulings on certificates of appealability by circuit. Detailed information regarding each case receiving relief in federal court is also included.
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Van Hemel, Peter J. "ERISA: State Tort Claim for Fraud and Negligent Misrepresentation Survives ERISA Preemption—Shea v. Esensten." Journal of Law, Medicine & Ethics 28, no. 2 (2000): 190–91. http://dx.doi.org/10.1111/j.1748-720x.2000.tb00012.x.
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The United States Court of Appeals for the Eighth Circuit held that ERISA did not preempt a Minnesota tort claim alleging fraud and negligent misrepresentation against primary-care physicians who failed to disclose their financial incentives to minimize specialist referrals. The original action (“Shea I”) was filed in state court after the plaintiff's husband died of heart failure, alleging that his family doctors had assured him that referral to a cardiologist was unnecessary. The plaintiff filed a wrongful death suit against the doctors, their clinic, and her husband's HMO. Her complaint against the HMO alleged that certain financial incentives built into the HMO-physician contract were designed to minimize referrals to specialists. The HMO removed the case to the District of Minnesota, contending that ERISA preempted the plaintiff's wrongful death claim.
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Zimring, Franklin E. "Handgun Control, the Second Amendment, and Judicial Legislation in the D.C. Circuit: A Note on Parker v. District of Columbia." New Criminal Law Review 11, no. 2 (2008): 312–22. http://dx.doi.org/10.1525/nclr.2008.11.2.312.
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This note examines the wholly novel constitutional calculus used by the D.C. Circuit Court of Appeals in 2007 to strike down the District of Columbia's prohibition of civilian handgun possession. The central feature of the court's analysis of handguns was finding that modern handguns should be regarded as "lineal descendents" of militia era flintlocks, a finding that ignores the provable fact that the pistols of 1794 were not concealed or concealable weapons. Because concealability is the central danger of the modern handgun, this critical element in the opinion is an error both of historical analysis and constitutional reasoning.
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Alford, Roger. "U.S. Court of Appeals for the District of Columbia Circuit: Nemariam, et al., V. Ethiopia, by Roger Alford." International Legal Materials 42, no. 2 (March 2003): 420–26. http://dx.doi.org/10.1017/s0020782900021252.
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Savchak, Elisha Carol, Thomas G. Hansford, Donald R. Songer, Kenneth L. Manning, and Robert A. Carp. "Taking It to the Next Level: The Elevation of District Court Judges to the U.S. Courts of Appeals." American Journal of Political Science 50, no. 2 (April 2006): 478–93. http://dx.doi.org/10.1111/j.1540-5907.2006.00197.x.
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