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Articles 1 - 14 of 14
Full-Text Articles in Jurisprudence
A Critique Of Abortion Rights, Richard Stith
A Critique Of Abortion Rights, Richard Stith
Law Faculty Publications
No abstract provided.
Freedom From Claims And Defenses: A Study In Judicial Activism Under The Uniform Commerical Code, Julian B. Mcdonnell
Freedom From Claims And Defenses: A Study In Judicial Activism Under The Uniform Commerical Code, Julian B. Mcdonnell
Scholarly Works
The suggestion that we might today learn something about the judicial process in such a staid area of private law may seem surprising. After all, has not the Federal Trade Commission "repealed" the holder in due course rule thus tossing negotiable instruments into the dust bin? Have not the remaining technical questions been answered by the "detail and rigid precision" of the Uniform Commercial Code so lamented by Professor Gilmore? Surely, the attentive observer of the role of the courts might conclude that there is nothing left for the judicial policy maker in the field of bills and notes. The …
Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young
Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young
Faculty Scholarship
No abstract provided.
The Exhaustion Doctrine In Federal Habeas Corpus: An Argument For A Return To First Principles, Larry Yackle
The Exhaustion Doctrine In Federal Habeas Corpus: An Argument For A Return To First Principles, Larry Yackle
Faculty Scholarship
The exhaustion doctrine in federal habeas corpus contemplates not the relinquishment of federal jurisdiction to determine the merits of federal claims arising in state criminal prosecutions, but the appropriate timing of an undoubted federal power to adjudicate in due course. Simply stated, the doctrine postpones federal review until petitioners have exhausted state judicial remedies still available for the treatment of their federal claims at the time they wish to apply for federal relief. The resulting delay is justified on the twin grounds that earlier federal intervention would disrupt the orderly administration of state criminal prosecutions and deprive the state courts …
The Persistence Of Classical Style, Patrick O. Gudridge
The Persistence Of Classical Style, Patrick O. Gudridge
Articles
No abstract provided.
Western Law And Communist Dictatorship, David F. Forte
Western Law And Communist Dictatorship, David F. Forte
Law Faculty Articles and Essays
To erect an order that can withstand such an attack, all appropriate and legitimate legal resources should be employed. First, individual acts of terror, by whomsoever committed, should be punished, first of all, by municipal criminal legislation. This municipal law should be strengthened by conventions and treaties requiring prosecution or extradition. Second, in addition to individual culpability fastened on soldiers who commit acts of terror, all legitimate responses in international law should be employed by and against the responsible state, including protest, diplomacy, and disciplinary mechanisms. Where the responsible state actually sponsors such actions, retorsion and reprisal should be considered, …
The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar
Book Chapters
In one sense the Warren Court's "revolution" in American criminal procedure may be said to. have been launched by the 1956 case of Griffin v. Illinois (establishing an indigent criminal defendant's right to a free transcript on appeal, at least under certain circumstances) and to have been significantly advanced by two 1963 cases: Gideon v. Wainwright (entitling an indigent defendant to free counsel, at least in serious criminal cases) and Douglas v. California (requiring a state to provide an indigent with counsel on his first appeal from a criminal conviction). But these were not the cases that plunged the Warren …
The Reagan Administration's Habeas Corpus Proposals, Larry Yackle
The Reagan Administration's Habeas Corpus Proposals, Larry Yackle
Faculty Scholarship
"Democracy," said Churchill, "means that if the door bell rings in the early hours, it is likely to be the milkman." He might have added that if the caller is not the milkman, but a police officer, Anglo-American democracy contemplates that the writ of habeas corpus will be available to the citizen awakened and dragged off into the darkness. The Great Writ has no substantive content of its own but provides the machinery for putting claims before state and federal courts-for translating substantive principles of liberty into effective law. The writ is process, but more than process. It is the …
Review Of The Law And Process Of Post-Conviction Remedies By Ira P. Robbins, Larry Yackle
Review Of The Law And Process Of Post-Conviction Remedies By Ira P. Robbins, Larry Yackle
Faculty Scholarship
There are days when the availability of the federal writ of habeas corpus as a vehicle for challenging criminal convictions collaterally seems assured. The arrival of Professor Robbins' new casebook is itself strong, affirmative evidence. At last a major publishing house has acknowledged that the great body of habeas corpus statutes, rules, and precedents warrants a full-length, hard-bound casebook for classroom use. Implicitly, surely, the publisher assumes that the postconviction writ is here to stay, that it forms a stable and legitimate part of our jurisprudence. 3 At the same time, some members of the Court, particularly Chief Justice Burger …
Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter
Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
Publications
No abstract provided.
Beyond Cases: Reconsidering Judicial Review, Janet S. Lindgren
Beyond Cases: Reconsidering Judicial Review, Janet S. Lindgren
Journal Articles
No abstract provided.
Sanctions In The Proposed Amendments To The Federal Rules Of Civil Procedure: Some Questions About Power, Stephen B. Burbank
Sanctions In The Proposed Amendments To The Federal Rules Of Civil Procedure: Some Questions About Power, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.