Law Commons^™

The Jury: Trial And Error In The American Courtroom, John C. Blattner

Michigan Law Review

A Review of The Jury: Trial and Error in the American Courtroom by Stephen J. Adler

Intramural Reforms: How The U.S. Courts Of Appeals Have Helped Themselves, Thomas E. Baker

Florida State University Law Review

No abstract provided.

Positivism And Antipositivism In Federal Courts Law, Michael Wells

Scholarly Works

What is the proper role of rules in federal courts law? Some scholars associated with the Legal Process assert that rules are unimportant here. They believe that the values of principled adjudication and reasoned elaboration should take precedence over the making and application of rules. The area is, in the jargon of jurisprudence, "antipositivist." Others maintain that rules do, or at any rate should, count heavily in federal courts' decisionmaking. In this Article, I argue that Legal Process scholars are right to spurn formalism in most parts of federal courts law. But the Legal Process model of federal courts law …

Applying The Break: Religion And The Peremptory Challenge, J. Suzanne Bell Chambers

Indiana Law Journal

No abstract provided.

Opening The Door To The Grand Jury: Abandoning Secrecy For Secrecy's Sake, George Edward Dazzo

University of the District of Columbia Law Review

The grand jury in the United States is hailed by its proponents as an indispensable buffer of protection from malicious and unfounded prosecution by the State. Critics, however, liken the investigatory body to a rubber stamp of the prosecutor, analogous to early English grand jurors who were subject to the influences of the Monarch. Criticism of the grand jury often focuses on the grand jury's potential for oppression rather than protection of the individual.' In particular, it is the secrecy of the grand jury that sparks the most debate.'

Unemployment Compensation For Employees Of Educational Institutions: How State Courts Have Created Variations On Federally Mandated Statutory Language, Maribeth Wilt-Seibert

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

Lawrence Baum's American Courts: Process And Policy (Book Review), Lynn M. Mather

Book Reviews

No abstract provided.

Congress And The Courts: Establishing A Constructive Dialogue, Orrin G. Hatch

Mercer Law Review

The topic of federal judicial independence is an amorphous one, and Professor Redish's fine contribution to this symposium provides meaningful shape and structure to this topic. I will leave it largely to the academics to debate the many theoretical questions raised by Professor Redish. At the outset, I would simply like to offer a few observations on the four categories into which Professor Redish subdivides the concept of federal judicial independence.

I agree with Professor Redish that what he labels "institutional" independence, "decisional" independence, and "counter-majoritarian" independence identify those basic respects in which the Constitution guarantees the federal courts protections …

Judicial Power And The Rules Enabling Act, Linda S. Mullenix

Mercer Law Review

Congress undermines and erodes judicial power when it imperially declares and exercises an exclusive right to enact federal procedural rules. Thus, congressional intrusion into federal procedural rulemaking is the most significant contemporary issue of judicial independence. The proper province of procedural rulemaking is no mere pointillist academic quibble, but rather an issue that runs to the core of judicial power. A judiciary that cannot create its own procedural rules is not an independent judiciary Moreover, a judiciary that constitutionally and statutorily is entitled to create its own procedural rules, but must perform that function under a constant cloud of congressional …

The Fragmentation Of Federal Rules, Erwin Chemerinsky, Barry Friedman

Mercer Law Review

In 1938, the Federal Rules of Civil Procedure were adopted. Their adoption represented a triumph of uniformity over localism. The lengthy debate that prefaced the adoption of the rules focused upon the value of a national set of rules, as opposed to the then-governing practice of "conformity," in which local federal practice mirrored that of the state in which the federal courts sat. Although many different arguments were offered in favor of the federal rules, at bottom the rules' proponents carried the day by arguing that procedure ought to be the same across the federal courts and the cases those …

United Mine Workers V. Bagwell: The Civil/Criminal Indirect Contempt Fine Distinction Revisited, Franklin P. Brannen Jr.

Mercer Law Review

United Mine Workers v. Bagwell involves the imposition of indirect contempt fines stemming from a labor dispute in Virginia. In April 1989, respondents Clinchfield Coal and Sea "B" Mining Companies filed suit to enjoin petitioner International Union, United Mine Workers of America from conducting unlawful strike activities. The trial court entered an injunction that prohibited the union and its members from undertaking illegal strike-related activities. In subsequent hearings, the court imposed over $64,000,000 in fines. The trial court required that the companies prove violations of the injunction beyond a reasonable doubt but did not afford the union the right to …

Suggestions For Circuit Court Review Of Local Procedures, Carl Tobias

Washington and Lee Law Review

No abstract provided.

Introduction To Mercer Law Review Symposium On Federal Judicial Independence, L. Ralph Mecham

Mercer Law Review

No abstract provided.

Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder

All Faculty Scholarship

No abstract provided.

Transfer And Choice Of Federal Law: The Appellate Model, Robert A. Ragazzo

Michigan Law Review

In light of recent developments, a reexamination of the position that transferee federal law applies regardless of the context is in order. This article argues that the consensus that existed prior to the Marcus article and the Korean Air Lines case, although not based upon the most thorough analysis, comprises the better view: transferee federal law should apply after permanent but not MDL transfers.

Judicial Decisions And Linguistic Analysis: Is There A Linguist In The Court?, Lawrence Solan

Faculty Scholarship

No abstract provided.

Eye On Justice, Roger J. Miner '56

Legal History

No abstract provided.

The Impoverished Idea Of Circuit-Splitting, Carl W. Tobias

Law Faculty Publications

Senators representing every state in the latest iteration of the projected Twelfth Circuit recently revived the idea by introducing Senate Bill 956, a proposal that closely resembles a measure debated by Congress in 1990. The new bill's sponsors contend that certain factors, principally the Ninth Circuit's substantial size and burgeoning docket, have now made division of the court imperative.

This Article initially describes the origins and development of the proposed legislation. It then assesses the measure and arguments for and against dividing the Ninth Circuit. I find that there is no greater need for bifurcation now than before and that …

Extending The Civil Justice Reform Act Of 1990, Carl W. Tobias

Law Faculty Publications

The passage of the Judicial Amendments act of 1994 postponed several key implementation deadlines prescribed by the Civil Justice Reform Act (CJRA) of 1990. Perhaps most significantly, the new legislation extends for one year the mid-1995 date when the RAND Corporation, which is studying ten pilot districts' experimentation with cost and delay reduction procedures, must submit its conclusions to the Judicial Conference of the United States. Numerous compelling arguments supported congressional postponement of this deadline. Most importantly, the RAND Corporation can now capture much additional data, which are critical to assessing accurately the procedures' effectiveness in decreasing expense and delay, …

Judges And Legislators: Enhancing The Relationship L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Deanell Reece Tacha

American University Law Review

No abstract provided.

Introduction A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Glenn L. Archer, Jr.

American University Law Review

No abstract provided.

Survey Of Government Contract Cases Decided By The United States Court Of Appeals For The Federal Circuit In 1994, A A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court: Area Summaries , David R. Johnson, Diana G. Richard, David A. Levine, James C. Dougherty

American University Law Review

No abstract provided.

Tax Cases Of The Federal Circuit In 1994 A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Janet Spragens

American University Law Review

No abstract provided.

Closer Look At Waters V. Churchill And United States V. National Treasury Employees Union: Constitutional Tensions Between The Government As Employer And The Citizen As Federal Employee, A A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Charles W. Hemingway

American University Law Review

No abstract provided.

New Rules For Old Problems: Defining The Contours Of The Best Mode Requirement In Patent Law A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Roy E. Hofer, L. Ann Fitzgerald

American University Law Review

No abstract provided.

The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy

University of Michigan Journal of Law Reform

This Note discusses the quid pro quo requirement under the Hobbs Act, a federal criminal statute which applies to bribery by public officials. The author first describes two recent decisions by the Supreme Court, McCormick v. United States and Evans v. United States, which established slightly different versions of a quid pro quo requirement in public corruption prosecutions under the Hobbs Act. The author then explains that the lower federal courts interpreting McCormick and Evans have molded the quid pro quo requirement so that a prosecutor must prove in all public corruption cases under the Hobbs Act that the …

Diluting Justice On Appeal?: An Examination Of The Use Of District Court Judges Sitting By Designation On The United States Courts Of Appeals, Richard B. Saphire, Michael E. Solimine

University of Michigan Journal of Law Reform

According to a number of studies and commentators, a serious caseload crisis faces the federal courts. With respect to the federal courts of appeals, some have called for drastic remedial measures. Until Congress responds, the courts of appeals have been forced to adopt a range of coping measures. In this article, Professors Saphire and Solimine examine one of these measures, the utilization of designated district court judges on appellate panels. After discussing the origins and extent of this practice, they identify a number of problems it raises. They argue that extensive and routine utilization of district judges on appellate panels …

A Human Rights Exception To Sovereign Immunity: Some Thoughts On Princz V. Federal Republic Of Germany, Mathias Reimann

Michigan Journal of International Law

Though narrow in scope, this article is emphatic in its message. It is time to deny immunity to foreign sovereigns for torture, genocide, or enslavement, at least when they are sued by Americans in American courts. Such a denial would be consonant with two developments that have marked international law since World War II: the restriction of sovereign immunity and the expansion of human rights protection.

Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann

Michigan Journal of International Law

The scope of this article, like the one to which it responds, is limited. It does not purport to resolve any question relating to the municipal law of the United States, such as the interpretation of the Foreign Sovereign Immunities Act. Instead, it considers the problem from a purely international law perspective. Furthermore, it does not indulge in a complete description of attempts made by the Federal Republic of Germany to pay compensation - as far as feasible - for all the blatant human rights violations committed by Nazi Germany in the period 1933-1945.

Your Honor What I Meant To State Was . . .: A Comparative Analysis Of The Judicial And Evidentiary Admission Doctrines As Applied To Counsel Statements In Pleadings, Open Court, And Memoranda Of Law, Ediberto Román

Faculty Publications

This article analyzes the law regarding party admissions; specifically as applied to statements in pleadings, open court, and memoranda of law. In particular, this article will: (1) provide a detailed description of the two types of admissions counsel make; (2) address courts' treatment of attorneys' admissions in different circumstances; and (3) provide an argument for treating attorneys' admissions in memoranda of law similar to admissions in open court or in pleadings. The goal of this article is to provide a blueprint of the law on admissions, an area of law where all to often counsel pays little attention, and to …