Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Maurer School of Law: Indiana University (7)
- University of Michigan Law School (4)
- Florida International University College of Law (3)
- University of Kentucky (3)
- American University Washington College of Law (2)
-
- Seattle University School of Law (2)
- University of Colorado Law School (2)
- University of Pennsylvania Carey Law School (2)
- Boston University School of Law (1)
- Cornell University Law School (1)
- Fordham Law School (1)
- Notre Dame Law School (1)
- The Catholic University of America, Columbus School of Law (1)
- UC Law SF (1)
- UIC School of Law (1)
- University at Buffalo School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Montana (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Washington School of Law (1)
- Washington and Lee University School of Law (1)
- William & Mary Law School (1)
- Keyword
-
- Courts (6)
- United States Supreme Court (3)
- Criminal law (2)
- Criminal procedure (2)
- Federal courts (2)
-
- Judges (2)
- Supreme Court (2)
- Abroad (1)
- Administration of Justice (1)
- Admissibility (1)
- Allstate Insurance Co. v. Hague (1)
- Ambiguity (1)
- American legal history (1)
- Appeals (1)
- Arkansas law (1)
- Arkansas trials (1)
- Article 2 (1)
- Asserting (1)
- Assertion of jurisdiction (1)
- Assurance (1)
- Attorneys (1)
- Biography (1)
- Bliss Dairy (1)
- Bob Jones University v. United States (461 U.S. 574 (1983)) (1)
- Book review (1)
- Boycotts (1)
- Buyers (1)
- California (1)
- Cameras in the courts (1)
- Capacity (1)
- Publication
-
- Articles by Maurer Faculty (6)
- Articles (5)
- Faculty Scholarship (4)
- 1980-1989 (3)
- Faculty Publications (3)
-
- All Faculty Scholarship (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Faculty Articles (2)
- Journal Articles (2)
- Publications (2)
- Cornell Law Faculty Publications (1)
- Faculty Law Review Articles (1)
- Faculty Works (1)
- Popular Media (1)
- Scholarly Articles (1)
- Scholarly Works (1)
- Sheldon Plager (1977-1984) (1)
- Supreme Court Case Files (1)
- UIC Law Open Access Faculty Scholarship (1)
Articles 1 - 30 of 40
Full-Text Articles in Law
Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank
Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Karu Gene White V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0489
Karu Gene White V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0489
1980-1989
No abstract provided.
Is The Supreme Court On The Reagan Team?, Neal Devins
Is The Supreme Court On The Reagan Team?, Neal Devins
Popular Media
No abstract provided.
Gary Wayne Wilson V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0489
Gary Wayne Wilson V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0489
1980-1989
No abstract provided.
Karu Gene White V. Commonwealth Of Kentucky, Appendix 1980-Sc-0489
Karu Gene White V. Commonwealth Of Kentucky, Appendix 1980-Sc-0489
1980-1989
No abstract provided.
Methodological Issues In The Evaluation Of "Experiments" With Cameras In The Courts, Dan Slater, Valerie P. Hans
Methodological Issues In The Evaluation Of "Experiments" With Cameras In The Courts, Dan Slater, Valerie P. Hans
Cornell Law Faculty Publications
Evaluations of "experiments" of extended media coverage of the courts, i.e., cameras in the courts, have relied upon survey research. The authors argue that such evaluations have been inadequate and future evaluations need to compare conventional media coverage vs. extended media coverage using field experimental research designs.
Bush V. Lucas, Lewis F. Powell Jr.
The Rules Enabling Act Of 1934, Stephen B. Burbank
The Rules Enabling Act Of 1934, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Tax Benefit Of Bliss, Alan L. Feld
The Tax Benefit Of Bliss, Alan L. Feld
Faculty Scholarship
In recent years the Supreme Court has limited its substantive decisions in federal income tax matters.I For the most part, the handful of tax cases it has considered each year deal with collection, liens, or other issues peripheral to doctrinal development in the tax area.2 The Court's recent decision in Diedrich v. Commissioner,3 however, dealt with a realization question involving net gifts; and its grant of certiorari consolidating the cases of Bliss Dairy, Inc. v. United States and Hillsboro National Bank v. Commissioner4 promises a continuing interest in substantive tax law. Bliss Dairy will enable the …
The Mandamus Power Of The United States Courts Of Appeals: A Complex And Confused Means Of Appellate Control, Robert S. Berger
The Mandamus Power Of The United States Courts Of Appeals: A Complex And Confused Means Of Appellate Control, Robert S. Berger
Journal Articles
No abstract provided.
International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman
International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Postscript On Precedent In The Divided Fifth Circuit, Thomas E. Baker
A Postscript On Precedent In The Divided Fifth Circuit, Thomas E. Baker
Faculty Publications
Professor Baker analyzes the three courts that resulted from the split of the United States Court of Appeals for the Fifth Circuit in 1981 and how each court treats precedent.
Administrative Law: Judicial Review - Reflections On The Proper Relationship Between Courts And Agencies, 58 Chi.-Kent L. Rev. 215 (1982), Gerald E. Berendt, Walter J. Kendall Iii
Administrative Law: Judicial Review - Reflections On The Proper Relationship Between Courts And Agencies, 58 Chi.-Kent L. Rev. 215 (1982), Gerald E. Berendt, Walter J. Kendall Iii
UIC Law Open Access Faculty Scholarship
No abstract provided.
On Recognizing Variations In State Criminal Procedure, Jerold H. Israel
On Recognizing Variations In State Criminal Procedure, Jerold H. Israel
Articles
Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …
The Social Security Court Proposal: A Critique, J.P. "Sandy" Ogilvy
The Social Security Court Proposal: A Critique, J.P. "Sandy" Ogilvy
Scholarly Articles
Following a brief description of the present system of judicial review of social security decisions, and a look at the proposed Social Security Court alternative, this article examines in some detail the reasons generally suggested as compelling the creation of a specialty court. Next, the article examines the goals and values of judicial review and discusses the Social Security Court concept as a vehicle to achieve these goals and values. Finally, the article suggests several less drastic legislative, administrative and judicial alternatives to a special court.
Constitutional Criminal Procedure, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Faculty Publications
This article discusses decisions of the new Eleventh Circuit and also decisions of the former Fifth Circuit, some of which are binding precedents for the new court. By way of introduction, the title Constitutional Criminal Procedure deserves amplification. Related criminal law topics not within the scope of this article include the following: the substantive law of crimes; non constitutional aspects of the Federal Rules of Evidence; non constitutional aspects of the Federal Rules of Criminal Procedure; procedural aspects of habeas corpus; sentencing; prisoners' rights; and civil rights suits alleging constitutional deprivations.
Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker
Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker
Faculty Publications
No abstract provided.
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, James E. Bond
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, James E. Bond
Faculty Articles
This article is a book review that highlights William O. Douglas’s character and temperament, and suggests these very traits made his legacy on the Court a disappointment. Arguing that Douglas was uncommitted to judicial craft and simply championed cases close to his heart. The article bemoans Douglas’s lack of insight into constitutional adjudication, while noting the volumes anecdotal humor, the article cites the autobiography’s disingenuousness as cause to call it a work of fiction.
The Perils Of Judicial Statesmanship, James E. Bond
The Perils Of Judicial Statesmanship, James E. Bond
Faculty Articles
This article addresses the issue of what is fit for a Supreme Court Justice to do and whether the Court is acting within its constitutional authority. The United States is a democratic republic in which power flows from the people to elected representatives who remain answerable to the people. By contrast, the Justices sit for life and answer to no one. The Court is thus a profoundly antidemocratic institution. When and how the Court ought to exercise its anti-democratic authority is the only enduring important question in American constitutional law.
Book Review, Howard C. Klemme
Court Rulemaking In Washington State, Hugh D. Spitzer
Court Rulemaking In Washington State, Hugh D. Spitzer
Articles
Reviews the history and approach to court rule making in Washington State. Critiques the Washington Supreme Court’s weakening of the Judicial Council and the Court’s assumption of control of aspects of rulemaking that might better be handled by a Judicial Council or the Legislature.
Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein
Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein
Publications
No abstract provided.
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Irma S. Russell, Arthur J. Stanley Jr.
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Irma S. Russell, Arthur J. Stanley Jr.
Faculty Law Review Articles
A history of the Tenth Circuit Court of Appeals, which was created by dividing the Eighth Circuit, the only time geographical boundaries had been altered since the present federal circuit court system was instituted in 1891.
Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts
Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Articles by Maurer Faculty
No abstract provided.
The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan
The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve
In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
An Early Opinion Of An Arkansas Trial Court, Morris S. Arnold
An Early Opinion Of An Arkansas Trial Court, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Faculty Scholarship
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …