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Articles 1 - 30 of 31
Full-Text Articles in Law
Law Reform And Legal Education, Robert E. Keeton
Law Reform And Legal Education, Robert E. Keeton
Vanderbilt Law Review
Painfully slow as the mills of law reform grind, they have moved faster in our generation than in most. This appraisal may seem overly generous to our own day when we reflect on the difficulties and delays encountered in achieving some particular reform. But if we measure progress in another way--comparing what has happened in the last dozen years with what happened in other time periods of similar length--differences emerge. The most easily documented difference concerns the performance of appellate courts of last resort in reforming private law by candidly overruling precedents. In the last dozen years, there have been …
Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review
Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review
Michigan Law Review
This Comment is focused upon the errors that may result from the confusion surrounding the question of jurisdictional limitations. It is suggested that such confusion is the natural result of the prevailing concern of courts with the extreme limits of permissible jurisdiction, and that this confusion has so clouded the basic issues that erroneous results have been reached in more routine cases that do not even approach those limits-the "easy" cases. Cases decided in the past few years indicate that these erroneous results occur most often in three areas. Following a brief examination of the body of law and theory …
Wright & Miller: Federal Practice And Procedure, Civil Procedure, William H. Becker, W. Brown Morton Jr.
Wright & Miller: Federal Practice And Procedure, Civil Procedure, William H. Becker, W. Brown Morton Jr.
Michigan Law Review
A Review of Federal Practice and Procedure, Civil Procedure Vol. 4 & 5 by Charles Alan Wright and Arthur R. Miller
Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick
Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick
Michigan Law Review
A registrant may obtain judicial review of Selective Service action in any of three possible ways. If he submits to induction into the Armed Forces, the registrant may challenge the validity of his induction order by petitioning for habeas corpus. If the registrant refuses to submit to induction, and is subsequently indicted for that refusal, he may defend the criminal prosecution on the ground that the order for his induction was unlawful. In addition to these two well-settled methods of obtaining postinduction judicial review, the registrant may have a third alternative. In certain circumstances, he may be able to secure …
The American Bar Association And The Supreme Court—Old Wine In A New Bottle?, Manly Fleischmann, Ronald H. Jensen
The American Bar Association And The Supreme Court—Old Wine In A New Bottle?, Manly Fleischmann, Ronald H. Jensen
Buffalo Law Review
No abstract provided.
Judicial Review--Professional Association--Inquiry Into Exclusion From Membership, Charles Blaine Myers Jr.
Judicial Review--Professional Association--Inquiry Into Exclusion From Membership, Charles Blaine Myers Jr.
West Virginia Law Review
No abstract provided.
Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick
Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick
Indiana Law Journal
No abstract provided.
The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin
The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin
Indiana Law Journal
In the Comment which follows Professor Baldwin presents a brief for an extremely creative Supreme Court. In contrast to those who suggest limiting the function of the Court, either by subject matter or by judicial restraint, the author would have it protect the compact upon which the community is based, by taking an active role to insure that the compensation implied in the compact flows in fact not only to the community but to the individual.
Flood V. Kuhn (407 U.S. 258) Trial Transcript, United States District Court- Southern District Of New York
Flood V. Kuhn (407 U.S. 258) Trial Transcript, United States District Court- Southern District Of New York
Curt Flood Trial: May 19 - June 10, 1970
No abstract provided.
Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia
Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia
Michigan Law Review
The purpose of the present Article is not to propose yet another route toward logical reconciliation of the sovereign-immunity cases; but, on the contrary, to urge general acceptance of the fact that such reconciliation is, and will probably remain, unattainable; to explain why this is so; and to suggest why it is not so bad. This modest goal will be attempted through a detailed examination of two recent Supreme Court cases and their most pertinent antecedents.
Civil Procedure—Filing Fees—Indigents: Washington Courts Have Inherent Power To Waive Filing Fees For Indigents In Civil Actions.—O'Connor V. Matzdorff, 76 Wash. Dec. 2d 759, 458 P.2d 154 (1969), Anon
Washington Law Review
Mrs. Glennie O'Connor's sole source of support for herself and five children was a $325 monthly grant from the Washington State Department of Public Assistance. Through her attorney she tendered a complaint for replevin and damages in the amount of $215.50 to the judge and clerk of the Yakima Justice Court, and filed a motion and affidavit for leave to proceed in forma pauperis. The judge and his clerk refused to accept the complaint and issue notice of suit to the named defendants on the grounds that she had not paid the statutorily prescribed court fees of $3.50. Mrs. O'Connor …
Federal Courts--Appointment Of Non-Resident As Administratrix To Obtain Diversity Jurisdiction
Federal Courts--Appointment Of Non-Resident As Administratrix To Obtain Diversity Jurisdiction
West Virginia Law Review
No abstract provided.
Federal Courts--No Jurisdiction Under Johnson Act When Plain, Speedy, And Efficient Remedy May Be Had In State Courts
West Virginia Law Review
No abstract provided.
Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman
Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman
Articles & Chapters
The Supreme Court's decision in Cafeteria Workers v. McElroy (1961) has often been cited by military commanders to support claimed plenary power over access to the installation commanded. Observing that plenary power is a rarity in contemporary society, Lieutenant Lieberman questions the prof erred interpretation of Cafeteria Workers particularly in light of more recent decisions. He concludes that while commanders do possess broad powers over access, the power is not plenary but must be weighed in each instance against the individual's rights of freedom of speech and association.
The Pretrial Proceeding With Special Reference To The Kentucky Court Of Inquiry, Kenneth E. Vanlandingham
The Pretrial Proceeding With Special Reference To The Kentucky Court Of Inquiry, Kenneth E. Vanlandingham
Kentucky Law Journal
No abstract provided.
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony A. D'Amato
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony A. D'Amato
University of Michigan Journal of Law Reform
One of the most singular pieces of legislation in American constitutional history passed both houses of the Massachusetts legislature on April 1st, 1970, and was signed into law on the following day by Governor Francis W. Sargent. It provides that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article 1, Section 8, clause 11 of the United States Constitution. The bill further directs the state's attorney general to bring a suit testing …
The Language Of Involuntary Mental Hospitalization: A Study In Sound And Fury, Steven H. Levinson
The Language Of Involuntary Mental Hospitalization: A Study In Sound And Fury, Steven H. Levinson
University of Michigan Journal of Law Reform
Involuntary civil commitment is the business of hospitalizing and treating, without their consent, persons whom a court, with the aid of professional diagnosticians, determines to be psychologically disturbed or mentally ill. The purpose of the present study will be to demonstrate that the medical diagnoses of mental illness which justify involuntary civil commitment are achieved on the basis of at least unreliable and at worst invalid sets of diagnostic categories and assessments. For the purpose of determining the reliability of these diagnostic findings, the author selected a representative sample of the involuntary mental hospitalization proceedings of the Wayne County Probate …
Maynard E. Pirsig: Idealism In The Service Of Judicial Administration, Charles W. Wolfram
Maynard E. Pirsig: Idealism In The Service Of Judicial Administration, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
Manifest Intent And The Generation By Treaty Of Customary Rules Of International Law, Anthony D'Amato
Manifest Intent And The Generation By Treaty Of Customary Rules Of International Law, Anthony D'Amato
Faculty Working Papers
I shall argue in this essay that the World Court used a method which might be called the rule of manifest intent in the North Sea Continental Shelf Cases, that this method differs from a more traditional approach found in the writings of publicists, and that this new method accords well with the growing need to objectify and place upon a scientific basis the methodology by which one may determine what in fact are the rules of customary law.
Discretionary Justice: A Preliminary Inquiry, Henry Mcgee
Discretionary Justice: A Preliminary Inquiry, Henry Mcgee
Faculty Articles
Professor McGee reviews Discretionary Justice: A Preliminary Inquiry, by Kenneth Culp Davis. Davis, suggesting both that we are a government of men as much as of laws and that discretion begins where law ends, sets out to determine how much unnecessary discretionary power can be contracted and how necessary discretionary power can be both confined and structured.
Recent Decisions
University of Richmond Law Review
This is a summary of the case law that was decided in 1970.
Representing The Low Income Consumer In Repossessions, Resales And Deficiency Judgment Cases, James J. White
Representing The Low Income Consumer In Repossessions, Resales And Deficiency Judgment Cases, James J. White
Articles
The goal of this article is to lend a helping hand to the debtor's lawyer in his job of defending deficiency judgment suits brought following the repossession and resale of a debtor's encumbered personal property. Although some of the following discussion is relevant to the defense of any creditor's suit, and some applies to representation of the debtor prior to repossession or resale, the focal point of the discussion is the low-income consumer who has lost his automobile, television or some other "hard good" and has become a defendant in a suit brought by his secured creditor for a deficiency …
The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen
The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen
Michigan Law Review
Some of those who have studied the question of the appropriate standard of proof in juvenile proceedings have determined that the "preponderance of the evidence" standard-the standard applied in civil cases-is sufficient, and that the criminal standard should not be applied in such cases. Others have suggested that the standard-of proof question is unimportant since the particular standard which is required will seldom, if ever, make a difference to the outcome of a case. The first of these views is the subject to which the bulk of this Article is addressed; the second can be rebutted by the observation that …
Judicial Overkill: The Campus And The Courts, Robert M. O'Neil
Judicial Overkill: The Campus And The Courts, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
Publications
No abstract provided.
The Application Of The Substitution Of Judgment Doctrine In Planning An Incompetent's Estate, Michael P. Kane
The Application Of The Substitution Of Judgment Doctrine In Planning An Incompetent's Estate, Michael P. Kane
Villanova Law Review
No abstract provided.
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Faculty Scholarship
No abstract provided.
American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli
American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli
Michigan Law Review
A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Trial by Jury (Approved Draft). Recommended by the Advisory Committee on the Criminal Trial
The Civilianization Of Military Law, Edward F. Sherman
The Civilianization Of Military Law, Edward F. Sherman
Articles by Maurer Faculty
No abstract provided.