Law Commons^™

Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56

Constitutional Law

No abstract provided.

Rock V. Arkansas, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

California V. Rooney, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Judicial Notice: An Essay Concerning Human Misunderstanding, E. F. Roberts

Cornell Law Faculty Publications

Articles limning the law pertaining to judicial notice are legion, and the footnotes which have been cite checked by generations of law review editors must number in the thousands. These articles assume that reason, properly employed, produces correct answers. They assume that disagreements can be resolved by reason, because it is self-evident that any problem, once identified, can be solved. Reflected here are the presuppositions of lawyers brought up in the Western legal tradition.

What if one were to doubt that reason necessarily governed the behavior of lawyers? What if one doubted as well that all problems were susceptible to …

The Cost Of Acceptability: Blue Buses, Agent Orange, And Aversion To Statistical Evidence, Neil B. Cohen

Faculty Scholarship

No abstract provided.

The Conduct Of Voir Dire: A Psychological Analysis, Valerie P. Hans

Cornell Law Faculty Publications

The voir dire process in jury selection, in which the prospective jurors are questioned about their possible biases in the case, has come under increasing scrutiny in recent years. This article discusses psychological research and its implications for the conduct of the voir dire. The research indicates that individual, sequestered, open-ended questioning on issues directly relevant to the trial is the superior method for uncovering bias in prospective jurors. Furthermore, adversary attorneys appear to have a modest edge over judges in the detection of prejudice. The author notes that these findings must be balanced against other interests served by the …

Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine

Articles

Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …

The Duty To Criticize The Courts (Ii), Roger J. Miner '56

Judges

No abstract provided.

Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Thinking About Federal Jurisdiction — Of Serpents And Swallows, Thomas E. Baker

Faculty Publications

In this essay, Professor Baker assumes that the decision to get into or stay in federal court has been made, for whatever reason. His concentration is focused on providing a checklist of some of the typical challenges to jurisdiction and to highlight some uncommon responses. Organizationally, he first considers general issues which apply to all cases, and then considers separately some issues in diversity cases and in federal question cases.

Backgrounder: The Civil Cases. Four Representative Decisions Of The California Supreme Court, Phillip E. Johnson

California Agencies

No abstract provided.

"The Court On Trial:" An Analysis Of Phillip Johnson's Attack On The California Supreme Court, Independent Citizens' Committee To Keep Politics Out Of The Court

California Agencies

On November 4, California voters will decide whether to retain Chief Justice Rose Bird and Associate Justices Joseph Grodin and Cruz Reynoso on the Supreme Court of California.1 This election is extraordinarily important because, for the first time in the history of California judicial retention elections, several Justices are being vigorously opposed in a multi-million dollar partisan campaign. The campaign against the Justices has been conducted by conservative organizations through direct mail and advertisements in newspapers, radio and television. Although we are used to this in ordinary politics, it is a I cause for great concern in a judicial election. …

Backgrounder: The Biltmore Debate. Should The Justices Be Retained?, The Supreme Court Project

California Agencies

No abstract provided.

Review Of J. Lieberman Ed., The Role Of Courts In American Society: The Final Report Of The Council On The Role Of Courts, Doug Rendleman

Scholarly Articles

None available

Farewell To The Sea Of Doubt: Jettisoning The Constitutional Sherman Act, Thomas C. Arthur

Faculty Articles

This Article proceeds as follows. Part I examines the legislative history of the Sherman Act to discover the policy choices actually made by the 1890 Congress. Part II sketches the development, operation and social costs of the conventional "constitutional" approach which now dominates section 1 adjudication. This Part demonstrates how the Supreme Court's failure to establish a workable methodology for resolving hard cases in the first Sherman Act decisions enabled it later to create the myth that the 1890 Congress made no hard policy choices. It then shows that the lack of a recognized statutory standard inevitably leads to doctrinal …

1985 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck

Faculty Publications

The purpose of this survey is to note important caselaw developments in the state and lower federal courts concerning religious liberty during 1985. Purposely omitted are the widely reported United State Supreme Court opinions, as well as cases where the high court has granted review during its 1985-86 term. The focus here is to collect significant cases that may otherwise escape broad attention. Only the facts and rationale of each court's decision is recorded. No editorial comment on the merits of these cases is intended.

The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert

Articles

My focus today will be on the twelve-person unanimous jury and on the contrasts between such juries and six-person juries or twelve-person juries than can return verdicts by ten-two or nine-three votes. Until about fifteen years ago, it appeared that the sixth and seventh amendments required all federal juries to have twelve members who reached unanimous verdicts, and it appeared possible that the Supreme Court would force the states to conform to the federal standards. Instead, the court did almost the opposite. It sanctioned juries as small as size six in state criminal cases and federal civil cases, and it …

Religious Freedom During The 1985–1986 Supreme Court Term: Adrift On Troubled Waters, Robert A. Destro

Scholarly Articles

The 1985-86 Term of the Supreme Court was characterized by continuing deep divisions within the Court regarding the nature of religious freedom, the role of religion in society, and the constitutional approach which should be adopted for cases raising religious freedom issues. In all, the Court decided five major religious freedom cases with full opinions, granted review in two cases, and denied review in at least thirty-three others. In addition, three other cases decided on the merits which did not specifically involve religious freedom did include discussion of important questions concerning the relationship of law and religion. In the summary …

Federal Courts At The Crossroads, Roger J. Miner '56

Bar Associations

No abstract provided.

Research In Judicial Administration: A Judge's Perspective, Conference On Judicial Administration Research, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

"Phoenix Rising" And Federalism Analysis, David Skover

Faculty Articles

The reaction to the Supreme Court's ruling in Garcia v. San Antonio Metropolitan Transit Authority leaves the decided impression that Garcia is a case of some importance, a milestone in the evolution of the constitutional doctrine of federalism. Whether Garcia will mark a radical shift in the jurisprudence of federalism, with major practical ramifications in the balance of federal and state economic regulatory powers, or whether the case is destined for a quick and unceremonious overruling is a question of some moment. This article evaluates the probable significance of Garcia for the development of the constitutional doctrine of federalism.

The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis

Law Faculty Articles and Essays

A dispute burns across the landscape of French constitutional law regarding the juridical nature of the French constitutional "Supreme Court", the Conseil constitutionnel: is it a court? Both French and American scholars have claimed that, despite superficial similarities between the U.S. Supreme Court and the French Conseil constitutionnel, the American system of judicial review "can have no counterpart in the French system", that French legal and political theory is inconstistent with an effective supreme court, that there is "no possibility" that the French and American systems could surmount this "major difference", and that the Conseil is simply not a "true …

Idaho's Court Of Appeals - The First Four Years: A Portrait In Numbers, Donald L. Burnett Jr.

Articles

No abstract provided.

Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel

Articles by Maurer Faculty

This Article highlights the more notable labor and employment law decisions by the Supreme Court since the beginning of 1984.' Although the Court worked no major changes,2 it has been "tinkering and tailoring,"3 deferring to administrative interpretation or refining its own analysis from previous opinions. Even so, the Court has acted in important areas, and its decisions raise significant questions.

The Uncertainty Principle In The Supreme Court, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Review Of Virginia Lawyers Practice Handbook: Appellate Practice: Virginia And Federal Courts, William Hamilton Bryson

Law Faculty Publications

A book review on Virginia Lawyers Practice Handbook: Appellate Practice: Virginia and Federal Courts by the Committee on Continuing Legal Education of the Virginia Law Foundation.

The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley

Scholarly Works

The Supplementary Convention to the Extradition Treaty between the Government of the United States of American and the Government of the United Kingdom of Great Britain and Northern Ireland, was signed on June 25, 1985, and transmitted to the U.S. Senate on July 17, 1985. This article will focus on the portion of the supplementary treaty which effectively eliminates the political offense exception, and on the statement made by the Legal Adviser to the Department of State, the honorable Judge Abraham D. Sofaer, made in favor of the Supplementary Treaty, on August 1, 1985. This article suggests that approval of …

Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley

Scholarly Works

Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests that …