ARTICLE III

Law Journals and Reviews

  The Constitutional Structure of the Courts of the United States Territories:  The Case of American Samoa.  13 UH L. Rev. 379.

  Judicial Review and Sexual Freedom.  30 UH L. Rev. 1.

Case Notes

  Not violated by magistrate's review of motion to dismiss, where district court exercised own judgment.  764 F.2d 690.

  Plaintiff lacked standing under Article III to maintain action regarding U.S. Army's decision to award computer service contract, because plaintiff conceded that plaintiff had no substantial chance of receiving the award.  113 F.3d 1129.

  All parties' motions for summary judgment with respect to L 2009, Act 189, regarding leases of commercial and industrial property, denied; the court does not presently adopt the parties' assumption that, for standing purposes, a dollar loss is the only possible injury.  676 F. Supp. 2d 1036 (2009).

  In an action involving the purchase of an allegedly unsuitable insurance product with an excessive death benefit and premium costs for a trust, defendant, a life insurer, contended that plaintiff, who was neither the policy's owner nor its beneficiary, had not suffered an injury in fact and lacked prudential standing.  However, plaintiff satisfied the Article III injury in fact requirement by alleging injury in the form of payment of $37,000 in order to secure a loan pursuant to the premium financing arranged by defendant, and plaintiff established prudential standing by asserting plaintiff's own legal rights rather than those of the trust.  Also, plaintiff's complaints fell within the scope of the state's unfair and deceptive acts or practices law and the federal Racketeer Influenced and Corrupt Organizations Act.  382 F. Supp. 3d 1031 (2019).

     Section 1.  The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.  The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation which shall not be diminished during their Continuance in Office.

Law Journals and Reviews

  The Price of Precedent:  Anastasoff v. United States.  23 UH L. Rev. 795.

  From Anti-Injunction to Radical Reform:  Proposing a Unifying Approach to Class-Action Adjudication.  31 UH L. Rev. 155.

  Setting Aside Transfers of Property in Foreign Countries:  How Long Is the Reach of the United States Bankruptcy Court?  32 UH L. Rev. 53 (2009).

Case Notes

  Recess appointee to federal bench cannot exercise judicial power of United States.  726 F.2d 1328.

  Not violated by magistrate-conducted voir dire in criminal case without defendant's consent.  760 F.2d 999.

  Rule that jury selection by magistrate without defendant's consent violates Federal Magistrate Act did not apply retroactively to final conviction challenged on collateral review.  944 F.2d 523.

  Defendant has constitutional right to have all stages of a criminal trial conducted by a person with jurisdiction to preside.  42 F.3d 473.

  Congress need not make an Article 3 court available for adjudication of disputes arising out of events occurring within a United States territory.  550 F. Supp. 1227.

  U.S. Sentencing Commission Guidelines Manual was not rendered unconstitutional by Title IV of the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003 (PROTECT Act), Pub. L. No. 108-21.  302 F. Supp. 2d 1170.