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Full-Text Articles in Law

Unequal Opportunities: Education Pathways To The U.S. Judiciary, Alfred C. Aman Jan 2017

Unequal Opportunities: Education Pathways To The U.S. Judiciary, Alfred C. Aman

Articles by Maurer Faculty

This paper is about diversity in federal and state courts in the United States. My main argument is that we should promote a judiciary that is reflective of the society of which it is a part for three reasons: first, because in doing so, we gain critical awareness of barriers to judicial service; second, because in doing so, we are also promoting access to resources, education and opportunities in the legal profession; and third, because it is possible (although not automatic) that a reflective judiciary will broaden the range of experience and perspective on the matters involved in the cases …


Tax Appeal: A Proposal To Make The United States Tax Court More Judicial, Leandra Lederman Jan 2008

Tax Appeal: A Proposal To Make The United States Tax Court More Judicial, Leandra Lederman

Articles by Maurer Faculty

Accountability is a critically important protection for any justice system; its absence provides an opportunity for shortcuts that may undermine procedural fairness or even change case outcomes. Yet, the United States Tax Court, which is an Article I court, is not subject to Administrative Office of U.S. Courts or the U.S. Judicial Conference - institutions that serve and oversee the federal judiciary. In addition, because the Tax Court is not an administrative agency, it is not covered by the Administrative Procedure Act or the Freedom of Information Act. The principal source of oversight of Tax Court actions is appellate review. …


Are Senior Judges Unconstitutional?, Ryan W. Scott, David R. Stras Jan 2007

Are Senior Judges Unconstitutional?, Ryan W. Scott, David R. Stras

Articles by Maurer Faculty

With burgeoning caseloads and persistent vacancies in many federal courts, senior judges play a vital role in the continued well-being of our federal judiciary. Despite the importance of their participation in the judicial process, however, senior judges raise a host of constitutional concerns that have escaped the notice of scholars and courts. Many of the problems originate with recent changes to the statute authorizing federal judges to elect senior status, including a 1989 law that permits senior judges to fulfill their statutory responsibilities by performing entirely nonjudicial work. Others arise from the ambiguity of the statutory scheme itself, which seems …


Book Review. Privatization And The New Formalism: Making The Courts Safe For Bureaucracy, Bryant G. Garth Jan 1988

Book Review. Privatization And The New Formalism: Making The Courts Safe For Bureaucracy, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Preclusion And Federal Choice Of Law, Gene R. Shreve Jan 1986

Preclusion And Federal Choice Of Law, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve Jan 1985

Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan Jan 1982

The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan

Articles by Maurer Faculty

No abstract provided.


Book Review. Federal Jurisdiction: The Perils And Rewards Of Pulling Things Together, Gene R. Shreve Jan 1982

Book Review. Federal Jurisdiction: The Perils And Rewards Of Pulling Things Together, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Federal Court Doctrines In Avoidance Of Adjudication: Exhaustion, Abstention And The Anti-Injunction Statute, Gene R. Shreve Jan 1972

Federal Court Doctrines In Avoidance Of Adjudication: Exhaustion, Abstention And The Anti-Injunction Statute, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner Jan 1959

Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


The History And Role Of A Supreme Court In A Federal System, Wencelas J. Wagner Jan 1959

The History And Role Of A Supreme Court In A Federal System, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Federal Jurisdiction In Diversity And Related Cases, Wencelas J. Wagner Jan 1959

Federal Jurisdiction In Diversity And Related Cases, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Political Questions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner Jan 1959

Political Questions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Appellate Jurisdiction Of The Supreme Courts Of Federal States, Wencelas J. Wagner Jan 1958

Appellate Jurisdiction Of The Supreme Courts Of Federal States, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Advisory Opinions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner Jan 1958

Advisory Opinions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Book Review. A Brief Survey Of The Jurisdiction And Practice Of The Courts Of The United States, 5th Ed. By Charles W. Bunn, Ivan C. Rutledge Jan 1949

Book Review. A Brief Survey Of The Jurisdiction And Practice Of The Courts Of The United States, 5th Ed. By Charles W. Bunn, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.


Jury -- Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William Burnett Harvey Jan 1947

Jury -- Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.


The Jurisdiction Of The Federal Courts Based On Diversity Of Citizenship, Robert C. Brown Jan 1929

The Jurisdiction Of The Federal Courts Based On Diversity Of Citizenship, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.