Law Commons^™

Judicial Review Of Laws Enacted By Popular Vote, Marc Slonim, James H. Lowe

Washington Law Review

This comment examines the thesis that the political process by which laws are enacted has constitutional significance and concludes that legislation enacted directly by voters warrants heightened judicial scrutiny under the fourteenth amendment. Part I chronicles the historical development of the initiative and referendum and surveys contemporary applications. Parts II and III examine the political underpinnings and ramifications of direct democracy and the constitutionality of the initiative process. Finally, Part IV proposes a constitutional law framework for heightened judicial scrutiny of laws enacted by popular vote.

Race And Sentencing Equality In Kentucky, Robert L. Hurley

Masters Theses & Specialist Projects

Disparity in sentencing felons based on racial considerations has long has been considered a problem for civil libertarians and scholars alike. Examining data gathered in Kentucky, this thesis addresses this issue through the application of recently developed methodological techniques. Utilizing an index of sentencing equality, this study shows that while differences do exist in black and white offender offense characteristics, these differences do not account for the variations in sentences rendered in cases of white as opposed to black felons. This exploratory research reviews and critiques previous research and provides evidence which should prove useful in resolving the problem of …

Inquiries Into The Numerical Division Of Juries: Ellis V. Reed, James M. O'Brien

West Virginia Law Review

No abstract provided.

Survival Of Rights Of Action After Corporate Merger, Michigan Law Review

Michigan Law Review

Once a corporation ceases to exist, most courts permit neither primary nor derivative suits to be brought in its name. If a merger precipitates that corporate demise, courts usually hold that standing to sue, like other assets of the "merged" corporation, passes to the surviving corporation. This Note ponders the merit of that rule of passage.

Section I categorizes the cases defining the rule of passage. Some courts have steadfastly adhered to the rule and denied standing to the merged corporation's shareholders. Other courts, fearing that the rule would preclude meritorious actions, have created exceptions allowing these shareholders to sue …

Inconsistency In The United States Courts Of Appeals: Dimensions And Mechanisms For Resolution, Stephen L. Wasby

Vanderbilt Law Review

This Article is based on an extensive study of the United States Courts of Appeals for the Eighth and Ninth Circuits that focused on two interrelated questions. The first question was how judges in geographically large circuits communicate with each other when they are not all stationed in the same city.' The focus of this Article is on the second question-the problem of intracircuit inconsistency. The study is based on largely open-ended interviews with the Ninth Circuit's active-duty and senior circuit judges and with some active-duty and senior district judges who had sat most frequently with the court of appeals …

Televising Court Trials In Canada: We Stand On Guard For A Legal Apocalypse, Lorne H. Abugov

Dalhousie Law Journal

Four years ago an eminent Canadian jurist denounced the presence of a CBC television crew filming trial participants as they emerged from his courtroom at Osgoode Hall. Chief Justice G. A. Gale of the Ontario Supreme Court found the incident "quite offensive" and bid the crew to leave the hallway and the courthouse "because I was satisfied that their operations constituted an interference with the administration of justice." ' Four years later the Canadian position on the presence of news cameras in the courts and within its precincts has remained unaltered, unbending and, worst of all, uncontroverted. A blanket prohibition …

Time Standards For Justice, Shimon Shetreet

Dalhousie Law Journal

The machinery of justice is under great pressures both popular and professional to expedite justice. While the attainment of expeditious justice is a generally accepted goal, the meaning of expeditious justice is unsettled and ambiguous. The struggle for expediting justice may have a limited significance if the goal is expressed in ambiguous and general terms. Hence it is important to go beyond the words, to establish standards for expeditious justice and as far as practicable, to express them in numerical terms. The purpose of this paper is to examine the possible reference points for measuring court delay and to discuss …

Disposition Of A Federal Criminal Case When Defendant Dies Pending Appeal, Lori R. Dickerman

University of Michigan Journal of Law Reform

This article discusses the way in which courts historically have disposed of such cases and the apparent change recently introduced by the United States Supreme Court. After an examination of the ramifications of the new and old rules, certain changes in current practice are recommended which will better serve the interests of the deceased, his survivors, and society as a whole.

United States V. Apfelbaum, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Roberts V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Rush V. Savchuk, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Carlson V. Green, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States Parole Commission V. Geraghty, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Plea Bargaining And Trial Penalties: When May The State Legitimately Require Criminal Defendants To Surrender Their Trial Rights, Charles H. Clarke

Indiana Law Journal

No abstract provided.

Social Theory And Judicial Choice: Damages And Federal Statutes, Janet S. Lindgren

Buffalo Law Review

No abstract provided.

Government By Judiciary, Philip B. Kurland

University of Arkansas at Little Rock Law Review

No abstract provided.

Commentary--Funding The Federal Judiciary, John M. Slack

West Virginia Law Review

No abstract provided.

Federal District Courts Have No Authority To Interrupt Preexisting State Sentence To Impose Confinement For Civil Contempt., Diane E. Hepford

St. Mary's Law Journal

Abstract Forthcoming.

When A District Court Has Stayed A Claim Involving Concurrent Jurisdiction, Issuance Of A Writ Of Mandamus Compelling Adjudication Is Improper., James P. Keenan

St. Mary's Law Journal

Abstract Forthcoming.

Rewriting Roe V. Wade, Donald H. Regan

Articles

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade

Transfer Between Courts Under The Indiana Juvenile Code, Robert Batey

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

Judicial Review Of Regulations Promulgated Under The Surface Mining Control And Reclamation Act Of 1977--In Re Surface Mining Regulation Litigation, Joyce Fleming Ofsa, David E. Godwin

West Virginia Law Review

No abstract provided.

The Bankruptcy Court Under The New Bankruptcy Law: Its Structure, Jurisdiction, Venue, And Procedure Selected Articles On The Bankruptcy Reform Act Of 1978., Frank R. Kennedy

St. Mary's Law Journal

Abstract Forthcoming.

La Corte Suprema Y El Futuro Del País, Horacio M. Lynch

Horacio M. LYNCH

"...La influencia de la CSN en la estabilidad política y en la afirmación de las virtudes republicanas de gobierno...".

The Role Of Appellate Court In Mandatory Sentencing Schemes, Larry I. Palmer

Faculty Publications

No abstract provided.

The 1979 Civil Procedure Rules, James W. Spears

University of Arkansas at Little Rock Law Review

No abstract provided.

Amendment 7 Referendum: Power To The People, Victor A. Fleming

University of Arkansas at Little Rock Law Review

No abstract provided.

Customs Court Jurisdiction In International Trade Cases, Jonathan S. Brenner

University of Michigan Journal of Law Reform

This article discusses the specific problems involved in Customs Court jurisdiction. After outlining in Part I these jurisdictional problems and the court's failure to deal with them, the article, in Part II, proposes an analytic framework that focusses attention on the relevant criteria for ascertaining Customs Court jurisdiction. This framework is built upon the exclusivity of Customs Court jurisdiction and exhaustion of the administrative review process. The distinct rights of importers and manufacturers are also discussed and the special problem of cases which do not meet the procedural prerequisites for Customs Court jurisdiction are explored. Finally, Part III of this …

Supreme Court Of Appeals Of West Virginia: A Statistical Analysis, John C. Parr, Karen L. Speidel

West Virginia Law Review

No abstract provided.

Limitation Borrowing In Federal Courts, Michigan Law Review

Michigan Law Review

This Note studies limitations on federal actions in light of Occidental Life. Part I discusses the reasons for limiting actions and presents a short history ·of the limitation of actions. Part II analyzes the alternatives for the federal courts when no statute of limitations applies directly. Finally, the Note suggests a solution that will achieve a result most nearly consistent with both the reasons for limiting actions and the proper role of the judiciary. It suggests, notwithstanding Occidental Life, that in some situations courts should borrow specific federal statutes of limitations and that in the remainder they should …