Digital Commons Network^™

Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger

UIC Law Review

No abstract provided.

Systemic Due Process: Procedural Concepts And The Problem Of Recusal, 38 U. Kan. L. Rev. 381 (1990), Paul B. Lewis

UIC Law Open Access Faculty Scholarship

No abstract provided.

Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman

Publications

No abstract provided.

Who’S Afraid Of The Sanction Wolf: Imposing Sanctions On Pro Se Litigants, Donalda Gillies

Cardozo Law Review

No abstract provided.

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …

The Role Of The Courts In Providing Legal Services: A Proposal To Provide Legal Access For The Poor, Talbot D'Alemberte

Florida State University Law Review

In a legal system as complex as America's, representation by counsel is often necessary for an individual to fully enjoy the right of access to the courts. Yet the high cost of legal representation, necessary for the protection of legal rights and for the just administration of the legal system, often places such representation beyond the reach of the poor. In this Introduction to the Petition that follows, Talbot (Sandy) D'Alemberte outlines the basis of the right to access to the judicial system and suggests a procedure by which this right can be effectively realized.

Lawyer Turf And Lawyer Regulation—The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram

University of Arkansas at Little Rock Law Review

No abstract provided.

Lawyers As Officers Of The Court, Eugene R. Gaetke

Vanderbilt Law Review

In its public assertions, the legal profession promotes a different model: lawyers are officers of the court in the conduct of their professional, and even their personal," affairs. The organized bar has expressly emphasized this obligation in each of its major codifications of the ethical obligations of the profession, including the American Bar Association's most recent effort, the 1983 Model Rules of Professional Conduct.

Lawyers like to refer to themselves as officers of the court. Careful analysis of the role of the lawyer within the adversarial legal system reveals the characterization to be vacuous and unduly self-laudatory. It confuses lawyers …

When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

In order to stimulate scholarly discussion, this Essay presents an empirical account of the Greensboro incident from the perspective of those who participated in the episode and in the resulting civil rights trial. The Essay traces the circumstances leading to the violence and reviews the resultant litigation with special attention given to the role of the trial judge in politically volatile cases. The candid reflections offered by the trial judge and other participants allow the reader to examine both the event and the litigation, not merely in the abstract, but as implemented by flesh-andblood lawyers, litigants, and judges. .

Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.

Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements; financing; mineral …

A Distorted Mirror: The Supreme Court's Shimmering View Of Summary Judgment, Directed Verdict, And The Value Of Adjudication, Jeffrey W. Stempel

Scholarly Works

As almost anyone alive during the past decade knows, this is the era of the ‘litigation explosion,’ or there is at least the perception that a litigation explosion exists. Although all agree that the absolute number of lawsuits has increased in virtually every corner of the state and federal court systems, there exists vigorous debate about whether the increase is unusual in relative or historical terms and even more vigorous debate about whether the absolute increase in cases symbolizes the American concern for fairness and justice or represents a surge in frivolous or trivial disputes needlessly clogging the courts. As …

Book Review. Privatization And The New Formalism: Making The Courts Safe For Bureaucracy, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Out-Of-State Attorney Fee Forfeiture, Lawrence A. Cunningham

Cardozo Law Review

No abstract provided.

Psychiatric Assistance For Indigent Defendants Pleading Insanity: The Michigan Experience, Paul Zisla

University of Michigan Journal of Law Reform

The federal government and many states already provide psychiatric assistance to indigent defendants pleading insanity. Michigan's statutory scheme for delivering this service presents an opportunity to evaluate an approach that generally favors defendant interests in areas left unresolved by Ake. This Note undertakes that evaluation. Part I summarizes the Ake decision, key problem areas, and the research methodology. Part II describes the Michigan statutory system. Part III evaluates that system using data from interviews with legal and psychiatric practitioners and considers the consequences of Michigan's approach to the issues posed by Ake. The evaluation shows that Michigan's system …

Bounds And Beyond: A Need To Reevaluate The Right Of Prisoner Access To The Courts, Steven D. Hinckley

University of Richmond Law Review

There is little doubt that a prisoner's most important right is access to the courts. Without access, prisoners have neither a forum in which to question the conditions and constitutionality of their confinement, nor an arena in which to seek vindication of other alleged rights violations. Therefore, the right of access is the foundation upon which other prisoners' rights are built.

Change In The Availability Of Federal Habeas Corpus: Its Significance For State Prisoners And State Correctional Programs, Franklin J. Remington

Michigan Law Review

Expressions of dissatisfaction with state prisoner use of federal writs of habeas corpus continue. Recently Attorney General Meese was reported as telling the Judicial Conference of the Seventh Circuit: "[M]ost of the writs filed today were frivolous 'recreational activities' [by inmates whom he referred to as 'lawyers in penitentiaries'] designed to harass federal authorities." Referring to the Reagan administration's proposal pending in the United States Senate to restrict habeas corpus, Mr. Meese said the bill "would preserve the great writ for appropriate cases."

Repeated, but as yet unsuccessful, efforts have been made in the Congress to narrow the scope of …

Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56

Constitutional Law

No abstract provided.

Federal Courts At The Crossroads, Roger J. Miner '56

Bar Associations

No abstract provided.

Award Of The Costs Of Taking An Appeal In The Third Circuit, Ellen Wertheimer

Villanova Law Review (1956 - )

No abstract provided.

Virginia Should Open Its Courthouse Doors To Review Administrative Decisions Involving Public Assistance, Christopher Allen Stump, Jill A. Hanken

University of Richmond Law Review

Virginia's courts interpret the Virginia Administrative Process Act (VAPA) to prohibit judicial review of administrative decisions that grant or deny public assistance funds. Virginia is therefore one of only three states which fail to provide judicial review of such decisions. This article advocates judicial review of public assistance hearing decisions on the basis of principles of statutory construction and constitutional law. The article concludes that Virginia's minority status indicates a failure to meet traditional notions of fairness.

Erisa Preemption: Judicial Flexibility And Statutory Rigidity, Leon E. Irish, Harrison J. Cohen

University of Michigan Journal of Law Reform

This Article attempts to describe the ways in which, and the reasons why section 514(a) has caused the courts and Congress so much difficulty. Part I reviews the legislative history of section 514(a), with emphasis on the ambivalence Congress has shown toward its 1974 draftsmanship. Part II attempts to provide a coherent description of the case law that has developed under section 514(a). Part III completes the legislative history by examining the two instances in which experience compelled Congress to revise section 514. Finally, Part IV discusses examples of problems courts have faced when crafting a federal common law of …

Forcing Attorneys To Represent Indigent Civil Litigants: The Problems And Some Proposals, Greg Stevens

University of Michigan Journal of Law Reform

This Note argues that uncompensated court appointments represent an unsatisfactory means to provide counsel for indigents. Part I discusses the policy arguments for and against forced, uncompensated court appointments. Part I concludes that the arguments against these appointments outweigh the arguments in favor of them. Part II argues that they violate the Constitution's prohibitions against uncompensated takings and involuntary servitude. Part III offers a proposal that would provide effective representation for indigent civil litigants, while avoiding infringement of attorneys' constitutional rights.

Agenda: The Federal Impact On State Water Rights, University Of Colorado Boulder. Natural Resources Law Center

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

Conference organizers and/or speakers included University of Colorado School of Law professors James N. Corbridge, Jr., David H. Getches, Lawrence J. MacDonnell and Richard B. Collins.

In general, water rights are a matter of state law. However, the availability and development of water are affected by important federal rights, policies and programs. In this conference, an outstanding group of private practitioners, government representatives and academics consider this important topic.

The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader

UIC Law Review

No abstract provided.

A Modest Proposal For A Change In Maryland's Statutes Quo, Melvin J. Sykes

Maryland Law Review

No abstract provided.

From O'Callahan To Chappell: The Burger Court And The Military, Stephen J. Kaczynski

University of Richmond Law Review

In 1969, the United States was deeply committed to a ground war in Southeast Asia in which the suffering and death was brought home daily to the American television viewer. Distrust of the military was never higher, as the repeated assertions of the imminent collapse of the enemy had apparently been graphically belied a year earlier in the Tet Offensive. As a newly elected President pledged to bring "peace with honor" to a war which seemed amenable to neither, Justice Douglas announced the decision of the Court in O'Callahan v. Parker.

Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun

Publications

No abstract provided.

The Inherent Power Of The Courts To Regulate The Practice Of Law: An Historical Analysis, Thomas M. Alpert

Buffalo Law Review

No abstract provided.

Judicial Reform: Setting The Prairies Afire, Monroe G. Mckay

Michigan Law Review

A Review of A Blueprint for Judicial Reform edited by Patrick B. McGuigan and Randall R. Rader

How Consumer Remedies Fail, Bryant G. Garth

Michigan Law Review

A Review of No Access to Law: Alternatives to the American Judicial System edited by Laura Nader