Law Commons^™

Prison Reform In The Federal Courts, Rebecca P. Dick

Buffalo Law Review

No abstract provided.

Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks

Cornell Law Faculty Publications

The rules of evidence have evolved, in the main, to protect the jury from being misled, prejudiced or confused by certain types of evidence which might be presented to it. The rules attempt to achieve this purpose by utilizing a number of techniques, which were fashioned by common law judges. First, evidence which gives rise to these dangers might be excluded from the jury's consideration altogether. Secondly, such evidence might have to be corroborated by other evidence before the jury is permitted to reach a verdict in the case. Thirdly, the judge might be compelled to instruct the jury that …

Book Reviews, Daniel H. Benson, Maxwell Bloomfield, Donald E. Schwartz

Vanderbilt Law Review

THEY CALL IT JUSTICE: COMMAND INFLUENCE AND THE COURT-MARTIAL SYSTEM. By Luther C. West. New York: The Viking Press, 1977. Pp.xii, 302. $12.95.

Reviewed by Daniel H. Benson

In his book West is dealing with a subject that is difficult to discuss without generating hostility, misunderstanding, and, occasionally, incredulity. He is attacking the classic military understanding of the basic purpose of the court-martial system. He asks the reader to accept his word and assurances concerning the accuracy of the problems he describes, over the assurances of the military justice establishment that all is well. In doing all of this, West …

Civil Rights Litigation: An Investigation, Preparation & Trial Manual, P. Kent Spriggs

Florida State University Law Review

By Andrew J. Ruzicho.1 Cincinnati: Anderson Publishing Co., 1976. Pp. xvii, 372. $35.00.

Practice And Procedure, R. Neal Batson, Ben F. Johnson Iii

Mercer Law Review

This article opened last year with a discussion of McGovern v. American Airlines, Inc. and the principle that it is the plaintiff's burden to allege and invoke federal jurisdiction. McGovern was undercut somewhat by the 1976 case of Skidmore v. Syntex Laboratories, Inc. Indeed, one dissenting judge argued that the Fifth Circuit was permitting jurisdiction even though the plaintiff had failed to make even a prima facie showing of essential jurisdictional facts. The plaintiff, a Texas citizen, brought a products-liability diversity action against one Delaware corporation and one Panamanian corporation. The plaintiff, even after substantial discovery, was unable to demonstrate …

Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White

Articles

A proponent of commercial law codification, Mr. Eaton was one of the first American lawyers to perceive that mere codification of the law did not necessarily produce certainty and lack of discord in the law of commercial transactions. Indeed, in the same article Eaton reveals that of the 1,091 cases that had arisen under the Negotiable Instruments Law, only 704 cited the Act and in the other 387 "the Negotiable Instruments Law [was] ignored by the courts in the decisions, and (so far as the reports show) by the counsel in these cases...." Unlike Bentham, Carter, and Field, each of …

The Contingent Compensation Of Expert Witnesses In Civil Litigation, Reed E. Shaper

Indiana Law Journal

No abstract provided.

Expert Witnesses And The Federal Rules Of Evidence, James W. Mcelhaney

Mercer Law Review

Brainerd Currie was already a legend when he came to Duke from the University of Chicago. I was a third-year law student then and took his course in Conflicts in the spring of 1962—a dazzling intellectual display centered around the hard practicalities of complex litigation. But Currie was more than just a great teacher and scholar. Too busy to take a vacation ("How can you talk about taking a trip to Europe, McElhaney? I'm too busy to go to Europe, and you're going to be practicing. "), he had time to talk with us after class; to drink a cup …

The Future Of Evidence Law: Or, Some Prophecies About Proof, John W. Reed

Other Publications

I am honored to participate in this seminar that is part of the celebration surrounding the dedication of Colorado's new State Judicial Building. But that feeling of honor is tempered by an awareness of the responsibility and perils of the role I have been asked to play. With the assignment, "The Future of Evidence Law," I have been asked to play the prophet, to be a seer of sorts, and to suggest what rules and principles will govern proof at trials at some date in the future. Exactly what date was not specified in the invitation-a decade, perhaps? A generation? …

Preparation And Presentation Of The Oral Argument In A Court Of Review, 13 New Eng. L. Rev. 265 (1977), Michael Closen, Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.

Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Defendant's View, Burnett Miller Iii

University of Richmond Law Review

There can be little doubt that since the late 1960's the status and conditions of our prisons have become a public issue. It can probably be said without citation that as a general proposition most states have found their prisons in a state of need. Our prisons have for many years been economically neglected in the wake of more publicly acceptable priorities. The philosophy seemed to be that prisoners were criminals that should be put away, and their lot was of their own making. There would then, of course, always be more pressing and socially acceptable purposes for which to …

Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller

Publications

No abstract provided.

The Effect Of Representation In Nonadversary Proceedings -- A Study Of Three Disability Programs, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Victims' Rights Litigation: A Wave Of The Future?, Frank Carrington, Fred E. Inbau

University of Richmond Law Review

American Jurisprudence 2d quite properly claims to be one of the most, if not the most, comprehensive legal encyclopedia in this country. Any attorney who has had the opportunity to peruse this work would be forced to agree. It is, therefore, an interesting and unfortunate commentary upon the state of law in our society that of the thousands of topics covered in this monumental compendium of knowledge, none deals with the victims of crime.

Litigation Against A State Trader- A No-Win Contest, Jon Magnusson

University of Richmond Law Review

A litigant who sues a state trading corporation for eight years through two trials, four appeals, and three certiorari denials, and then finally wins a judgment for $411,203.72, but is unable to collect on his judgment, might feel a little discouraged about the fairness of a principle of law that denies him a right to recovery. The principle is "sovereign immunity;" a sovereign state and its property, without its consent, are immune from the adjudicative processes of the courts in another sovereign state. In traditional international law, it does not matter what kind of activity the state is engaged in; …

Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Plaintiff's View, John D. Grad, Philip J. Hirschkop

University of Richmond Law Review

During the years of the Warren Court, much social progress was achieved in this country through litigation. In the areas of civil liberties and civil rights this was chiefly done through affirmative law suits brought in federal court under the Civil Rights Act of 1870. While this Act was not widely used in its first ninety years, its development in the last two decades has been remarkable. Suits under the Constitution and this Act have brought dramatic change in the fields of civil rights and civil liberties.

A Review Of Prisoners' Rights Litigation Under 42 U .S.C . §1983, Scott D. Anderson, Theodore I. Brenner, Vera Duke, James E. Gray, Ronald M. Maupin

University of Richmond Law Review

Before the mid-1960's, the federal courts frequently invoked the "hands-off" doctrine, a rule of deference to state correctional administrators, when petitioned by inmates to review conditions in state jails and prisons. When applied, the doctrine essentially held that a state prisoner's grievance was beyond the scope of authority or competence ofthe federal judiciary. With an increasing realization during the late 1960's and early 1970's that federal court intervention into state prison matters would be necessary, the 42 U.S.C. § 19831 civil rights complaint became the leading tool for effecting change in the area of prisoners rights. In order to gain …

Classroom Litigation In The First Semester Of Law School -- An Approach To Teaching Legal Method At Harvard, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Evidence Problems In Criminal Cases, John W. Reed

Book Chapters

The Federal Rules of Evidence, enacted by Congress, became effective on July 1, 1975. Ten states have adopted state versions of the Federal Rules to govern trials in their courts, and about half the remaining states are considering whether to follow suit. Michigan is one of these latter states. Early in 1977 a committee appointed by the Supreme Court of Michigan proposed rules of evidence for Michigan closely patterned on the Federal Rules, and, if all goes well, the Court will promulgate rules for the Michigan courts to become effective in 1977 or soon thereafter. Michigan lawyers should be aware …

Foreword: Brewer V. Williams--A Hard Look At A Discomfiting Record, Yale Kamisar

Articles

In recent decades, few matters have split the Supreme Court, troubled the legal profession, and agitated the public as much as the police interrogation-confession cases. The recent case of Brewer v. Williams3 is as provocative as any, because the Supreme Court there revdrsed the defendant's conviction for the "savage murder of a small child" even though no Justice denied his guilt,4 he was warned of his rights no fewer than five times, 5 and any "interrogation" that might have occurred seemed quite mild.6