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Articles 2461 - 2490 of 2528
Full-Text Articles in Entire DC Network
The Professional Bondsman: A State Action Analysis, Jim Michael Hansen
The Professional Bondsman: A State Action Analysis, Jim Michael Hansen
Cleveland State Law Review
Principals who have been subjected to illegal or excessive arrest procedures by the bondsman have secured only minimal redress in state judicial forums upon initiating tort actions founded upon false imprisonment, trespass and assault and battery. This Article will explore how an abused principal can attempt to secure legal redress in the federal forum, utilizing 42 U.S.C. § 1983.
Essay--Affirmative Action: Making Decisions, Thomas D. Barton
Essay--Affirmative Action: Making Decisions, Thomas D. Barton
West Virginia Law Review
No abstract provided.
Constitutional Law-Defamation-The Supreme Court Places Further Limitations On Designation As A "Public Figure" In Libel Actions- Wolston V. Reader's Digest Association, 443 U.S. 147 (1979)
BYU Law Review
No abstract provided.
Constitutional Law-Free Exercise Of Religion-State May Require A Photograph On A Drivers License Though The Licensee's Religious Beliefs Prohibits Photographs Of Any Type--Johnson V. Motor Vehicle Division, 593 P.2d 1363 (Colo. 1979)
BYU Law Review
No abstract provided.
Judicial Restrictions On Attorneys' Speech Concerning Pending Litigation: Reconciling The Rights To Fair Trial And Freedom Of Speech, Sally R. Weaver
Judicial Restrictions On Attorneys' Speech Concerning Pending Litigation: Reconciling The Rights To Fair Trial And Freedom Of Speech, Sally R. Weaver
Vanderbilt Law Review
The constitutionality of restraints on attorneys' speech has been considered by only two federal circuit courts: the Seventh Circuit, in Chicago Council of Lawyers v. Bauer,' and, more recently, the Fourth Circuit, in Hirschkop v. Snead.' Relying on many of the same precedents, the circuits nevertheless developed seemingly contrary standards. This Recent Development compares the analyses of these recent cases and suggests an appropriate standard for the accommodation of the conflicting rights of free speech and a fair trial.
Calculation Of A Reasonable Award Of Attorneys' Fees Under The Attorneys' Fees Awards Act Of 1976, 13 J. Marshall L. Rev. 331 (1980), Bruce C. Dopke
Calculation Of A Reasonable Award Of Attorneys' Fees Under The Attorneys' Fees Awards Act Of 1976, 13 J. Marshall L. Rev. 331 (1980), Bruce C. Dopke
UIC Law Review
No abstract provided.
Minority Preferences In Law School Admissions, Terrance Sandalow
Minority Preferences In Law School Admissions, Terrance Sandalow
Book Chapters
In addressing the subject of "reverse discrimination," I want to caution at the outset against permitting the use of the word "discrimination" to prejudice consideration of the subject. "Discrimination" has, in recent years, become a bad word. It tends to be used as a shorthand for "unjustifiably unequal treatment." In its original and still proper meaning, however, the word is quite neutral. Discrimination merely means differentiation. It comes from a Latin word that means "to distinguish." Accordingly, when we discriminate-i.e., when we differentiate or distinguish-among people, the propriety of our action depends upon the reasons that we have acted as …
Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson
Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson
Michigan Law Review
Legislatures and courts, in weighing the relative advantages of joint and separate trials, have unreasonably struck a balance in favor of joint trials. The strongest justification traditionally offered for joint trials is efficiency. This Article shows that courts have greatly exaggerated the supposed efficiencies of joint trials while grossly underestimating the impediments joint trials pose to fair and accurate determinations of individual guilt or innocence. The propriety of joint trials is more than a question of efficiencies. Joint trials usually, although not always, help the prosecutor to get convictions, and thereby modify the balance of advantage in criminal trials. Disputes …
The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson
The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson
All Master's Theses
At the outbreak of the Civil War the Federal military arrested certain people whose loyalty was suspect. One victim, John Merryman, attempted to free himself by petitioning for a writ of habeas corpus. However, President Lincoln authorized the military to suspend the writ in such cases. The matter came before Chief Justice Taney who disputed the president's authority to suspend the writ and ruled in Merryman's favor. This thesis recounts the history of the habeas corpus process in Anglo-American law and its inclusion in the Constitution, Merryman's role in the first hostilities, his arrest, and the attempt to free him. …
Scott V. Illinois, Lewis F. Powell Jr.
Pamphlet: Women And The Law. April 22, 1978
Pamphlet: Women And The Law. April 22, 1978
Saffy Collection - All Textual Materials
A seminar that explores the legal and humanistic issues concerning women and the law. Produced by the Mayor's advisory commission on the status of women in the City of Jacksonville, Florida.
The Immunity Of Public Defenders Under Section 1983, Ellen Keller
The Immunity Of Public Defenders Under Section 1983, Ellen Keller
Cleveland State Law Review
The Circuit Courts of Appeals that have considered the question of a public defender's liability issue have all held public defenders or court-appointed counsel immune from personal liability for actions taken in the course of representing their clients. This note will examine the ways in which the courts have disposed of these cases, discuss factors that have inclined federal courts to grant immunity to public defenders under section 1983, and weigh the advisability of personal liability for malpractice of those who defend indigent defendants in criminal trials.
The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.
The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.
Faculty Scholarship
The existence of disparities in the sentences imposed on equally culpable offenders has long been a subject of jurisprudential concern. The author provides a critique of recent efforts to objectify the sentencing process that rely on a matrix table prescribing guideline sentence lengths on the basis of offense severity and predictions of recidivism. With particular emphasis on the Sentencing Commission authorized by pending federal legislation, he urges the need for political accountability in the body that inevitably makes value judgments in the preparation and administration of such a guideline system. Finally, the author discusses the normative issues that surround the …
Procedural Due Process And The Convicted Prisoner, 10 J. Marshall J. Of Prac. & Proc. 313 (1977), James A. Pitts
Procedural Due Process And The Convicted Prisoner, 10 J. Marshall J. Of Prac. & Proc. 313 (1977), James A. Pitts
UIC Law Review
No abstract provided.
Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review
Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review
Michigan Law Review
This Note will discuss neither -the wisdom of the express provisions of ICRA nor the desirability of express creation by Congress of a federal civil remedy. The purpose of this Note is, instead, to analyze the bases upon which remedies have been implied by federal courts and to question whether implication is consistent with standards of statutory interpretation appropriate for Indian law. It is contended that the implication of federal civil remedies against Indian governments is improper and that if such remedies are to be created, precedent and policy mandate that they be the product of Congress. The Note will …
Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz
Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz
Buffalo Law Review
No abstract provided.
Prisoner's Rights--The Need For An Inmate Grievance Commission In West Virginia, Thomas W. Kupec
Prisoner's Rights--The Need For An Inmate Grievance Commission In West Virginia, Thomas W. Kupec
West Virginia Law Review
No abstract provided.
Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger
Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger
Faculty Works
No abstract provided.
Book Review Of Disaster By Decree, Charles F. Abernathy
Book Review Of Disaster By Decree, Charles F. Abernathy
Georgetown Law Faculty Publications and Other Works
In Disaster by Decree, and beginning with Brown v. Board of Education, Professor Graglia traces national efforts at school desegregation, constantly pricking the Court's egalitarian balloon with his needle of logic. How can the 1954 Brown decision, he asks, which forbade consideration of race in school assignments, justify current relief decrees that require courts and school boards to consider race? This attack indeed may catch affirmative action proponents at their Achilles' heel, for preferential admissions programs, if not actually spawned by admiration of the courts' desegregation efforts, draw constitutional strength from the courts' own repeated assumption of the …
United States V. Maccollom, Lewis F. Powell Jr.
United States V. Maccollom, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Between Law And Justice: Professor Bittker's Case For Black Reparations, Henry J. Richardson Iii
Between Law And Justice: Professor Bittker's Case For Black Reparations, Henry J. Richardson Iii
Indiana Law Journal
No abstract provided.
Victimless Crime Laws, Evelyn Cheverie
Victimless Crime Laws, Evelyn Cheverie
North Carolina Central Law Review
No abstract provided.
A Guide To Pennsylvania Delinquency Law, Leonard Packel
A Guide To Pennsylvania Delinquency Law, Leonard Packel
Villanova Law Review (1956 - )
No abstract provided.
Conjugal Visitation Rights And The Appropriate Standard Of Judicial Review For Prison Regulations, Michigan Law Review
Conjugal Visitation Rights And The Appropriate Standard Of Judicial Review For Prison Regulations, Michigan Law Review
Michigan Law Review
Conjugal visitation rights allow prison inmates and spouses to visit privately and have sexual relations. A number of countries, particularly in Latin America, permit conjugal visits. Although in the United States only Mississippi and California currently permit conjugal visitation, the experience of these two states shows that such programs are workable. Conjugal visitation has met with varied reaction in the literature, but persuasive arguments have been made that it would offer potential psychological benefits to the prisoner, reduce prison homosexuality, and allow the inmate to preserve his or her marital ties. Nevertheless, the reaction of penal administrators in this country …
Bail In Missouri Revisited, Mark Berger
Bail In Missouri Revisited, Mark Berger
Faculty Works
During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …
Richardson V. Ramirez, Lewis F. Powell Jr.
Richardson V. Ramirez, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
California V. Larue: The Twenty-First Amendment As A Preferred Power, Robert D. Kamenshine
California V. Larue: The Twenty-First Amendment As A Preferred Power, Robert D. Kamenshine
Vanderbilt Law Review
While the twenty-first amendment rationale of LaRue appears to pose a threat to certain individual rights, that amendment has been recognized by at least one state supreme court as a legitimate vehicle for combating racial discrimination in private clubs'--an area of discrimination generally regarded as beyond the reach of government and probably involving fundamental rights of association and privacy. Because of the dual potential of the state power found in the twenty-first amendment and the questionable desirability of the use of that power, this article evaluates the LaRue decision, explores its unusual twenty-first amendment rationale, considers alternative approaches the Court …
A Viable Substitute For The Exclusionary Rule: A Civil Rights Appeals Board, John L. Roche
A Viable Substitute For The Exclusionary Rule: A Civil Rights Appeals Board, John L. Roche
Washington and Lee Law Review
No abstract provided.
An End, And Perhaps A Beginning, Tom C. Clark
An End, And Perhaps A Beginning, Tom C. Clark
Vanderbilt Law Review
As one who has devoted his professional lifetime, now in its fifty-first year, to the development of procedures and techniques for the improvement of the administration of justice, I say that there is no substitute for the original research furnished by the Race Relations Law Survey in the race relations field. It has made the most practical contribution to the improvement of race relations of any publication. One might compare this contribution to that of our law clerks here on the Court, who research and report on state and federal decisions previously made on a given topic. However, the Survey …