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Journal articles on the topic 'United States. Circuit Court (7th Circuit)'

Author: Grafiati

Published: 4 June 2021

Last updated: 28 July 2025

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1

W.M.S. "Seventh Circuit Allows Informed Consent Claim Under FTCA." Journal of Law, Medicine & Ethics 24, no. 1 (1996): 71–72. http://dx.doi.org/10.1017/s1073110500004575.

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The United States Court of Appeals for the Seventh Circuit held, in Murrey v. United States (73 F.3d 1448 (7th Cir. 1996)), that claims for a physician's failure to obtain a patient's informed consent are not barred by the Federal Tort Claims Act (FTCA) as a species of misrepresentation. The court further held that the claim was not barred by the failure to include the issue of informed consent in the administrative claim. This decision reduces the burden on plaintiffs to state every cognizable claim consistent with the facts in an administrative proceeding; the failure to do so would prevent

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2

Brown, Casey. "A True Threat to First Amendment Rights: United States v. Turner and the True Threats Doctrine." Texas Wesleyan Law Review 18, no. 2 (2011): 281–307. http://dx.doi.org/10.37419/twlr.v18.i2.6.

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The Supreme Court has carved out several exceptions to what qualifies as protected speech under the First Amendment, including true threats and incitement. The majority rule in the circuit courts is that speech qualifies as a true threat if the speech would be interpreted by an objectively reasonable person as an intent to commit serious harm or injury. Most courts apply a true threats analysis to cases involving a charge under 18 U.S.C. § 115(a)(1)(B). Furthermore, most courts do not require that the speaker actually intend to carry out the threat in order to be convicted. Although courts hav

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3

Sloss, David L. "United States v. Duarte-Acero." American Journal of International Law 97, no. 2 (2003): 411–18. http://dx.doi.org/10.2307/3100117.

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In United States v. Duarte-Acero, the Eleventh Circuit Court of Appeals held that the International Covenant on Civil and Political Rights does not regulate the extraterritorial conduct of U.S. government agents. Additionally, the court held that the Covenant is not self-executing and therefore that it does not create individual rights that are judicially enforceable in U.S. courts.

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4

Tobias, Carl. "Confirm Judge Irma Carrillo Ramirez to the Fifth Circuit." SMU Law Review Forum 76, no. 1 (2023): 150. http://dx.doi.org/10.25172/slrf.76.1.7.

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The United States Senate must expeditiously confirm United States District Court for the Northern District of Texas Magistrate Judge Irma Carrillo Ramirez, who has definitely earned appointment to the United States Court of Appeals for the Fifth Circuit and will become the appellate court’s initial Latina member. This regional circuit effectively resolves substantial appeals, enjoys a large judicial complement, and certainly possesses a reputation as the nation’s most conservative appellate court. Ramirez, whom President Joe Biden nominated in mid-April, decidedly provides remarkable gender, e

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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 (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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6

Boike, Kristen. "Rethinking Gender Opportunities: Nontraditional Sports Seasons and Local Preferences." University of Michigan Journal of Law Reform, no. 39.3 (2006): 597. http://dx.doi.org/10.36646/mjlr.39.3.rethinking.

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In Communities for Equity v. Michigan High School Athletic Association, the Court of Appeals for the Sixth Circuit affirmed a district court decision, holding that the scheduling of high school girls' sports in "nontraditional" seasons in Michigan violated the Equal Protection Clause. The Supreme Court of the United States, granting certiorari, vacated and remanded this case back to the Sixth Circuit. This Note suggests reasons why the Sixth Circuit and/or the United States Supreme Court should protect the Michigan High School Athletic Association's (MHSAA) current scheduling of sports seasons

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7

Kontorovich, Eugene. "United States v. Dire." American Journal of International Law 107, no. 3 (2013): 644–49. http://dx.doi.org/10.5305/amerjintelaw.107.3.0644.

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In the first criminal piracy decision by a United States court in nearly a century, the U.S. Court of Appeals for the Fourth Circuit ruled that the federal piracy statute’s reference to the “law of nations” explicitly ties the scope of the offense to evolving customary international law definitions of the crime. The court went on to find that under current customary and treaty law, attempted piracy falls within the scope of the international crime. In doing so, it joined several courts in nations around the world that have confronted the issue as a result of the outbreak of Somali piracy that

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Macedo, Charles R., David P. Goldberg, and Chandler Sturm. "US Supreme Court finds authority held by administrative patent judges to be unconstitutional and mandates procedural cure to give USPTO Director more control." Journal of Intellectual Property Law & Practice 16, no. 12 (2021): 1293–96. http://dx.doi.org/10.1093/jiplp/jpab155.

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Abstract United States v Arthrex, Inc., Nos. 19-1434, 19-1452, 19-1458, 594 US ____, slip opinion, United States Supreme Court, 21 June 2021 (Arthrex III) Arthrex, Inc. v Smith & Nephew, Inc., 941 F3d 1320 (Federal Circuit 2019) (‘Arthrex I’), rehearing and rehearing en banc denied, 953 F3d 760 (Federal Circuit 2020) (‘Arthrex II’), petition for certiorari filed On 21 June 2021, the United States Supreme Court issued a decision in United States v. Arthrex, Inc. finding that the authority of administrative patent judges (APJs) of the Patent Trial and Appeal Board to issue Final Written Deci

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Hari, Hrishikesh, Jeremy Zucker, and Darshak Dholakia. "Gone with the Wind III: Ralls Historic Appeal and Lessons for Foreign Investors." Global Trade and Customs Journal 9, Issue 10 (2014): 493–96. http://dx.doi.org/10.54648/gtcj2014059.

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An unexpected July 2014 decision of the U.S. Court of Appeals for the District of Columbia Circuit pertaining to the Committee on Foreign Investment in the United States (CFIUS) merits consideration by both foreign investors and the U.S. national security community. Reversing a decision of the District Court below, the Circuit Court found that CFIUS and the President denied Ralls Corporation (Ralls), a foreign investor, its constitutionally protected due process rights in connection with requiring Ralls to divest acquired property on national security grounds. The case centered on a July 2012

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10

Allen, Michael. "Significant Developments in Veterans Law (2004-2006) and What They Reveal About the U.S. Court of Appeals for Veterans Claims and the U.S. Court of Appeals for the Federal Circuit." University of Michigan Journal of Law Reform, no. 40.3 (2007): 483. http://dx.doi.org/10.36646/mjlr.40.3.significant.

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Nearly twenty years ago, Congress for the first time created a system for judicial review of decisions denying veterans benefits. Specifically, Congress created an Article I Court: the United States Court of Appeals for Veterans Claims. Veterans dissatisfied with actions of the Department of Veterans Affairs regarding benefits could appeal to the Veterans Court. The United States Court of Appeals for the Federal Circuit provided appellate oversight of the Veterans Court. There simply is nothing like the Veterans Court elsewhere in American law. Yet, despite its uniqueness, there has been littl

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11

Pemberton, Daeja. "United States v. Lozoya." Texas A&M Law Review 8, no. 4 (2020): 1–8. http://dx.doi.org/10.37419/lr.v8.arg.1.

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The U.S. Constitution protects one’s right to a fair trial in a proper venue. Typically, venue is proper in whatever territorial jurisdiction a defendant commits an offense. But this rule is not as clear-cut when the offense takes place in a special jurisdiction, such as American airspace. A court must then determine whether the offense continued into the venue of arrival, making it proper under the Constitution. This issue was reexamined when Monique Lozoya assaulted another passenger on an airplane during a domestic flight. In United States v. Lozoya, the Ninth Circuit Court of Appeals faile

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Reyna Rivarola, Alonso, and Felecia S. Russell. "(Il)legally Exhausted." JCSCORE 8, no. 2 (2022): 143–51. http://dx.doi.org/10.15763/issn.2642-2387.2022.8.2.143-151.

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On October 5, 2022, the United States Fifth Circuit Court of Appeals announced its ruling on Texas v. United States, which found the Deferred Action for Childhood Arrivals (DACA) memorandum (and program) illegal. The Fifth Circuit Court of Appeals ordered the United States District Court for the Southern District of Texas to rule on the legality of the Biden Administration’s Final Rule on the program, which the Department of Homeland Security publicized in late August and is under review and set to take effect on October 31, 2022. On October 14, the United States District Court for the Souther

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Fraedrich, Laura. "Federal Circuit Keeps Commerce Honest." Global Trade and Customs Journal 6, Issue 2 (2011): 117–19. http://dx.doi.org/10.54648/gtcj2011017.

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Twenty years ago, from May 1990 through April 1991, Shinyei Corporation of America (hereinafter “Shinyei”) imported ball bearings into the United States that were subject to an antidumping duty order on ball bearings from Japan. The ball bearings had been manufactured by six different Japanese manufacturers and were subject to the second administrative review of the relevant antidumping duty order. The Department of Commerce, however, failed to apply the results of that administrative review to Shinyei’s imports, and Shinyei sued the Department of Commerce at the U.S. Court of International Tr

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Cantafio, Ralph A., Miles C. Nowak, and Cody J. Watson. "Perspective on Wildgrass Oil & Gas Committee v. Colorado Oil & Gas Conservation Commission and the Embracing of Associated Standing." Texas A&M Journal of Property Law 8, no. 3 (2022): 343–57. http://dx.doi.org/10.37419/jpl.v8.i3.7.

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The ongoing litigations between the Wildgrass Oil & Gas Committee (“Wildgrass”) and, among others, the Colorado Oil & Gas Conservation Commission (“COGCC”) serve as a microcosm of the political and legal horizons that define the microscope used to examine Colorado oil and gas development. This set of litigations began administratively with the application for permits before the COGCC and, over the passage of time, weaved its way through the District Court of the City and County of Denver (the “State District Court”), the United States District Court for the District of Colorado (the “F

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15

Chan, Rose Cecile. "Sperry Corp. v. United States." American Journal of International Law 83, no. 1 (1989): 86–90. http://dx.doi.org/10.2307/2202794.

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Plaintiffs, Sperry Corp. and Sperry World Trade Inc. (Sperry), received an award from the Iran-United States Claims Tribunal (Tribunal). Upon payment of the award, the United States deducted 2 percent of the total amount pursuant to a directive license issued by the Secretary of the Treasury regarding recovered claims by U.S. nationals against Iran. When plaintiffs challenged the authority of the Treasury to make the deduction and the United States Claims Court announced a preliminary ruling that concurred with plaintiffs’ position, the Executive persuaded Congress to approve legislation autho

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Hubbard, Jared. "In re del Valle Ruiz (2d Cir.)." International Legal Materials 59, no. 2 (2020): 239–51. http://dx.doi.org/10.1017/ilm.2020.15.

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On October 7, 2019, the United States Court of Appeals for the Second Circuit issued a decision in In re del Valle Ruiz that significantly expands the ability of parties to foreign legal proceedings to obtain discovery from U.S. courts. The Second Circuit reached two key conclusions that work to expand the reach of discovery by American courts: first, that the reach of 28 U.S.C. section 1782 applies to the full limit of constitutional due process, and second, that there is no bar on the ability of U.S. courts to order the production of documents outside of the United States under section 1782.

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Cornett, Chloe. "Lights, Camera, Action . . . As Long As You Live in the Proper Circuit: An Analysis of the Circuit Split Concerning Civilians’ First Amendment Right to Record Police Officers." SMU Science and Technology Law Review 25, no. 2 (2022): 237. http://dx.doi.org/10.25172/smustlr.25.2.5.

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While the United States Circuit Courts are not required to keep their precedents in synch, there are times when they should be. So-called “circuit splits” arise when the circuit courts divide themselves in a way that creates two competing schemes of caselaw. The core question of the split addressed in this Comment is whether or not there is an established First Amendment right for civilians to record police officers in public and, if so, whether that right ultimately defeats the doctrine of qualified immunity. The majority of circuits hold there is, while the minority point of view holds there

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18

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 eviden

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19

R.L.M. "Seventh Circuit Holds that HMOs Not Separate Market Under Antitrust Law." Journal of Law, Medicine & Ethics 23, no. 4 (1995): 408–9. http://dx.doi.org/10.1017/s1073110500006513.

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On September 18, 1995, the U.S. Court of Appeals for the Seventh Circuit handed down a decision in Blue Cross & Blue Shield United of Wisconsin v. Marshfield Clinic (65 F.3d 1406 (7th Cir. 1995)) that sets two important precedents regarding the status of health maintenance organizations (HMOs) under antitrust law. Chief Judge Posner, writing for the court, concluded that HMOs do not constitute a market separate from the general market for medical services and that agreements, between HMOs in a region, to operate in separate areas constitute a prohibited form of market splitting.This case p

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20

M.K. "Tenth Circuit Upholds BC/BS's Anti-Assignment Provisions." Journal of Law, Medicine & Ethics 24, no. 1 (1996): 72–73. http://dx.doi.org/10.1017/s1073110500004599.

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In St. Francis Regional Medical Center v. Blue Cross & Blue Shield of Kansas (49 F.3d 1460 (1995)), the United States Court of Appeals for the Tenth Circuit upheld Blue Cross/Blue Shield of Kansas's anti-assignment requirement, on the grounds that the Employee Retirement Income Security Act (ERISA) preempted a hospital's claim against Blue Cross. The court also held that public policy supported anti-assignment requirements in health plans not covered under ERISA.When drafting ERISA, Congress did not explicitly address assignability of health care benefits. According to the court of appeals

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21

Stein, Erica. "Thomas v. Carnival Corporation: Has the Eleventh Circuit Set International Arbitration Off Course?" Journal of International Arbitration 27, Issue 5 (2010): 529–37. http://dx.doi.org/10.54648/joia2010030.

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The United States has long been regarded as a jurisdiction favorable to international arbitration. However, a recent decision of the Eleventh Circuit Court of Appeals may call this into question. This article analyzes the court’s decision with a view towards understanding its potential impact on international arbitration in the United States, in particular with respect to the enforceability of international arbitration clauses.

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N. Luder, David, and Louis Christe. "U.S. Courts’ Assistance to International Arbitrations. Recent Developments and Impact on Arbitrations Seated in Switzerland." ASA Bulletin 40, Issue 4 (2022): 777–99. http://dx.doi.org/10.54648/asab2022070.

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For years parties to international arbitrations have used the discovery mechanism of § 1782 to seek the U.S. courts’ assistance in obtaining evidence from persons in the United States. Over time, a circuit split developed on whether § 1782 extended to private arbitral tribunals. This summer, the United States Supreme Court resolved the circuit split, holding that the scope of § 1782 did not encompass private international arbitration, but leaving the door open for arbitral tribunals imbued with some level of governmental authority. After providing a summary of the Supreme Court’s decision, the

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NAKAMURA, Mariko. "Study on the Cross-Examination of Witnesses by Closed Circuit Television." Institute of Legal Myongji University 21, no. 2 (2023): 175–202. http://dx.doi.org/10.53066/mlr.2023.21.2.175.

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Japan introduced a protective measure for witnesses including victims to testify by closed circuit television through the amendment to the Code of Criminal Procedure in May 2000 to alleviate their psychological burden during testimony at trial. Its scope was expanded in June 2016 and is under consideration by one of the subcommittees of the Legislative Council of the Ministry of Justice for additional expansion at this writing in January 2023. Criminal defendants, on the other hand, have the right to examine all witnesses. There are discussions on whether the right is constitutionally af

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Adler, Andrew. "Von Saher v. Norton Simon Museum of Art at Pasadena: California's Temporary Suspension of the Statute of Limitations in Holocaust Art Cases Violates the Foreign Affairs Doctrine." International Journal of Cultural Property 17, no. 1 (2010): 109–25. http://dx.doi.org/10.1017/s0940739110000184.

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AbstractIn 2002, the California state legislature enacted a law temporarily suspending the statute of limitations in certain Holocaust art cases. In doing so, it removed a major procedural obstacle facing plaintiffs and effectively revived claims once considered time-barred. Seven years later, the U.S. Court of Appeals for the Ninth Circuit held in von Saher v. Norton Simon Museum of Art at Pasadena that this California law was unconstitutional under the foreign affairs doctrine, because it impermissibly intruded on the federal government's exclusive power to make and resolve war. In so holdin

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Behm, Allyson. "Fraud and Abuse: United States ex rel Merena v. SmithKline Beecham Corp.; United States ex rel Spear v. SmithKline Beecham Clinical Lab.; United States ex rel Grossenbacher v. SmithKline Beecham Clinical Lab." Journal of Law, Medicine & Ethics 28, no. 2 (2000): 191–93. http://dx.doi.org/10.1111/j.1748-720x.2000.tb00013.x.

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The United States Court of Appeals for the Third Circuit held that when quitam relators file a multi-claim complaint under the Fraudulent Claims Act (FCA), their share of the proceeds must be based on an individual analysis of each claim. More importantly, the court held that relators are not entitled to any portion of the settlement of a specific claim if that claim was subject to dismissal under section 3730(e)(4) Relator Merena filed a quitam suit against his employer, SmithKline Beecham (SKB), claiming, among other things, that SKB defrauded the government by billing for laboratory tests t

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Vastano, Julia. "Choice of Law and Nazi-Looted Art Restitution: Cassirer v. Thyssen-Bornemisza Collection Foundation." American Journal of Trade and Policy 9, no. 2 (2022): 51–58. http://dx.doi.org/10.18034/ajtp.v9i2.620.

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On April 21, 2022, the Supreme Court came to an unanimous decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, a case concerning the legal ownership of a valuable painting by Camille Pissarro that was appropriated by the Nazi regime during the 1930s when its Jewish owners fled to the United States. After World War II, the painting changed ownership several times, ultimately to be acquired by Baron Hans Heinrich who sold it to the Thyssen-Bornemisza Collection Foundation in the Kingdom of Spain. After sixteen years of litigation and four appeals to the Ninth Circuit, the Supreme Co

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Benish, Kevin D. "Crystallex Int'l Corp. v. Bolivarian Rep. Venez. (3D Cir.)." International Legal Materials 60, no. 2 (2021): 147–67. http://dx.doi.org/10.1017/ilm.2020.67.

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On May 18, 2020, the United States Supreme Court denied a request by the Bolivarian Republic of Venezuela and its state-owned oil company, Petróleos de Venezuela, S.A. (PDVSA), to review the merits of Crystallex Int'l Corp. v. Bolivarian Republic of Venezuela, a decision by the U.S. Court of Appeals for the Third Circuit. In Crystallex, the Third Circuit affirmed a trial court's determination that PDVSA is the “alter ego” of Venezuela itself, thus permitting Crystallex to enforce a $1.4 billion judgment against Venezuela by attaching property held in PDVSA's name. Given the Supreme Court's dec

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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 (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

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Alday, Karen. "Givens v. Mountain Valley Pipeline, LLC and the Unresolved Circuit Split." Texas A&M Journal of Property Law 7, no. 2 (2021): 137–62. http://dx.doi.org/10.37419/jpl.v7.i2.1.

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The natural gas industry is central to the United States economy. However, due to vague regulations and judicial leniency, natural gas pipeline companies have almost zero restraint in exercising eminent domain. Their current operations mirror that of the federal government’s authority to exercise immediate possession. Recently, landowners have contested the pipeline industry’s authority to exercise eminent domain, which has developed into a circuit split. The Fourth Circuit, and the six other circuits that have followed suit, hold that pipeline companies have the substantive right to immediate

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Kirby, Jennifer. "Sourcing Unlimited, Inc. v. Asimco Int’l, Inc.: Appellate Jurisdiction and Equitable Estoppel." Journal of International Arbitration 26, Issue 1 (2009): 149–58. http://dx.doi.org/10.54648/joia2009007.

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In Sourcing Unlimited, Inc. v. Asimco Int’l, Inc., the United States Court of Appeals for the First Circuit reverses a district court decision denying defendants’ motion to compel arbitration. In doing so, the court addresses two key issues. First, the court analyzes, as a matter of first impression, whether it has jurisdiction to hear an interlocutory appeal from an order denying a motion to compel arbitration of an international commercial dispute, where the appeal is brought by a party that did not sign the agreement containing the arbitration clause. Second, the court addresses the circums

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Vázquez, Carlos M. "Argentine Republic v. Amerada Hess Shipping Corp." American Journal of International Law 83, no. 3 (1989): 565–68. http://dx.doi.org/10.2307/2203318.

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Plaintiffs and respondents, Amerada Hess Shipping Corp. and United Carriers, Inc., were respectively the charterer and owner of the Hercules, a crude oil tanker that was bombed in international waters by Argentine military aircraft during the war over the Malvinas or Falkland Islands. The ship was severely damaged and had to be scuttled off the coast of Brazil. After unsuccessfully seeking relief in Argentina, the companies filed suit against defendant and appellant, the Argentine Republic, in the Southern District of New York. Plaintiffs argued that the federal courts had jurisdiction under t

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Speer, John K. "Doherty v. U.S. Department of Justice." American Journal of International Law 85, no. 2 (1991): 345–48. http://dx.doi.org/10.2307/2203070.

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This case is the latest in a series of actions brought in the United States since 1984 that have resulted in court and administrative decisions on the claim of asylum by, and attempt at extradition of, the plaintiff, Joseph Patrick Doherty, a native of Northern Ireland and subject of the United Kingdom and its Colonies. He was admittedly a member of the Provisional Irish Republican Army and was convicted in absentia, in Northern Ireland, of murder of a British Army officer there in 1980. In the instant case, the plaintiff sought review by the United States Court of Appeals for the Second Circu

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Stewart, David P. "United States Court of Appeals for the Second Circuit: In Re Terrorist Attacks." International Legal Materials 47, no. 6 (2008): 839–57. http://dx.doi.org/10.1017/s0020782900005660.

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Harding, Sarah. "Bonnichsen v. United States: Time, Place, and the Search for Identity." International Journal of Cultural Property 12, no. 2 (2005): 249–63. http://dx.doi.org/10.1017/s0940739105050149.

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On its surface, Bonnichsen v. United States is an administrative law case, reviewing a decision by the Secretary of the Interior regarding the appropriate reach of a specific set of legislative and regulatory rules. As such, Judge Gould, writing for a panel of the Ninth Circuit of the United States Court of Appeals (Ninth Circuit) decided that the secretary's office had overstepped its bounds; in short, its interpretation of the rules in question was not reasonable. But underneath the legal categories, Bonnichsen is a much more complicated and politically charged case. It is about competing co

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O'Hear, Michael. "The Excessive Fines Clause in the Federal Courts: A Quarter-Century of Narrowing." Texas A&M Law Review 12, no. 2 (2025): 761–829. https://doi.org/10.37419/lr.v12.i2.7.

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The Eighth Amendment prohibits “excessive fines,” but what exactly does “excessive” mean? The question has taken on some urgency in recent years as American legislatures have sharply increased the economic penalties associated with criminal convictions. In 1998, in United States v. Bajakajian, the Supreme Court for the first time established a test of sorts to determine whether an economic penalty is “excessive” in violation of the Eighth Amendment. The test was not without its ambiguities but offered some potentially robust protection against the rising tide of fines, fees, forfeiture, and re

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Drew, Kathi A., and R. K. Weaver. "Disproportionate or Excessive Punishments: Is There a Method for Successful Constitutional Challenges?" Texas Wesleyan Law Review 2, no. 1 (1995): 1–43. http://dx.doi.org/10.37419/twlr.v2.i1.1.

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This article will begin with a review of several United States Supreme Court cases, from the emanation of the doctrine in Weems v. United States' to the widely misread and misunderstood case of Harmelin v. Michigan. The article then examines the impact of the Federal Sentencing Guidelines on the federal circuit courts as they relate to claims of disproportionality in prison sentences.' Next, the article explores some of the various state court opinions that have considered the issue of proportionality under federal constitutional guidelines and their own state constitutions. Finally, the artic

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Bello, Judith Hippler. "United States: Court of Appeals for the Federal Circuit Decision in Georgetown Steel Corporation V. The United States." International Legal Materials 26, no. 3 (1987): 680–94. http://dx.doi.org/10.1017/s0020782900021367.

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Santos, Mauricio Gomm Ferreira dos, and Mauricio Gomm Ferreira dos Santos. "Impactful Case Summaries: an Analysis of Developing Arbitral Jurisprudence in the United States." Revista Brasileira de Arbitragem 6, Issue 23 (2009): 189–221. http://dx.doi.org/10.54648/rba2009049.

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ABSTRACT: The Miami Arbitration Reports cover a number of topics, all of them relevant to the intersection between American law and international arbitration. This collection begins with a number of eye-catching decisions. First, the Sixth and Second Circuits have resurrected the non-statutory ground of "manifest disregard" for vacating an arbitral award. After what seemed like the final word from the US Supreme Court, it looks like the law is continuing to diversify and provide greater uncertainty. Second, the battle to obtain discovery in the United States in aid of private international T

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Chern, Dan. "Why Mandatory IOLTAs Should be Eliminated." Texas Wesleyan Law Review 4, no. 1 (1997): 123–41. http://dx.doi.org/10.37419/twlr.v4.i1.5.

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The First and Eleventh Circuits have held that clients have no property right in interest earned through the IOLTA program. Contrary to both holdings, the Fifth Circuit found that clients do have a property right in this interest. Indeed, the Fifth Circuit's opinion consists almost entirely of a critique of these two contrary holdings. Curiously, all three circuits rely on the same United States Supreme Court case, Webb's Fabulous Pharmacies, Inc. v. Beckwith. This Comment concludes that the Fifth Circuit correctly applied Webb's in holding that the owner of principal has a property right in t

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Stein, Erica. "Polimaster Ltd. v. RAE Systems, Inc.: My Place or Yours? But Not Both." Journal of International Arbitration 28, Issue 3 (2011): 265–71. http://dx.doi.org/10.54648/joia2011021.

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In Polimaster Ltd. v. RAE Systems, Inc., the U.S. Court of Appeals for the Ninth Circuit decided that an arbitral award rendered in the United States should not be confirmed under the Federal Arbitration Act. The court's opinion highlights the troubles that can arise when courts must analyze arbitration clauses that are more complicated than they need to be.

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Wald, Martin. "Committee of United States Citizens Living in Nicaragua v. Reagan." American Journal of International Law 83, no. 2 (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

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Holden, Richard, Michael Keane, and Matthew Lilley. "Peer effects on the United States Supreme Court." Quantitative Economics 12, no. 3 (2021): 981–1019. http://dx.doi.org/10.3982/qe1296.

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Using data on essentially every U.S. Supreme Court decision since 1946, we estimate a model of peer effects on the Court. We estimate the impact of justice ideology and justice votes on the votes of their peers. To identify the peer effects, we use two instruments that generate plausibly exogenous variation in the peer group itself, or in the votes of peers. The first instrument utilizes the fact that the composition of the Court varies from case to case due to recusals or absences for health reasons. The second utilizes the fact that many justices previously sat on Federal Circuit Courts, and

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Leigh, Edward M. "Zedan v. Kingdom of Saudi Arabia." American Journal of International Law 82, no. 4 (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.

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Chapman, Robert B. "Tax Compliance and the Revenue Rule in Prosecutions for Wire and Mail Fraud." International and Comparative Law Quarterly 48, no. 2 (1999): 437–46. http://dx.doi.org/10.1017/s0020589300063284.

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The “revenue rule” is a “well-settled principle of international law that one nation's courts will not enforce the tax claims of another jurisdiction”.1 The US Court of Appeals for the Second Circuit has recently held, however, that using US foreign or interstate telecommunications to devise a scheme to defraud a foreign revenue authority is wire fraud under US law. In United States v. Trapilo2 the Second Circuit reversed the dismissal of indictments against alleged smugglers charged with using telephones and fax machines to effect tax-evasive importation of alcohol into Canada. Under Trapilo,

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Ramos-Mrosovsky, Carlos, Paul M. Levine, James J. East, and Jillian E. Timko. "Case Note: US Court of Appeals for the D.C. Circuit Holds that Spain Does Not Enjoy Sovereign Immunity from Enforcement of Intra-EU ECT Awards." European Investment Law and Arbitration Review 9, Issue 2 (2024): 309–20. https://doi.org/10.54648/eila2024038.

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In its forty-one-page decision, a unanimous three-judge panel of the US Court of Appeals for the D. C. Circuit rejected Spain’s intra-EU objection in the context of both ICSID and New York Convention awards. The D.C. Circuit more specifically held that US District Courts have jurisdiction to enforce intra-EU investor-state awards against EU Member States pursuant to the specific exception to the US Foreign Sovereign Immunities Act (FSIA) applying to actions to enforce an award ‘governed by a treaty or other international agreement in force for the United States calling for the recognition and

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Price, Daniel M. "United States v. Stuart." American Journal of International Law 83, no. 4 (1989): 918–23. http://dx.doi.org/10.2307/2203382.

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In response to a request by Canadian tax authorities under the United States-Canada Double Taxation Convention (Convention), the U.S. Internal Revenue Service (IRS) issued summonses to obtain U.S. bank records concerning certain accounts of respondents, Canadian citizens whose Canadian tax liability was under investigation. Respondents sought to quash the summonses, arguing that because under 26 U.S.C. §7609(b) the IRS is prohibited by U.S. law from using its summons authority to obtain information about a U.S. taxpayer once a case is referred to the Justice Department for prosecution, and bec

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Cohn, Avern, and David Sherwood. "The Rise and Fall of Affirmative Action injury Selection." University of Michigan Journal of Law Reform, no. 32.2 (2025): 323. https://doi.org/10.36646/mjlr.32.2.rise.

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The U.S. District Court for the Eastern District of Michigan has historically experienced difficulty in achieving jury compositions that truly represented the surrounding community. In response, the Authors share their insight as to how the court instituted a "balancing" program. By reducing the number of white names in the jury wheel, the balancing program successfully incorporated more minorities into the jury system. The Authors further discuss the Sixth Circuit decision, United States v. Ovalle, which marked the end of the balancing program.

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Culbert, David. "The Heinrich Hoffmann photo archive: ‘Price vs United States’ (United States Court of Appeals, Fifth Circuit, 20 November, 1995)." Historical Journal of Film, Radio and Television 17, no. 2 (1997): 261–62. http://dx.doi.org/10.1080/01439689700260721.

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Mohamed, Saira. "El-Masri v. United States 479 F.3d 296 4th Circuit Court of Appeals." International Legal Materials 46, no. 3 (2007): 626–41. http://dx.doi.org/10.1017/s0020782900005118.

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Roholt, Kaytlin L. "Give Me Your Tired, Your Poor, Your Pregnant." Texas A&M Law Review 5, no. 3 (2018): 505–35. http://dx.doi.org/10.37419/lr.v5.i3.2.

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Since a majority of Supreme Court justices created the abortion right in 1973, a troubling pattern has emerged: The Supreme Court has come to ignore—and even nullify—longstanding precedent and legal doctrines in the name of preserving and expanding the abortion right. And with a Supreme Court majority that is blithe to manipulate any doctrine or principle—no matter how deeply rooted in U.S. legal tradition—in the name of expansive abortion rights, it should come as no surprise that lower courts are following suit. Most recently, the D.C. Circuit fired up the “ad hoc nullification machine,” but

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