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Full-Text Articles in Judges

Book Review, W. N. Ethridge, Jr. Honorable Dec 1963

Book Review, W. N. Ethridge, Jr. Honorable

Vanderbilt Law Review

The consummation of Llewellyn's particular interest in the craft of appellate judging was his classic The Common Law Tradition: Deciding Appeals, which he completed in 1960. After reading it,no appellate judge could decide a case or write an opinion without being affected to some extent by Llewellyn's method and criteria. He conceived of law as the product of a rational process. The traditional dichotomy of reason and experience are reconcilable by development of legal methods in a rational framework. This technique clarifies and supports the sociological jurisprudence of Holmes, Cardozo, and Brandeis.


Constitutional Law—Federal Recess Appointments, Theordore Roodner Jul 1963

Constitutional Law—Federal Recess Appointments, Theordore Roodner

Washington Law Review

Allocco, who had been convicted of a narcotics violation by a jury, petitioned a United States District Court to grant his motion for release under 28 U.S.C. § 2255, alleging that his conviction should be set aside because the judge who sat at his trial was not properly appointed to his office so as to be able to exercise the judicial power conferred by U.S. Const. art. III. The district court denied his motion and the court of appeals affirmed. This was the first federal decision in recent times to deal directly with the recess appointment power and the first …


Federal Civil Procedure-Federal Rule 16-Definition Of Issues By The Pre-Trial Judge, F. Bruce Kulp Jr. Jun 1963

Federal Civil Procedure-Federal Rule 16-Definition Of Issues By The Pre-Trial Judge, F. Bruce Kulp Jr.

Michigan Law Review

Plaintiff instituted a civil antitrust suit against defendant in 1956. After numerous pre-trial conferences, the parties reached agreement as to the definition of only some of the issues. On other issues, however, the parties tendered different versions and were unable to reach an agreement. In a progress memorandum, the court issued a pre-trial order adopting defendant's version of the issues and rejecting the version proposed by plaintiff. The court reasoned that, under Federal Rule 16, it has the authority to adopt the formulation of issues proposed by one of the parties even though the other party is not in complete …


Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed. Jun 1963

Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed.

Michigan Law Review

This comment seeks to analyze each decision against its historical background. No more than a proforma attempt will be made to integrate one decision with the others, for sufficient material is not yet available to predict with any accuracy the Court's ultimate achievements in this important area of federal civil procedure.


Change Of Venue And Change Of Judge In A Civil Action In Indiana: Proposed Reforms Jan 1963

Change Of Venue And Change Of Judge In A Civil Action In Indiana: Proposed Reforms

Indiana Law Journal

No abstract provided.


Book Review, William W. Van Alstyne Jan 1963

Book Review, William W. Van Alstyne

Faculty Scholarship

This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.


Selection And Tenure Of Maryland Judges: An Explanation Of A Proposal, Robert J. Martineau Jan 1963

Selection And Tenure Of Maryland Judges: An Explanation Of A Proposal, Robert J. Martineau

Maryland Law Review

No abstract provided.


One Man’S Stand For Freedom: Opinions And Lectures Of Mr. Justice Hugo Black, William W. Van Alstyne Jan 1963

One Man’S Stand For Freedom: Opinions And Lectures Of Mr. Justice Hugo Black, William W. Van Alstyne

Faculty Publications

This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.