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Articles 61 - 65 of 65
Full-Text Articles in Law
A Postscript On Precedent In The Divided Fifth Circuit, Thomas E. Baker
A Postscript On Precedent In The Divided Fifth Circuit, Thomas E. Baker
Faculty Publications
Professor Baker analyzes the three courts that resulted from the split of the United States Court of Appeals for the Fifth Circuit in 1981 and how each court treats precedent.
Constitutional Criminal Procedure, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Faculty Publications
This article discusses decisions of the new Eleventh Circuit and also decisions of the former Fifth Circuit, some of which are binding precedents for the new court. By way of introduction, the title Constitutional Criminal Procedure deserves amplification. Related criminal law topics not within the scope of this article include the following: the substantive law of crimes; non constitutional aspects of the Federal Rules of Evidence; non constitutional aspects of the Federal Rules of Criminal Procedure; procedural aspects of habeas corpus; sentencing; prisoners' rights; and civil rights suits alleging constitutional deprivations.
Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker
Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker
Faculty Publications
No abstract provided.
Constitutional Law, Thomas E. Baker
Constitutional Law, Thomas E. Baker
Faculty Publications
This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …
Precedent Times Three: Stare Decisis In The Divided Fifth Circuit, Thomas E. Baker
Precedent Times Three: Stare Decisis In The Divided Fifth Circuit, Thomas E. Baker
Faculty Publications
October 1, 1981, marked a milestone in the history of our federal courts. On that day the Fifth Circuit Court of Appeals Reorganization Act of 1980 (Reorganization Act) divided the" former fifth circuit" into the" new fifth circuit," composed of the District of the Canal Zone, Louisiana, Mississippi, and Texas, and the new" eleventh circuit," composed of Alabama, Florida, and Georgia.