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Full-Text Articles in Courts

Preliminary Injunctions And Abstention: Some Problems In Federalism, Michael L. Wells Nov 1977

Preliminary Injunctions And Abstention: Some Problems In Federalism, Michael L. Wells

Scholarly Works

Suppose a federal district court faces a challenge to state action that presents an unsettled issue of state law, a federal constitutional issue, and a plaintiff who will be irreparably harmed if the state is not immediately enjoined. May the court abstain from a decision on the merits, remand the case to the state courts for resolution of the state law issue, and yet grant a preliminary injunction against the challenged state action? Does it follow from the paucity of reported opinions coupling such interim relief with abstention that such a procedure is inconsistent with the policies underlying the abstention …


Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr. Oct 1977

Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Jury's Role Under The Indiana Constitution, Carolyn White Spengler Jul 1977

The Jury's Role Under The Indiana Constitution, Carolyn White Spengler

Indiana Law Journal

No abstract provided.


Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser Jan 1977

Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn Jan 1977

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Publications

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …


The Congressional Veto: Preserving The Constitutional Framework, Arthur S. Miller, George M. Knapp Jan 1977

The Congressional Veto: Preserving The Constitutional Framework, Arthur S. Miller, George M. Knapp

Indiana Law Journal

Symposium: Separation of Powers


An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol Jan 1977

An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol

Villanova Law Review

No abstract provided.


Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi Jan 1977

Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi

Publications

No abstract provided.