Relevant bibliographies by topics / District Court (Kentucky : Eastern District)

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Academic literature on the topic 'District Court (Kentucky : Eastern District)'

Author: Grafiati
Published: 4 June 2021
Last updated: 26 January 2023

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Journal articles on the topic "District Court (Kentucky : Eastern District)"

1

Roy, Mark A. "U.S. Loyalty Program for Certain un Employees Declared Unconstitutional." American Journal of International Law 80, no. 4 (October 1986): 984–85. http://dx.doi.org/10.2307/2202087.

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On April 8,1986, the United States District Court for the Eastern District of Pennsylvania held, in the case of Hinton v. Devine (Civ. No. 84-1130), that Executive Order No. 10422 of January 9, 1953, as amended, under which the International Organizations Employees Loyalty Program had been instituted, was unconstitutional in that it violated the First Amendment rights of American citizens. The district court also enjoined the United States Government “from publishing, communicating, or advising any third parties, including any international organizations, as to the loyalty of William H. Hinton or any other United States citizen.”
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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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George W. Geib. "The United States District Court for the Eastern District of Michigan: People, Law, and Politics by David Gardner Chardavoyne." Michigan Historical Review 39, no. 2 (2013): 110–11. http://dx.doi.org/10.1353/mhr.2013.0031.

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4

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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Abbott, Kathryn. "The Dormant Commerce Clause and California's Low Carbon Fuel Standard." Michigan Journal of Gender & Law, no. 3.1 (2013): 179. http://dx.doi.org/10.36641/mjeal.3.1.dormant.

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California’s Low Carbon Fuel Standard (LCFS), enacted as part of the State’s pioneering Global Warming Solutions Act (AB 32), purports to regulate the amount of carbon emissions associated with fuels consumed in the state. Part of this scheme involves assigning numeric scores to vehicle fuels reflecting the amount of carbon emissions associated with their production, transportation, and use. The scores are part of a “cap-and-trade” scheme to lower the state’s total amount of carbon emissions associated with fuel use. Out-of-state industry groups brought a challenge in the United States District Court for the Eastern District of California, alleging that the LCFS violated the “dormant Commerce Clause” of the United States Constitution. The United States District Court for the Eastern District of California agreed with the Plaintiffs, and issued a preliminary injunction. On October 16, 2013, the Ninth Circuit reversed and remanded. This Note describes the background of the dormant Commerce Clause and its application in previous environmental regulations. It then analyzes the arguments on both sides of the challenge to California’s LCFS, and suggests a course of action for California and other states going forward to comply with the Constitution in this developing area of law. Finally, this Note discusses the application of dormant Commerce Clause doctrine to the scenario of global climate change, and the relevance of global warming as a critical issue that states can be allowed to regulate, especially when the federal government has not.
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Dzikovskiy, Maksym. "Austrian judicial system of 1867." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 60–64. http://dx.doi.org/10.36695/2219-5521.3.2020.09.

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The article examines the Austrian judicial system formed on the basis of the Basic Constitutional Law of Austria on JudicialPower of December 27, 1867, requirements for individuals who wanted to become judges.The judge could be any male Austrian citizen who had a university degree in law and practical experience of at least three years,successfully passed the written and oral exams. Examination commissions were set up annually by the Minister of Justice at each higherregional court. They included law professors and skilled practitioners. Thus, the professionalism of judges was ensured.Judges were appointed for life by the emperor or relevant officials on his behalf. At the time of their appointment, they took anofficial oath and an oath to strictly abide by the constitution and laws of Austria-Hungary. All decisions were made on behalf of theemperor. Judges were recognized as free and independent in their decisions. In 1908, in Eastern Galicia, 63.8 % of judges were of Polishnationality and 31.8 % were Ukrainians. From 1870 in Eastern Galicia there was one higher legal court in Lviv and 5 district judges,and from the beginning of the XX century 10 district judges.The functions and powers of the Supreme Judicial and Cassation Tribunal in Vienna (the State Tribunal), which was the highestcourt in Austria, are highlighted. The competence of cases in which the State Tribunal made decisions as a court of first instance andthe procedure for their consideration are analyzed. The procedure of formation of the composition of the State Tribunal is covered.Along with the State Tribunal, the Administrative Tribunal was functioning in Austria, created on the basis of the law adopted bythe Austrian Parliament in 1875. The structure, powers and functions of the High Regional Courts, District Courts and County Courtsare analyzed. The peculiarities of the functioning of the Austrian judicial system in Galicia in 1867–1918 are highlighted.
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7

Hartwig, Matthias. "The German Federal Constitutional Court and the Extradition of Alledged Terrorists to the United States." German Law Journal 5, no. 3 (March 1, 2004): 185–95. http://dx.doi.org/10.1017/s2071832200012396.

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In January 2003, two Yemeni citizens were arrested by German police forces at the airport of Frankfurt. The arrest took place pursuant to the request of an American judge of the United States District Court for the Eastern District of New York. The action was considered to be a blow against international terrorism and should have demonstrated the functioning of the German-American cooperation in the war against this scourge. However, due to general considerations as well as the concrete circumstances of the case, the extradition of the two persons took more time than would be expected from a smoothly running cooperation. All legal remedies were exhausted in the Yemenis’ efforts to avoid extradition to the United States, and even now, an individual complaint has been brought before the European Court on Human Rights in Strasbourg. The two Yemeni citizens were finally extradited more than ten months after their arrest in November 2003.
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8

Renfro, Ashleigh N. "All In with Jack High." Texas A&M Law Review 1, no. 3 (January 2014): 751–78. http://dx.doi.org/10.37419/lr.v1.i3.9.

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In United States v. DiCristina, the Eastern District of New York ruled that Texas Hold ‘Em poker is game of skill, and thus, not illegal under the federal Illegal Gambling Business Act. In the decision, the court found that the statute’s text and legislative history did not indicate that Congress intended to include Texas Hold ‘Em poker amongst other illegal gambling activities. But most importantly, the Eastern District found that the analytical and psychological elements of the game allow a skilled player to perform better than another. This, the court reasoned, differentiated Texas Hold ‘Em poker from other types of illegal gambling activities. Though the Second Circuit Court of Appeals ultimately disagreed on statutory interpretation grounds, the Eastern District’s skill analysis still stands and gives credence to the longstanding argument that the game, because it allows skilled players to excel over non-skilled players, sits on its own compared to prohibited gambling activities. In effect, DiCristina laid the foundation and answered one of the last remaining questions keeping Congress from legalizing online Texas Hold ‘Em poker. This Comment will explore various legalization surges throughout America’s history of gambling that ultimately helped push forward new periods of regulation and reform. This Comment will also examine the rise and fall of internet gambling and the current federal laws keeping the once thriving industry from returning. Additionally, this Comment will look at prior conclusions of the skill-versus-chance argument before DiCristina, and the Eastern District’s approach to resolving the skill versus chance issue. Lastly, this Comment will examine recent developments surrounding online Texas Hold’ Em poker that mirror surges of prior periods of reform, and together with DiCristina, urge Congress to use these final strongholds to advance federal legislation allowing for interstate online Texas Hold ‘Em poker.
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9

Delaume, Georges R. "United States: District Court for the Southern District of New York Opinion in Liberian Eastern Timber Corporation (Letco) v. The Government of the Republic of Liberia." International Legal Materials 26, no. 3 (May 1987): 695–701. http://dx.doi.org/10.1017/s0020782900021379.

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10

K.C.L. "Parties Settle in HIV Claim under ADA." Journal of Law, Medicine & Ethics 23, no. 3 (1995): 298–99. http://dx.doi.org/10.1017/s1073110500004459.

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On October 31, 1994, it was announced that a confidential settlement had been reached in Doe v. Kohn, Nast & Graf, P.C., et al. (No. 93-4510 (E.D. Pa. filed Aug. 19, 1993), 862F. Supp. 1310 (E.D. Pa. 1994)). The settlement in ths widely publicized AIDS discrimination case came three weeks after the trial began in the District Court for the Eastern District of Pennsylvania (“Philadelphia Lawyer Settles AIDS Discrimination Claims Against Firm,” Daily Lab. Rep. (BNA), Nov. 2, 1994, at 10).Plaintiff Doe, an associate employed at Kohn, Nast & Graf, a prominent law firm in Philadelphia, filed an AIDS discrimination case under the Americans with Disabilities Act (ADA) against his employer claiming that the firm fired him in March 1993 because he was HIV-positive. Doe's complaint also cited claims under ERISA and other Pennsylvania employment laws.
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Books on the topic "District Court (Kentucky : Eastern District)"

1

On the bench: History of the Federal Court in the Eastern District of Kentucky. Ashland, KY: Jesse Stuart Foundation, 2008.

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2

Call me Mac: A biography of Judge Mac Swinford. Louisville, KY: Clark Legacies, an imprint of Integrated Media Corp., 2012.

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3

Bruton, Charles R., and Mariam Koohdary. The Eastern District manual: Judicial practices and procedures in the United States District Court for the Eastern District of Pennsylvania. Edited by Pennsylvania Bar Institute. Mechanicsburg, Pa: PBI Press, Pennsylvania Bar Institute, 2006.

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L, Cook Michael. Virginia Supreme Court: District of Kentucky : order books, 1783-1792. Evansville, Ind. (3318 Wimberg Ave., Evansville 47712): Cook Publications, 1988.

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5

Center, Federal Judicial, ed. Calendaring practices of the Eastern District of North Carolina. Washington, D.C: Federal Judicial Center, 1987.

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6

United States. District Court (Michigan : Eastern District), ed. United states District Court for the Eastern District of Michigan: People, law, and politics. Detroit: Wayne State University Press, 2012.

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7

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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8

United States. Bankruptcy Court (Michigan : Eastern District). A local rules guide for Michigan Eastern District Bankruptcy Court. Eau Claire, WI (P.O. Box 1208, Eau Claire 54702): Professional Education Systems, 1987.

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9

L, Cook Michael. Kentucky federal court records: District and 6th circuit order books, 1789-1804. Evansville, IN (3318 Wimberg Ave., Evansville 47720): Cook Publications, 1993.

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10

United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration. Restructuring the District Court for the Eastern District of Texas and the Eastern District of North Carolina: Hearing before the Subcommittee on Intellectual Property and Judicial Administration of the Committee on the Judiciary, House of Representatives, One Hundred Second Congress, first session, on H.R. 3666 and H.R. 3686 ... October 31, 1991. Washington: U.S. G.P.O., 1993.

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Book chapters on the topic "District Court (Kentucky : Eastern District)"

1

DeCredico, Mary A. "Epilogue." In Confederate Citadel, 149–52. University Press of Kentucky, 2020. http://dx.doi.org/10.5810/kentucky/9780813179254.003.0007.

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The epilogue chronicles General Robert E. Lee’s return to Richmond after surrendering his army at Appomattox Court House. Lee could not have been prepared for the sights that greeted him as he crossed the pontoon bridges linking Manchester to Richmond. The fires were still burning in places as he and his party entered the city. Most of the business district had been destroyed. People were camped in Capitol Square, homeless. The entire social and racial system in Richmond was in shambles. Richmond faced innumerable challenges in the immediate postwar period.
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Hayter, Julian Maxwell. "From Intent to Effect." In The Dream Is Lost. University Press of Kentucky, 2017. http://dx.doi.org/10.5810/kentucky/9780813169484.003.0004.

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Chapter 3 describes how local African Americans, with the help of the U.S. Congress, federal courts, and the U.S. Department of Justice, instigated the reapportionment revolution after 1965. This revolution carried the spirit of civil rights reform, the Great Society, and President Lyndon Johnson’s equality-of-results standard well into the 1970s. After the Supreme Court’s decision in Allen v. State Board of Elections (1969) to expand the implications of the VRA’s preclearance clause in section 5, antidilution litigation began to flood America’s court system. African American public-housing resident Curtis Holt Sr. and white suburbanites eventually sued to deannex Chesterfield County, but for very different reasons. The white residents of the annexed area saw annexation as a way to continue passive resistance to school integration. Holt’s suit led the Supreme Court to place what became a seven-year moratorium on city council elections. This suit not only plugged Richmond into the Burger Court’s campaign against vote dilution but also eventually culminated in the implementation of Richmond’s majority–minority district system. Local politics in Richmond had national implications. Litigation (e.g., City of Richmond v. United States [1975]), the Supreme Court, and the Department of Justice played a critical role in the monumental election of a black-majority council in Richmond in 1977.
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Goldberg, David. "Introduction." In Black Firefighters and the FDNY. University of North Carolina Press, 2017. http://dx.doi.org/10.5149/northcarolina/9781469633626.003.0001.

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In a historic 2012 decision, Eastern District Court Judge Nicholas Garaufis ruled that the New York City Fire Department (FDNY) had knowingly and intentionally implemented and maintained racially discriminatory hiring processes throughout its history. The case, United States and Vulcan Society v. City of New York...
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Conference papers on the topic "District Court (Kentucky : Eastern District)"

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Crawford, Matthew, Jason M. Dortch, Hudson Koch, Yichuan Zhu, and William Haneberg. "LANDSLIDE SUSCEPTIBILITY AND RISK MAPPING IN THE BIG SANDY AREA DEVELOPMENT DISTRICT, EASTERN KENTUCKY." In GSA Connects 2021 in Portland, Oregon. Geological Society of America, 2021. http://dx.doi.org/10.1130/abs/2021am-369100.

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