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Articles 151 - 165 of 165
Full-Text Articles in Law
How Courts Govern America, H. John Rogers
How Courts Govern America, H. John Rogers
West Virginia Law Review
No abstract provided.
Of Men And Laws: Murphy, Cornford, Arnold, Potter, Parkinson, Peter, Maccoby, And Gall, Melvin J. Sykes
Of Men And Laws: Murphy, Cornford, Arnold, Potter, Parkinson, Peter, Maccoby, And Gall, Melvin J. Sykes
Maryland Law Review
No abstract provided.
Can/Should Computers Replace Judges?, Anthony D'Amato
Can/Should Computers Replace Judges?, Anthony D'Amato
Faculty Working Papers
Speculates concerning judicial decision-making to test, at least theoretically, what some of the implications of jurisprudential advances might be. Proposes as the means of making this test a consideration of whether a computer may be so programmed as to replace the judicial function of judges.
An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.
An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.
Publications
The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.
Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman
Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman
All Faculty Scholarship
Professors Currie and Goodman present a comprehensive analysis of the variables that must be isolated and weighed in determining the optimum forum for judicial review of administrative action. While the backdrop for this study is the caseload crisis presently confronting the federal courts of appeals, their discussion illuminates the requsites for optimum judicial review generally.
Failing to perceive any compelling reason to single out administrative cases for review (in separate courts, the authors argue against the creation of special administrative appeals courts. Even if such courts were to enjoy broad subject matter jurisdiction over the most demanding aspects of the …
Toward A Phenomenological Approach To Law: A Treatment For The Schizophrenia Of Contemporary Legal Regimes, George S. Robinson
Toward A Phenomenological Approach To Law: A Treatment For The Schizophrenia Of Contemporary Legal Regimes, George S. Robinson
Villanova Law Review
No abstract provided.
Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.
Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.
Publications
The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.
Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler
Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler
Villanova Law Review
No abstract provided.
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
All Faculty Scholarship
No abstract provided.
Federal Right Jurisdiction And The Declaratory Remedy, Herman L. Trautman
Federal Right Jurisdiction And The Declaratory Remedy, Herman L. Trautman
Vanderbilt Law Review
Why should we have federal district courts? What should be their primary function? These questions are fundamental to the formulation of a rational basis for the distribution of judicial power between state courts and the trial courts of the federal government.
Our American federal system seeks as a constant objective an appropriate division of governmental power between a national unit, which deals with problems requiring uniform treatment, and state units, which have responsibility for problems depending more upon local conditions. Applying the principle to the federal district courts, it seems clear that their primary function should be to adjudicate federal …
The Menace Of Jarndyce And Jarndyce, J. H. Brennan
The Menace Of Jarndyce And Jarndyce, J. H. Brennan
West Virginia Law Review
No abstract provided.
Book Review. The American Doctrine Of Judicial Supremacy, 2nd Ed. By C. G. Haines, Frank Edward Horack Jr.
Book Review. The American Doctrine Of Judicial Supremacy, 2nd Ed. By C. G. Haines, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Origin Of Equity Jurisdiction And Jurisprudence, Edward Murphy
Origin Of Equity Jurisdiction And Jurisprudence, Edward Murphy
Student Theses
Introductory Statement
It is not our purpose in this thesis to attempt a complete and detailed history of equity as it exists in England and in the United states. To do this would involve little more than a compilation of what has already been quite elaborately treated by some of the great legal minds of England and America.
We propose to treat rather of the nature of Equity as it existed in the Roman Law,its influence in the English law, the primitive condition of the law at the time of the origin of Equity, and of the causes which made …
Judicial Councils, Thurman Arnold
Courts Of Law And Equity--Why They Exist And Why They Differ, Warren B. Kittle
Courts Of Law And Equity--Why They Exist And Why They Differ, Warren B. Kittle
West Virginia Law Review
No abstract provided.