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Articles 1 - 19 of 19
Full-Text Articles in Law
The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford
The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford
Cornell Law Faculty Publications
The Massachusetts Supreme Court has recently ruled that decisions about withholding care from hopelessly ill, legally incapacitated patients must be made by judges. It clearly rejected the view that families and attending physicians should be empowered to make such decisions. In this respect, the ruling contrasts with that of the Quinlan case and highlights the issue of whether judges or physicians and families are better able to make medically and morally sound decisions respecting this class of patients.
Marquette National Bank Of Minneapolis V. First Of Omaha Service Corp., Lewis F. Powell Jr.
Marquette National Bank Of Minneapolis V. First Of Omaha Service Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Leroy V. Great Western United Corp., Lewis F. Powell Jr.
Leroy V. Great Western United Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Wilson V. Omaha Indian Tribe, Lewis F. Powell Jr.
Wilson V. Omaha Indian Tribe, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Addington V. Texas, Lewis F. Powell Jr.
Addington V. Texas, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Should Oral Argument On Appeal Be Abolished Unless Requested By The Court?, Lewis F. Powell Jr.
Should Oral Argument On Appeal Be Abolished Unless Requested By The Court?, Lewis F. Powell Jr.
Powell Speeches
No abstract provided.
Securities Commentary, Roberta S. Karmel, John P. Ketels
Securities Commentary, Roberta S. Karmel, John P. Ketels
Faculty Scholarship
No abstract provided.
Ashbacker Rites In Administrative Practice: A Case Study Of Broadcast Regulation., Jacob W. Mayer, Michael Botein
Ashbacker Rites In Administrative Practice: A Case Study Of Broadcast Regulation., Jacob W. Mayer, Michael Botein
Articles & Chapters
No abstract provided.
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part Ii: Craftsmanship And Decision-Making, William L. Reynolds
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part Ii: Craftsmanship And Decision-Making, William L. Reynolds
Faculty Scholarship
No abstract provided.
Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson
Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson
Articles in Law Reviews & Other Academic Journals
Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the "new" public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be fol- lowed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the "law in the books." Using an "interrupted time-series quasi- experiment" based on a "stratified multiple-group single-I design," we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through …
Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller
Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller
Publications
No abstract provided.
Prior Consistent Statements, Arthur H. Travers Jr.
Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle
Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle
Articles by Maurer Faculty
The adoption of a new principle of law invariably impinges upon related legal concepts, raising issue that were not considered when the law was changed. The adoption of comparative negligence, a drastic departure from the long-held principle of contributory negligence, has forced courts to consider how the related concept of assumption of risk is affected by the change. Because there are different types of assumption of risk, and various doctrinal, practical, and policy issues, a proper determination of the role for assumption of risk in a comparative negligence system depends upon a thorough examination of many relevant considerations. Unfortunately, two …
The Business Of The Supreme Court Under The Judiciary Act Of 1925: The Plenary Docket In The 1970'S, Arthur D. Hellman
The Business Of The Supreme Court Under The Judiciary Act Of 1925: The Plenary Docket In The 1970'S, Arthur D. Hellman
Articles
During the last decade, the Supreme Court has been deciding 65 to 70 cases a Term after oral argument. That represents a sharp decline from the 1970s and 1980s, the era of the Burger Court, when the Court was deciding about 150 cases a Term. The Burger Court’s docket, in turn, reflected a shift from the 1960s, when the docket was smaller. In short, what is “normal” for the plenary docket varies from one era to another. The period of the Burger Court retains a special interest in that regard because that was the only period after World War II …
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Publications
No abstract provided.
Some Impressions And Reflections On Observing Legal Proceedings In The People's Republic Of China, Christina B. Whitman, Sallyanne Payton
Some Impressions And Reflections On Observing Legal Proceedings In The People's Republic Of China, Christina B. Whitman, Sallyanne Payton
Articles
Very few foreign visitors have been allowed an opportunity to observe legal proceedings in the People's Republic of China. We were included in the first American group ever favored with a professional exchange legal tour. During the month of May 1977, we spent three weeks in China with a group of Black American judges and lawyers, headed by the Hon. George C. Crockett, Jr., Judge of the Recorder's Court of Detroit. Since we ourselves would be skeptical of the claim of a visitor to the United States who purported to have "studied" the American legal process during the course of …
Juvenile Court Jurisdiction Over Noncriminal Misbehavior: The Argument Against Abolition, John Dewitt Gregory
Juvenile Court Jurisdiction Over Noncriminal Misbehavior: The Argument Against Abolition, John Dewitt Gregory
Hofstra Law Faculty Scholarship
During the last decade and a half, there has been significant recognition of the legal rights of children and increasing attention to the law governing those rights. In addition to voluminous law review literature and treatment in texts, the United States Supreme Court, lower federal courts, and the state courts have addressed issues relating to children's rights in an expanding number of cases. Among the areas that the courts have scrutinized are children's freedom of expression under the first amendment of the Constitution of the United States, hearing requirements before a student may be suspended from a public school or …
Sentencing In Indiana: Appellate Review Of The Trial Court's Discretion, John Eric Smithburn
Sentencing In Indiana: Appellate Review Of The Trial Court's Discretion, John Eric Smithburn
Journal Articles
Two significant developments, legislative and judicial, have taken place in Indiana criminal law in recent months which may offer an effective response to the problem of unguided discretionary sentencing. The Indiana Penal Code has been revised to require that the trial court, before sentencing a convicted felon, conduct a separate hearing for the purpose of determining the appropriate sentence and to make a record of the hearing which must include a statement of the court's reasons for selecting the sentence imposed. The General Assembly has also provided specific directives which the trial court must consider in determining a proper sentence …
Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar
Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar
Articles
On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …