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Articles 1 - 30 of 33
Full-Text Articles in Law
Mr. Justice And Mrs. Black: The Memoirs Of Hugo L. Black And Elizabeth Black, Daniel J. Meador
Mr. Justice And Mrs. Black: The Memoirs Of Hugo L. Black And Elizabeth Black, Daniel J. Meador
Vanderbilt Law Review
In addition to foreshadowing Supreme Court decisions that followed his death, some of Justice Black's dissents noted in this book, though not yet adopted by a Supreme Court majority, have played a role in lower court decisions. His dissent in Tinker v. Des Moines Community School District expressed the idea that the disruptive activities of high school students are not protected by the first amendment. This view subsequently was reflected in a Ninth Circuit decision, and his Tinker opinion has been favorably cited in other lower court opinions." Justice Black's comments during oral argument in Swann v. Board of Education …
Almost An Age Of Justice, Steve Gey
Almost An Age Of Justice, Steve Gey
Florida State University Law Review
THE UNPUBLISHED OPINIONS OF THE WARREN COURT. By Bernard Schwartz. New York: Oxford University Press. 1985. Pp. 470 . $29.95
Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan
Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan
Antioch Law Journal
In January 1983, the United States Court of Appeals for the Eleventh Circuit decided the case of Hance v. Zant. Establishing a stringent standard apparently in line with the Supreme Court's requirement of heightened reliability in capital cases, the Eleventh Circuit reversed Hance's death sentence. The court held, inter alia, that the prosecutor's inflammatory closing argument at the end of the sentencing phase of the trial was violative of the eighth and fourteenth amendments. Six months later, in a group of four other death penalty cases, the United States Supreme Court dismissed challenges to the sentencing process.2 The Court held …
The Functions, Roles, And Duties Of The Senate In The Supreme Court Appointment Process, William G. Ross
The Functions, Roles, And Duties Of The Senate In The Supreme Court Appointment Process, William G. Ross
William & Mary Law Review
No abstract provided.
Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West
Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West
Michigan Law Review
This Note attempts to define the boundaries of the indigent criminal defendant's constitutional right to expert assistance, in the light of Ake v. Oklahoma. Part I briefly reviews the Ake decision and examines its constitutional background. Part II inquires into Ake's implications for experts other than psychiatrists and in contexts other than the insanity defense, arguing that the principles that guided the Ake decision have validity well beyond the facts of that case. Part III asks whether the Ake doctrine should be limited to capital cases. Rejecting such a limitation, it concludes that the right to expert assistance …
Pullman Abstention After Pennhurst: A Comment On Judicial Federalism, Keith Werhan
Pullman Abstention After Pennhurst: A Comment On Judicial Federalism, Keith Werhan
William & Mary Law Review
No abstract provided.
Religion And The Burger Court, Rex E. Lee
Religion And The Burger Court, Rex E. Lee
Michigan Law Review
A Review of Religion, State and the Burger Court by Leo Pfeffer
Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy
Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy
Michigan Law Review
A Review of Justices and Presidents: A Political History of Appointments to the Supreme Court (2d edition) by Henry J. Abraham
The Constitution As Mirror: Tribe's Constitutional Choices, Richard A. Posner
The Constitution As Mirror: Tribe's Constitutional Choices, Richard A. Posner
Michigan Law Review
A Review of Constitutional Choices by Laurence H. Tribe
Judge Picking, Abner J. Mikva
Judge Picking, Abner J. Mikva
Michigan Law Review
A Review of God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History by Laurence H. Tribe
Hyperspace, Girardeau A. Spann
Hyperspace, Girardeau A. Spann
Michigan Law Review
A Review of The Supreme Court and Constitutional Democracy by John Agresto
The Capital Punishment Conundrum, Eric Schnapper
The Capital Punishment Conundrum, Eric Schnapper
Michigan Law Review
A Review of Life in the Balance: Procedural Safeguards in Capital Cases by Welsh S. White
Statesman Of The Old Republic, Craig Joyce
Statesman Of The Old Republic, Craig Joyce
Michigan Law Review
A Review of Supreme Court Justice Joseph Story: Statesman of the Old Republic by R. Kent Newmyer
Break The Monopoly Of Lawyers On The Supreme Court, Arthur S. Miller, Jeffrey H. Bowman
Break The Monopoly Of Lawyers On The Supreme Court, Arthur S. Miller, Jeffrey H. Bowman
Vanderbilt Law Review
The questions these cases pose are: Do lawyers alone have the wisdom to make such sociological and moral decisions as Plessy, Brown, and Roe? Should only lawyers deal with political theory in the way the Supreme Court has in the Legislative Reapportionment Cases? Can only lawyers deal in a definitive way with the troublesome questions concerning the relationship of church and state presented by the Prayer Cases? Although the list of cases may be extended to cover the full range of socioeconomic questions that remain of fundamental importance to this country, the answer to these questions remains the same. No …
Congressional Power To Contradict The Supreme Court's Constitutional Decisions: Accomodation Of Rights In Conflict, J. Edmond Nathanson
Congressional Power To Contradict The Supreme Court's Constitutional Decisions: Accomodation Of Rights In Conflict, J. Edmond Nathanson
William & Mary Law Review
No abstract provided.
Nlra Preemption Of State Law Actions For Wrongful Discharge In Violation Of Public Policy, Thomas Bean
Nlra Preemption Of State Law Actions For Wrongful Discharge In Violation Of Public Policy, Thomas Bean
University of Michigan Journal of Law Reform
This Note considers the circumstances under which the NLRA should preempt state law tort suits for discharge in contravention of public policy by employees covered by a collective bargaining agreement, and by at-will employees. Part I discusses the rationale behind the preemption doctrine and outlines the tests the Supreme Court has adopted for determining when the NLRA preempts state laws. Part II argues that the specific rationale behind the Court's preemption tests are inapplicable to the typical public policy wrongful discharge action. Part III identifies the ways in which public policy wrongful discharge actions might infringe on the NLRA. It …
The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly
The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly
Touro Law Review
No abstract provided.
The State Of New York's State Federal-Judicial Council, Hon. George C. Pratt
The State Of New York's State Federal-Judicial Council, Hon. George C. Pratt
Touro Law Review
No abstract provided.
The Changing Role Of The Supreme Court, William H. Rehnquist
The Changing Role Of The Supreme Court, William H. Rehnquist
Florida State University Law Review
No abstract provided.
Preserving The Essential Role Of The Supreme Court: A Comment On Justice Rehnquist's Proposal, Arthur D. Hellman
Preserving The Essential Role Of The Supreme Court: A Comment On Justice Rehnquist's Proposal, Arthur D. Hellman
Florida State University Law Review
No abstract provided.
In What Vision Of The Constitution Must The Law Be Color-Blind, 20 J. Marshall L. Rev. 201 (1986), Laurence H. Tribe
In What Vision Of The Constitution Must The Law Be Color-Blind, 20 J. Marshall L. Rev. 201 (1986), Laurence H. Tribe
UIC Law Review
No abstract provided.
The Bankruptcy Dynamics Of Collective Bargaining Agreements, 19 J. Marshall L. Rev. 301 (1986), Richard L. Merrick
The Bankruptcy Dynamics Of Collective Bargaining Agreements, 19 J. Marshall L. Rev. 301 (1986), Richard L. Merrick
UIC Law Review
No abstract provided.
Pattern Makers' League Of North America, Afl-Cio V. Nlrb: Supreme Court Upholds Federal Limitation On Union Power To Compel Strike Activity, 19 J. Marshall L. Rev. 789 (1986), Colette Foisette
UIC Law Review
No abstract provided.
Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin
UIC Law Review
No abstract provided.
Justice Brennan And Union Discipline Under The Nlra: The Fight For Solidarity Impinges Upon Individual Rights, 20 J. Marshall L. Rev. 127 (1986), Colette M. Foissotte
Justice Brennan And Union Discipline Under The Nlra: The Fight For Solidarity Impinges Upon Individual Rights, 20 J. Marshall L. Rev. 127 (1986), Colette M. Foissotte
UIC Law Review
No abstract provided.
Interstate Commerce Commission V. American Trucking Associations, Inc.
Interstate Commerce Commission V. American Trucking Associations, Inc.
Touro Law Review
No abstract provided.
The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig
The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig
Touro Law Review
No abstract provided.
Greenmoss Builders, Inc. V. Dun & (And) Bradstreet Inc. Invites Controversy, 19 J. Marshall L. Rev. 929 (1986), Elmer Gertz
Greenmoss Builders, Inc. V. Dun & (And) Bradstreet Inc. Invites Controversy, 19 J. Marshall L. Rev. 929 (1986), Elmer Gertz
UIC Law Review
No abstract provided.
Crime Without Conviction: Supervision Without Sentence, 19 J. Marshall L. Rev. 547 (1986), Alfred B. Teton
Crime Without Conviction: Supervision Without Sentence, 19 J. Marshall L. Rev. 547 (1986), Alfred B. Teton
UIC Law Review
No abstract provided.
Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo
Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo
UIC Law Review
No abstract provided.