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Articles 1 - 21 of 21
Full-Text Articles in Law
Law Reform And Legal Education, Robert E. Keeton
Law Reform And Legal Education, Robert E. Keeton
Vanderbilt Law Review
Painfully slow as the mills of law reform grind, they have moved faster in our generation than in most. This appraisal may seem overly generous to our own day when we reflect on the difficulties and delays encountered in achieving some particular reform. But if we measure progress in another way--comparing what has happened in the last dozen years with what happened in other time periods of similar length--differences emerge. The most easily documented difference concerns the performance of appellate courts of last resort in reforming private law by candidly overruling precedents. In the last dozen years, there have been …
Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review
Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review
Michigan Law Review
This Comment is focused upon the errors that may result from the confusion surrounding the question of jurisdictional limitations. It is suggested that such confusion is the natural result of the prevailing concern of courts with the extreme limits of permissible jurisdiction, and that this confusion has so clouded the basic issues that erroneous results have been reached in more routine cases that do not even approach those limits-the "easy" cases. Cases decided in the past few years indicate that these erroneous results occur most often in three areas. Following a brief examination of the body of law and theory …
Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick
Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick
Michigan Law Review
A registrant may obtain judicial review of Selective Service action in any of three possible ways. If he submits to induction into the Armed Forces, the registrant may challenge the validity of his induction order by petitioning for habeas corpus. If the registrant refuses to submit to induction, and is subsequently indicted for that refusal, he may defend the criminal prosecution on the ground that the order for his induction was unlawful. In addition to these two well-settled methods of obtaining postinduction judicial review, the registrant may have a third alternative. In certain circumstances, he may be able to secure …
Wright & Miller: Federal Practice And Procedure, Civil Procedure, William H. Becker, W. Brown Morton Jr.
Wright & Miller: Federal Practice And Procedure, Civil Procedure, William H. Becker, W. Brown Morton Jr.
Michigan Law Review
A Review of Federal Practice and Procedure, Civil Procedure Vol. 4 & 5 by Charles Alan Wright and Arthur R. Miller
The American Bar Association And The Supreme Court—Old Wine In A New Bottle?, Manly Fleischmann, Ronald H. Jensen
The American Bar Association And The Supreme Court—Old Wine In A New Bottle?, Manly Fleischmann, Ronald H. Jensen
Buffalo Law Review
No abstract provided.
Judicial Review--Professional Association--Inquiry Into Exclusion From Membership, Charles Blaine Myers Jr.
Judicial Review--Professional Association--Inquiry Into Exclusion From Membership, Charles Blaine Myers Jr.
West Virginia Law Review
No abstract provided.
Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick
Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick
Indiana Law Journal
No abstract provided.
The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin
The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin
Indiana Law Journal
In the Comment which follows Professor Baldwin presents a brief for an extremely creative Supreme Court. In contrast to those who suggest limiting the function of the Court, either by subject matter or by judicial restraint, the author would have it protect the compact upon which the community is based, by taking an active role to insure that the compensation implied in the compact flows in fact not only to the community but to the individual.
Civil Procedure—Filing Fees—Indigents: Washington Courts Have Inherent Power To Waive Filing Fees For Indigents In Civil Actions.—O'Connor V. Matzdorff, 76 Wash. Dec. 2d 759, 458 P.2d 154 (1969), Anon
Washington Law Review
Mrs. Glennie O'Connor's sole source of support for herself and five children was a $325 monthly grant from the Washington State Department of Public Assistance. Through her attorney she tendered a complaint for replevin and damages in the amount of $215.50 to the judge and clerk of the Yakima Justice Court, and filed a motion and affidavit for leave to proceed in forma pauperis. The judge and his clerk refused to accept the complaint and issue notice of suit to the named defendants on the grounds that she had not paid the statutorily prescribed court fees of $3.50. Mrs. O'Connor …
Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia
Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia
Michigan Law Review
The purpose of the present Article is not to propose yet another route toward logical reconciliation of the sovereign-immunity cases; but, on the contrary, to urge general acceptance of the fact that such reconciliation is, and will probably remain, unattainable; to explain why this is so; and to suggest why it is not so bad. This modest goal will be attempted through a detailed examination of two recent Supreme Court cases and their most pertinent antecedents.
Federal Courts--No Jurisdiction Under Johnson Act When Plain, Speedy, And Efficient Remedy May Be Had In State Courts
West Virginia Law Review
No abstract provided.
Federal Courts--Appointment Of Non-Resident As Administratrix To Obtain Diversity Jurisdiction
Federal Courts--Appointment Of Non-Resident As Administratrix To Obtain Diversity Jurisdiction
West Virginia Law Review
No abstract provided.
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony A. D'Amato
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony A. D'Amato
University of Michigan Journal of Law Reform
One of the most singular pieces of legislation in American constitutional history passed both houses of the Massachusetts legislature on April 1st, 1970, and was signed into law on the following day by Governor Francis W. Sargent. It provides that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article 1, Section 8, clause 11 of the United States Constitution. The bill further directs the state's attorney general to bring a suit testing …
The Language Of Involuntary Mental Hospitalization: A Study In Sound And Fury, Steven H. Levinson
The Language Of Involuntary Mental Hospitalization: A Study In Sound And Fury, Steven H. Levinson
University of Michigan Journal of Law Reform
Involuntary civil commitment is the business of hospitalizing and treating, without their consent, persons whom a court, with the aid of professional diagnosticians, determines to be psychologically disturbed or mentally ill. The purpose of the present study will be to demonstrate that the medical diagnoses of mental illness which justify involuntary civil commitment are achieved on the basis of at least unreliable and at worst invalid sets of diagnostic categories and assessments. For the purpose of determining the reliability of these diagnostic findings, the author selected a representative sample of the involuntary mental hospitalization proceedings of the Wayne County Probate …
Recent Decisions
University of Richmond Law Review
This is a summary of the case law that was decided in 1970.
The Application Of The Substitution Of Judgment Doctrine In Planning An Incompetent's Estate, Michael P. Kane
The Application Of The Substitution Of Judgment Doctrine In Planning An Incompetent's Estate, Michael P. Kane
Villanova Law Review
No abstract provided.
The Pretrial Proceeding With Special Reference To The Kentucky Court Of Inquiry, Kenneth E. Vanlandingham
The Pretrial Proceeding With Special Reference To The Kentucky Court Of Inquiry, Kenneth E. Vanlandingham
Kentucky Law Journal
No abstract provided.
The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen
The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen
Michigan Law Review
Some of those who have studied the question of the appropriate standard of proof in juvenile proceedings have determined that the "preponderance of the evidence" standard-the standard applied in civil cases-is sufficient, and that the criminal standard should not be applied in such cases. Others have suggested that the standard-of proof question is unimportant since the particular standard which is required will seldom, if ever, make a difference to the outcome of a case. The first of these views is the subject to which the bulk of this Article is addressed; the second can be rebutted by the observation that …
Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton
Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton
Michigan Law Review
The purpose of this Article is to generate support for three legislative proposals that will rectify the problems exemplified by the Gnotta case and hosts of other cases: (1) The elimination of the doctrine of sovereign immunity as a barrier to judicial review of federal administrative action; (2) a modest expansion of the subject matter jurisdiction of United States district courts to accommodate such review and, in addition, to provide a remedy against the United States for the resolution of property disputes; and (3) the total elimination of the remaining technicalities concerning the identification, naming, capacity, and joinder of parties …
American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli
American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli
Michigan Law Review
A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Trial by Jury (Approved Draft). Recommended by the Advisory Committee on the Criminal Trial