Law Commons^™

Battle For Justice: How The Bork Nomination Shook America, Arthur Austin

BYU Law Review

No abstract provided.

Pushing Aside The General Rule In Order To Raise New Issues On Appeal, Rhett R. Dennerline

Indiana Law Journal

No abstract provided.

Police Discretion: A Comparative Perspective, Gregory H. Williams

Indiana Law Journal

No abstract provided.

Murray V. United States: The Bell Tolls For The Search Warrant Requirement, Craig M. Bradley

Indiana Law Journal

No abstract provided.

Economic Analysis In The Courts: Limits And Constraints, Larry L. Chubb

Indiana Law Journal

No abstract provided.

Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

This Report carries out a review of the historical development of the federal habeas corpus jurisdiction; examines its contemporary character and operation; and discusses relevant policy considerations. The Report concludes that federal habeas corpus as a post-conviction remedy for state prisoners should be abolished or limited as far as possible. The limited reform proposals that were passed by the Senate in 1984 and that are currently before Congress as Title II of the proposed Criminal Justice Reform Act provide the best immediate prospect for improvement.

The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

In McNabb v. United States, the Supreme Court claimed- for the first time in its history-the prerogative of "establishing and maintaining civilized standards of procedure and evidence" in the exercise of "supervisory authority over the administration of criminal justice in the federal courts." Since then, the Court has used this self-declared oversight power on numerous occasions and for a wide variety of purposes, but it has never adequately explained either the provenance or the scope of this type of judicial authority. Lower federal courts have followed suit, on the largely unexamined assumption that they too are endowed with supervisory …

Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

This Report, the eighth in the Truth in Criminal Justice series, assesses the rules relating to the evidentiary consideration of the defendant's silence. Its general conclusion is that the existing restrictive rules in this area are unjustified impediments to the search for truth. The notion that the fifth amendment's prohibition of compelling a person in a criminal case to be a witness against himself bars drawing adverse inferences from the defendant's silence is not well-founded. In practical effect, these rules impede the conviction of the guilty by barring consideration of an aspect of the defendant's conduct-his failure to respond to …

What Process Is Due? Courts And Science-Policy Disputes, Gregory B. Heller

Michigan Law Review

A Review of What Process is Due? Courts and Science-Policy Disputes by David M. O'Brien

Ultra-Wrong About The "Ultra-Right", Terry Eastland

Michigan Law Review

A Review of Packing the Courts: The Conservative Campaign to Rewrite the Constitution by Herman Schwartz

Judicial Review And American Democracy, Stanley S. Sokul

Michigan Law Review

A Review of Judicial Review and American Democracy by Albert P. Melone and George Mace

Outlaw Blues, Suzanna Sherry

Michigan Law Review

A Review of Red, White, and Blue: A Critical Analysis of Constitutional Law by Mark Tushnet

Chadha, Abner J. Mikva

Michigan Law Review

A Review of Chadha by Barbara Hinkson Craig

Siskel And Ebert At The Supreme Court, Thomas E. Baker

Michigan Law Review

A Review of Redefining the Supreme Court's Role: A Theory of Managing the Federal Judicial Process by Samuel Estreicher and John Sexton

Nonpublication In The Eleventh Circuit: An Empirical Analysis, Donald R. Songer, Danna Smith, Reginald S. Sheehan

Florida State University Law Review

This Article examines the criteria used by the Eleventh Circuit Court of Appeals in determining whether or not a judicial opinion should be published. Through an empirical study and analysis, the authors conclude that the written rule governing publication offers little guidance to the judges and is often applied inconsistently within the circuit.

The Use Of History In Canadian Constitutional Adjudication, Frederick Vaughan

Dalhousie Law Journal

It is only in recent years that the use by judges of extrinsic materials has become an issue openly discussed in Canadian legal periodicals. Chief Justice Brian Dickson virtually occasioned a debate on the question in a public address in 1979. The Chief Justice said: ". . . the Supreme Court of Canada recently signalled an increasing receptiveness to the use of extrinsic materials in the Anti-Inflation Reference. Accordingly, I expect that we will see an increasing use by appellate courts of extrinsic evidence". Dickson gave the impression that extrinsic material was not widely used by Canadian courts prior to …

Equitable Damages In Nova Scotia, Peter M. Mcdermott

Dalhousie Law Journal

Section 2 of the Chancery Amendment Act 1858 (Lord Cairns' Act) conferred jurisdiction upon the Court of Chancery to award damages, in certain instances, either in addition to or in substitution for an injunction or specific performance. Lord Cairns'Act was based upon the report of the Chancery Commissioners who recommended that courts of equity should be empowered to award damages in a suit for an injunction, or for the specific performance of a contract. It may have been thought that the raison d'tre of Lord Cairns' Act would have ceased upon the commencement of the Judicature Act 1873. However, Lord …

The Myth Of The Disposable Opinion: Unpublished Opinions And Government Litigants In The United States Courts Of Appeals, Lauren K. Robel

Michigan Law Review

This article discusses the courts' adoption of the limited publication plans and analyzes the methods used by the courts to discourage the use of unpublished opinions. It also discusses the results of a survey conducted to determine if, and how, government litigants - some of the chief unanticipated beneficiaries of the publication plans make use of unpublished opinions. Finally, it challenges the assumption that limited publication is essential in an age of caseload crisis.

Supreme Court Voting Behavior: 1987 Term, Robert E. Riggs, Michael R. Moss

Brigham Young University Journal of Public Law

No abstract provided.

Inconsistent Standards Of Substantive Due Process In Economic Regulations: A Result Of The Federalist System Of Government, Keith L. Hendricks

Brigham Young University Journal of Public Law

No abstract provided.

The Fourth Circuit Review

Washington and Lee Law Review

No abstract provided.

Regulating Judicial Misconduct And Divining "Good Behavior" For Federal Judges, Harry T. Edwards

Michigan Law Review

In recent years, we have witnessed an unprecedented number of instances in which federal judges have been accused of criminal behavior and other serious acts of misconduct. This raises major concerns regarding the scope and enforcement of canons of conduct for members of the judicial branch. It would be presumptuous for anyone to suggest a complete understanding of the notion of "good behavior" for federal judges, or to claim a fully satisfactory prescription for the problem of "judicial misconduct." That is not my object. In reflecting on these issues, however, I have come to realize that I may not share …

Changes In The Publication Of I.C.J. Reports: Effects Of These Suggestions On Teaching International Law, Ignaz Seidl-Hohenveldern

Michigan Journal of International Law

In August, 1986, the Joint Inspection Unit ("J.I.U.") transmitted to the Secretary General of the United Nations a report on the Publications of the International Court of Justice. The report stressed the desirability of extending the U.N. language regime to the publications of the International Court of Justice. Hitherto, the Judgments and Advisory Opinions of the I.C.J. have been published in English and French only. The texts in these two languages are published in juxtaposition (en regard). The J.I.U. report proposes to publish in the future only a limited number of copies in this way "for the use …

The Role Of The Courts In Providing Legal Services: A Proposal To Provide Legal Access For The Poor, Talbot D'Alemberte

Florida State University Law Review

In a legal system as complex as America's, representation by counsel is often necessary for an individual to fully enjoy the right of access to the courts. Yet the high cost of legal representation, necessary for the protection of legal rights and for the just administration of the legal system, often places such representation beyond the reach of the poor. In this Introduction to the Petition that follows, Talbot (Sandy) D'Alemberte outlines the basis of the right to access to the judicial system and suggests a procedure by which this right can be effectively realized.

Lawyer Turf And Lawyer Regulation—The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile

Indiana Law Journal

No abstract provided.

Aliens' Right To Seek Asylum: The Attorney General's Power To Exclude "Security Threats" And The Role Of The Courts, Mary S. Miller

Vanderbilt Journal of Transnational Law

The United States Court of Appeals for the Second Circuit is the only circuit court to analyze the relationship between section 235(c) and section 243(h), as amended by the Refugee Act. In "Azzouka v. Sava," the court resolved the apparent conflict between the two acts by holding that if the Attorney General determines that an alien is a security threat, that alien may be excluded without a hearing before an immigration judge despite the fact that the alien has requested political asylum."

This Note examines the interrelationship between sections 235(c) and 243(h) by analyzing the legislative, judicial, and administrative interpretations …

Dralle V. Ruder: Did The Decision Close The Book On Recovery For Society And Companionship In Illinois Or Just Turn The Page, 22 J. Marshall L. Rev. 721 (1989), Frank I. Powers

UIC Law Review

No abstract provided.

On Human Rights: The Use Of Human Right Precepts In U.S. History And The Right To An Effective Remedy In Domestic Courts, Jordan J. Paust

Michigan Journal of International Law

Early in the history of the United States, human rights, then often termed the "rights of man," were understood to be those natural, unalienable rights of all persons that no government on earth could deny - rights that are a part of law, whether written or unwritten, and that free and democratic governments are formed to further and to protect. As Alexander Hamilton recognized in 1775, "the sacred rights of mankind... are written, as with a sunbeam, in the whole volume of human nature… and can never be erased or obscured by mortal power." Yet, as Hamilton must have known, …

Political Questions In International Trade: Judicial Review Of Section 301?, Erwin P. Eichmann, Gary N. Horlick

Michigan Journal of International Law

Section 301 of the Trade Act of 1974 ("Section 301") has become an increasingly potent and widely-used tool in the U.S. arsenal of trade policy measures. The past few years have seen a proliferation of Section 301 cases, affecting the trade of goods and services in Europe, Asia, and Latin America. Even so, in the debate over the Omnibus Trade and Competitiveness Act of 1988 ("Omnibus Trade Act"), Congress expressed impatience with the President's discretion in not undertaking more Section 301 retaliations. But while much attention has focused on the politics and policy aspects of Section 301, little has been …