Digital Commons Network^™

The Federalism Pendulum, Ronald J. Bacigal

Law Faculty Publications

Following Franklin's example, this essay takes a protracted view of the federalization of criminal procedure. It is important to review how the federalism pendulum has swung over the years to reflect concepts of what the Constitution was meant to mean, what it has come to mean, and what it ought to mean.

Warren Burger And The Administration Of Justice, Carl W. Tobias

Law Faculty Publications

Professor Tobias examines the career of Chief Justice of the United States Warren E. Burger, emphasizing his "enormous contribution to improving the administration of Justice in the United States."

Getting It Right: Uncertainty And Error In The New Disparate Treatment Paradigm, Henry L. Chambers, Jr.

Law Faculty Publications

This Article will explore whether the Court is getting it right or merely getting it done in the disparate treatment context. Part II of this Article will present the contradictory forces underlying getting it done and getting it right in the civil justice system in general, and in employment discrimination litigation in particular. Part III will explore the orthodoxy of disparate treatment law as it stands after Hicks. Part IV will examine the effect of abandoning the paradigm that proof of falsity is proof of intentional discrimination. Part V will offer suggestions on what the Court can do to make …

The National Conference On Legal Information Issues: Selected Essays, Timothy L. Coggins

Law Faculty Publications

During the past decade, information technology developments have the dissemination and use of legal and legal-related In 1995, the American Association of Law Libraries, a organization with more than 5,000 members, convened the first "National Conference on Legal Information Issues" in conjunction with its eighty-eighth meeting. National Conference provided a forum for members of the legal and information communities to discuss the challenging problems and issues arising from the dynamic technological changes that have impacted the creation, dissemination and use of legal information. The National Conference assembled more than 2,500 librarians, law faculty and deans, judges court administrators, practicing attorneys …

New Certiorari And A National Study Of The Appeals Courts, Carl W. Tobias

Law Faculty Publications

Elitism, Expediency, and the New Certiorari: Requiem for the Learned Hand Tradition is a thought-provoking critique of the United States Courts of Appeals. Professors William Richman and William Reynolds maintain that dramatic increases in appellate filings have transformed the appeals courts during the last quarter-century, prompting systemic constriction of procedural opportunities, particularly for parties with few resources or little power. The authors find these changes profoundly troubling and propose that Congress radically expand the number of appellate judges.

Individuals and institutions, such as expert study committees, which have analyzed the federal courts, agree with much of the authors' descriptive assessment. …