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Gerald T. Dunne's Justice Joseph Story And The Rise Of The Supreme Court (Book Review), Alfred S. Konefsky

Book Reviews

No abstract provided.

Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review

Michigan Law Review

At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …

No One Will Lissen, Mabel Minor

North Carolina Central Law Review

No abstract provided.

Sarno V. Illinois Crime Investigating Commission, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

In Matter Of Pappas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Branzburg V. Hayes, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Commissioner Of Internal Revenue V. First Security Bank Of Utah, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Decision By Richard Harris, Patrick L. Baude

Indiana Law Journal

No abstract provided.

Direct Judicial Review And The Doctrine Of Ripeness In Administrative Law, Joseph Vining

Articles

There has been recent interest in rationalizing and codifying the opportunities for judicial review of federal administrative determinations outside an enforcement context or special proceedings designated by statute. Abbott Laboratories v. Gardner culminated the development of a strong judicial presumption in favor of such review, founded in general considerations and justified by the broad language of the Administrative Procedure Act (AP A or Act). Since the petitioners in Abbott had theoretical rights to later review of the agency position in enforcement proceedings, the Court called the procedure "pre-enforcement" review. But similar opportunities for immediate and direct review of agency positions …

Invoking Summary Criminal Contempt Procedures--Use Of Abuse? United States V. Dellinger --The "Chicago Seven" Contempts, Michigan Law Review

Michigan Law Review

In late August of 1968, while delegates to the Democratic National Convention were arriving in Chicago, a group of several thousand demonstrators gathered in the city's Lincoln Park to protest the Convention, the Vietnam War, and the city's refusal to grant the group a permit to hold rallies and marches during the Convention. The week that followed was marred by violent confrontations between the demonstrators and the city's police.1 This violence in Chicago provided the impetus for an indictment by a federal grand jury of the defendants in United States v. Dellinger.

Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones

Scholarly Works

For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …

Habeas Corpus--Applicability Of Doctrine Of Res Judicata

West Virginia Law Review

No abstract provided.

The Impact Of The United States Supreme Court: Some Perspectives, By Stephen L. Wasby, Leroy N. Rieselbach

Indiana Law Journal

No abstract provided.

Devising Procedures That Are Civil To Promote Justice That Is Civilized, Maurice Rosenberg

Michigan Law Review

In a democracy, process is king to a very large extent, and this is especially so in the judicial branch. Even though substantive laws command attention, procedural rules ensure respect. Why is this true? One powerful reason is that when people end up in court, their case typically is not a matter of right against wrong, but of right against right. Decent process makes the painful task of deciding which party will prevail bearable and helps make the decision itself acceptable.

To put my position plainly, I believe that the road to court-made justice is paved with good procedures. Later …

Social And Political Aspects Of Civil Procedure--Reforms And Trends In Western And Eastern Europe, Mauro Cappellitti

Michigan Law Review

It is my intention first to analyze the reforms accomplished in Europe in the relatively recent past. I shall then turn to the principal current problems and trends of reform. Finally, I will reflect on the intellectual and socio-political background of such reforms, problems, and trends. This approach will also give us the opportunity to discuss what kind of scholarship in the field of civil procedure is demanded today, at least in Europe but probably elsewhere as well, in order to meet the changed needs of our time.

An American Lawyer In The Queen's Courts: Impressions Of English Civil Procedure, Benjamin Kaplan

Michigan Law Review

While the words "English Civil Procedure" in the title of this lecture might suggest that there is a single English system, there are in fact a number of them. In the High Court itself, the court of general jurisdiction, a suit in Chancery Division proceeds differently from an action in Queen's Bench Division: the English have made less of a fetish of the "one form of action" than we have. Procedure in the County Courts, the courts for small-debt collection and miscellaneous claims, contrasts with those of the High Court. But Queen's Bench procedure for the staple cases of some …

Jury Trials For Juvenile Delinquents In Virginia

Washington and Lee Law Review

No abstract provided.

Book Review Of Court And Constitution In The Twentieth Century, Paul G. Kauper

William & Mary Law Review

No abstract provided.

Metropolitanization And Land-Use Parochialism--Toward A Judicial Attitude, Michael H. Feiler

Michigan Law Review

The purpose of this Article is to explore those situations in which courts have given meaning to the Euclid caveat in operation, and, from those instances, to attempt to evolve a judicial approach to the problems posed by the conflict between purely local interests on the one hand and more comprehensive regional interests on the other. Four basic premises are herein indulged: (1) that strictly local zoning is unsatisfactory; (2) that new and innovative legislation will not be readily forthcoming; (3) that the burden of mediating these conflict situations will continue to fall upon the judiciary; and (4) that present …

Court Administration: The Newest Profession, Bernadine Meyer

Duquesne Law Review

Developments in court administration have come at a rapid rate during the past decade. The efforts of Chief Justice Warren Burger have contributed greatly to this accelerated growth. In assessing the state of the judiciary, he termed challenges to our system of justice "colossal and immediate," and assigned priority "to methods and machinery, to procedure and techniques, to management and adminis tration of judicial resources." These, he reasoned, would not be the long range undertakings that re-examination of outdated substantive legal institutions would be.

Title I - Special Grand Jury, Jeffrey J. Greenbaum

University of Michigan Journal of Law Reform

Title I establishes special grand juries to sit in major population areas and other areas designated by the Attorney General. These grand juries are protected from arbitrary dismissal by the district court before completion of their work. They can sit for extended periods (a maximum of thirty-six months), and are authorized to issue reports concerning (a) noncriminal misconduct of appointed government officials or employees involving organized criminal activity; and (b) organized crime conditions within the district. When reports are issued concerning governmental misconduct, individuals named are given notice, afforded the opportunity to present evidence, file an answer, and obtain judicial …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Exemption From The Jurisdiction Of Canadian Courts, Jean-Gabriel Castel

Articles & Book Chapters

This article addresses persons who claim immunity from the compulsory jurisdiction of Canadian courts.

Toward Judicial Reform, Edward J. Gurney

University of Richmond Law Review

President Nixon has several times in the recent past publicly recognized a growing national attitude-the American people, as a class, are losing confidence in the ability of their governments to govern. And this unfortunate lack, or at least diminution of confidence, is nowhere more evident than in the way the average citizen views the courts of this country.

Plea Bargaining: A Model Court Rule, Kenneth A. Kraus

University of Michigan Journal of Law Reform

It is not the purpose of this note to discuss the justification for the plea bargaining process, for it is clear that this system will of necessity be continued in the foreseeable future. Instead, this analysis is designed first to present the functional role, constitutional status and existing abuses in the plea bargaining process, and then to discuss the goals and the proposed standards relevant to reform of the present plea bargaining procedures. The culmination of this analysis is the proposed Model Court Rule for Plea Agreements in part III.

Reducing The Size Of Juries, David M. Powell

University of Michigan Journal of Law Reform

In recent years, court dockets have become increasingly congested. The resulting delays place a great burden both on civil litigants and on the criminally accused who often await trial for more than two years. In responding to this problem, jurists have focused on trial by jury and have typically suggested modifications of two types: either limiting access to juries by litigants, or increasing the efficiency of the juries themselves. Some critics have even contended that the anachronistic procedure of jury trials is such an undue burden on the judicial system that it should be abolished in the interest of efficient …

Federal Courts - Habeas Corpus - Unconditional Release From Custody Under A Misdemeanor Conviction Does Not Render A Case Moot For Purposes Of Habeas Corpus And A Lower Federal Court's Declaration Of The Unconstitutionality Of An Ordinance Is Not Binding Upon State Courts, Elaine Munson

Loyola University Chicago Law Journal

No abstract provided.

Judicial Review Of Agency Action: The Unsettled Law Of Standing, Michigan Law Review

Michigan Law Review

Traditionally, the doctrine of standing has existed as the major obstacle frustrating the attempts of numerous plaintiffs to obtain relief for the injuries they have suffered as a result of allegedly illegal action by federal administrative agencies. Frequently, the rigid standards effectively have prevented any feasible plaintiff from challenging the actions of an administrative agency. The ultimate consequence of this problem has been practically to insulate a wide range of administrative activity from judicial review.

In recent years the courts have been under increasing pressure to liberalize the law of standing and to provide a judicial forum where administrative agencies …

Book Review. The Doctrine Of Precedent In The Court Of Appeal For East Africa By G.F.A. Sawyerr And J.A. Hiller, William B. Harvey

Articles by Maurer Faculty

No abstract provided.