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1977

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Institution
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Articles 1 - 18 of 18

Full-Text Articles in Judges

Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks Dec 1977

Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks

Cornell Law Faculty Publications

The rules of evidence have evolved, in the main, to protect the jury from being misled, prejudiced or confused by certain types of evidence which might be presented to it. The rules attempt to achieve this purpose by utilizing a number of techniques, which were fashioned by common law judges. First, evidence which gives rise to these dangers might be excluded from the jury's consideration altogether. Secondly, such evidence might have to be corroborated by other evidence before the jury is permitted to reach a verdict in the case. Thirdly, the judge might be compelled to instruct the jury ...


Stump V. Sparkman, Lewis F. Powell Jr. Oct 1977

Stump V. Sparkman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


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 Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie Girth Oct 1977

The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie Girth

University of Michigan Journal of Law Reform

This article examines the effort to maximize judicial control over the bankruptcy process and its impact on H.R. 8200's procedural requirements for the nonbusiness bankruptcy option known currently as the wage earners' plan. As background, it describes the present nonbusiness bankruptcy options and the statutory procedures for monitoring confirmed wage earners' plans. Then, using illustrative samples from three years of cases in the Buffalo region of the Western District of New York, it assesses whether present plans are being administered in accordance with the statutory formalities. The economic incentives which affect creditors' behavior in taking advantage of their ...


Toward A Judicial Role For The Twenty-First Century, Charles L. Black, Jr. Oct 1977

Toward A Judicial Role For The Twenty-First Century, Charles L. Black, Jr.

Washington Law Review

Tonight, I am shifting to a new perspective in time. I would ask you to think of us as standing at a midpoint, just about equally distant from the decision in Brown v. Board of Education and the beginning of a new century, some twenty-three years back and forward. I remember the day the Brown case was decided; I learned of it, on a May afternoon still fragrant, from a group of Columbia law students in the drugstore-luncheonette on the corner of 116th Street and Broadway in New York. If you remember that day, or some other day in that ...


Caesar's Wife Revisited*--Judicial Disqualification After The 1974 Amendments Sep 1977

Caesar's Wife Revisited*--Judicial Disqualification After The 1974 Amendments

Washington and Lee Law Review

No abstract provided.


The Standards' Recommendations On Dispositions: A Panel Discussion Panel Discussion, Stanley Fisher Jul 1977

The Standards' Recommendations On Dispositions: A Panel Discussion Panel Discussion, Stanley Fisher

Faculty Scholarship

ROFESSOR STANLEY FISHER, MODERATOR: Good evening. I'd like to welcome you all here. Of all of the volumes of the Juvenile Justice Standards Project, I suppose the most controversial are those dealing with the disposition stage. They have elicited a good deal of critical comment, even though they haven't yet been published, and many of the comments and criticisms have apparently been on the basis of speculation and rumor as to what the Standards actually say. We have with us tonight to discuss these Standards two persons who have a great deal of expertise in this field. The ...


Judicial Protection Of Minorities, Terrance Sandalow May 1977

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, that cautious suggestion has ripened into ...


Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira Apr 1977

Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira

IUSTITIA

In the following pages, I shall outline the basics of a method for studying the motivations of trial judges - or any public officials, for that matter - that I find particularly interesting and fruitful - "incentive theory". The use of incentive theory is, in my view, a preliminary contribution to an ongoing movement to fill glaring gaps in the literature on judicial motivation and trial judging.


Justice Jesse W. Carter: A Portrait Of Greatness, Alumni Forum Editor, Apr 1977

Justice Jesse W. Carter: A Portrait Of Greatness, Alumni Forum Editor,

The Jesse Carter Collection

No abstract provided.


Dedication - John Simpson Hastings, Judicial Conference Of The United States, John Paul Stevens, Jesse E. Eschbach, Wilbur F. Pell Jr., Herman B. Wells, Board Of Visitors, William H. Rehnquist, Patrick L. Baude, James A. Strain, Jeffrey J. Kennedy Apr 1977

Dedication - John Simpson Hastings, Judicial Conference Of The United States, John Paul Stevens, Jesse E. Eschbach, Wilbur F. Pell Jr., Herman B. Wells, Board Of Visitors, William H. Rehnquist, Patrick L. Baude, James A. Strain, Jeffrey J. Kennedy

Indiana Law Journal

The Board of Editors dedicates this issue of the Indiana Law Journal to the memory of the honorable John Simpson Hastings. In a manner befitting the man, many of Judge Hastings' friends and associates have provided their personal remarks regarding his achievements on the bench and as an active alumnus of Indiana University. We hope that these remarks will serve in some small way to preserve the memory of a truly great man.


Judicial Impeachments And The Struggle For Democracy In South Carolina, James W. Ely, Jr. Mar 1977

Judicial Impeachments And The Struggle For Democracy In South Carolina, James W. Ely, Jr.

Vanderbilt Law Review

Judicial tenure had become a sensitive issue in the colonies before the American Revolution. Although the Act of Settlement of 1701 guaranteed tenure during good behavior for judges in England, this statute did not extend to the colonies, and royal governors regularly were instructed to issue judicial commissions at the pleasure of the Crown. Judges in New York briefly secured appointments for good behavior during the 1750's, but in 1761 the King in Council directed that henceforth no commission could be granted except at pleasure. In 1759 the Pennsylvania Assembly passed a measure providing that judges in that colony ...


The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner Jan 1977

The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner

Villanova Law Review

No abstract provided.


Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas Jan 1977

Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas

Indiana Law Journal

No abstract provided.


Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, E. Philip Soper Jan 1977

Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, E. Philip Soper

Michigan Law Review

This article offers a review of the Hart-Dworkin dispute and a qualified defense of the positivist's model against Dworkin's attack. The defense is cast primarily in the form of the second possible response to a descriptive theory: Dworkin's attack fails, I suggest, because it involves descriptive claims that can be accommodated to the positivist's conceptual theory regardless of one's view about the plausibility of those claims.


Tribute To Chief Justice Donald R. Wright, Thomas Ehrlich Jan 1977

Tribute To Chief Justice Donald R. Wright, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.


American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins Jan 1977

American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins

Articles

No abstract provided.


Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller Jan 1977

Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller

Articles

No abstract provided.