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Articles 2221 - 2250 of 2535
Full-Text Articles in Entire DC Network
Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger
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.
State Crime In The Federal Forum, Roger J. Miner '56
State Crime In The Federal Forum, Roger J. Miner '56
Criminal Law
No abstract provided.
A Functional Approach To "General Principles Of International Law", M. Cherif Bassiouni
A Functional Approach To "General Principles Of International Law", M. Cherif Bassiouni
Michigan Journal of International Law
"General Principles of International Law" are among the sources of national and international law' which have long been recognized and applied in disputes between States.2 They were embodied in the Statute of the Permanent Court of International Justice ["PCIJ"], article 38 (I)(3), and in the Statute of the International Court of Justice ["ICJ"], article 38 (1)(c), under the terms "general principles of law recognized by civilized nations." As discussed below, both the PCIJ and ICJ have relied on this source.
The Limits Of A Scientific Jurisprudence: The Supreme Court And Psychology, J. Alexander Tanford
The Limits Of A Scientific Jurisprudence: The Supreme Court And Psychology, J. Alexander Tanford
Indiana Law Journal
No abstract provided.
The Gender Gap On The Federal Bench, Carl W. Tobias
The Gender Gap On The Federal Bench, Carl W. Tobias
Law Faculty Publications
This Commentary evaluates President George H.W. Bush's lackluster record of appointing women to the federal courts. The Commentary initially examines the relevant data on female judicial appointments and assesses why the Bush Administration has placed few women on the bench. It next recommends that President Bush name substantially more women in 1991 and 1992 and explores why and how this endeavor should be instituted. The Commentary then analyzes what the Bush Administration is likely to do about the paucity of female appointees. Because it is not clear that President Bush will place very many women on the federal courts, the …
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Publications
No abstract provided.
Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar
Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar
Articles
In a brief working paper sent to all conference participants, Professor Burt Neuborne suggested that we might consider several themes, among them "Gideon Celebrated," "Gideon Fulfilled," and "Gideon Betrayed." I think these are useful headings.
“Our Federalism” In Pennzoil Co. V. Texaco, Inc. Or How The Younger Doctrine Keeps Getting Older Not Better, Thomas E. Baker
“Our Federalism” In Pennzoil Co. V. Texaco, Inc. Or How The Younger Doctrine Keeps Getting Older Not Better, Thomas E. Baker
Faculty Publications
No abstract provided.
Police Discretion: A Comparative Perspective, Gregory H. Williams
Police Discretion: A Comparative Perspective, Gregory H. Williams
Indiana Law Journal
No abstract provided.
Who’S Afraid Of The Sanction Wolf: Imposing Sanctions On Pro Se Litigants, Donalda Gillies
Who’S Afraid Of The Sanction Wolf: Imposing Sanctions On Pro Se Litigants, Donalda Gillies
Cardozo Law Review
No abstract provided.
Show Trials In China: The Aftermath Of Tiananmen Square, Mark Findlay
Show Trials In China: The Aftermath Of Tiananmen Square, Mark Findlay
Research Collection Yong Pung How School Of Law
After the military massacre in Tiananmen Square on 4 June it came as no surprise that the nominated 'rioters and counter revolutionaries' would soon be paraded before the courts. Even in the People's Republic of China, where a formal criminal court structure is a comparatively recent addition to the social control framework, the trial process is being employed as an immediate state response to community disjuncture and political challenge.
The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy
The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
In McNabb v. United States, the Supreme Court claimed- for the first time in its history-the prerogative of "establishing and maintaining civilized standards of procedure and evidence" in the exercise of "supervisory authority over the administration of criminal justice in the federal courts." Since then, the Court has used this self-declared oversight power on numerous occasions and for a wide variety of purposes, but it has never adequately explained either the provenance or the scope of this type of judicial authority. Lower federal courts have followed suit, on the largely unexamined assumption that they too are endowed with supervisory …
Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy
Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
This Report, the eighth in the Truth in Criminal Justice series, assesses the rules relating to the evidentiary consideration of the defendant's silence. Its general conclusion is that the existing restrictive rules in this area are unjustified impediments to the search for truth. The notion that the fifth amendment's prohibition of compelling a person in a criminal case to be a witness against himself bars drawing adverse inferences from the defendant's silence is not well-founded. In practical effect, these rules impede the conviction of the guilty by barring consideration of an aspect of the defendant's conduct-his failure to respond to …
Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy
Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
This Report carries out a review of the historical development of the federal habeas corpus jurisdiction; examines its contemporary character and operation; and discusses relevant policy considerations. The Report concludes that federal habeas corpus as a post-conviction remedy for state prisoners should be abolished or limited as far as possible. The limited reform proposals that were passed by the Senate in 1984 and that are currently before Congress as Title II of the proposed Criminal Justice Reform Act provide the best immediate prospect for improvement.
Nonpublication In The Eleventh Circuit: An Empirical Analysis, Donald R. Songer, Danna Smith, Reginald S. Sheehan
Nonpublication In The Eleventh Circuit: An Empirical Analysis, Donald R. Songer, Danna Smith, Reginald S. Sheehan
Florida State University Law Review
This Article examines the criteria used by the Eleventh Circuit Court of Appeals in determining whether or not a judicial opinion should be published. Through an empirical study and analysis, the authors conclude that the written rule governing publication offers little guidance to the judges and is often applied inconsistently within the circuit.
Law Clerk Handbook: A Handbook For Law Clerks To Federal Judges, Alvin B. Rubin, Laura B. Bartell
Law Clerk Handbook: A Handbook For Law Clerks To Federal Judges, Alvin B. Rubin, Laura B. Bartell
Law Faculty Research Publications
A handbook "to help law clerks understand tasks they will be asked to undertake and to perform them more effectively," and "to offer one view of practical procedures that may assist both the clerk and the judge in working together." (from the preface)
The Full Court Press: Sacrificing Vital Privacy Interests On The Altar Of First Amendment Rhetoric, Irwin R. Kramer
The Full Court Press: Sacrificing Vital Privacy Interests On The Altar Of First Amendment Rhetoric, Irwin R. Kramer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Witness Preparation, John S. Applegate
Witness Preparation, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann
The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Appellate Review Of Refusals To Depart, David Yellen
Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy
Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy
Cardozo Law Review
No abstract provided.
A Justice's Passion, David Cole
Wildlife Management: State And Tribal Jurisdiction At Umatilla, Douglas Nash
Wildlife Management: State And Tribal Jurisdiction At Umatilla, Douglas Nash
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
11 pages.
The Effectiveness Of Measures To Increase Appellate Court Efficiency And Decision Output, Thomas B. Marvell, Carlisle E. Moody
The Effectiveness Of Measures To Increase Appellate Court Efficiency And Decision Output, Thomas B. Marvell, Carlisle E. Moody
University of Michigan Journal of Law Reform
This Article will examine the effectiveness of measures commonly employed to increase appellate court productivity. Part I of the Article sets forth some common design problems and explains how the research technique employed in the present study avoids these problems by using a multiple time-series research design. Part II applies this design to state court data. Part II also describes the dependent variable, the number of appeals decided per judge, used in the regression analysis. Part III discusses the results of that analysis-the impact of each change listed above on judicial productivity. The Article, although not advocating the adoption of …
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
Michigan Law Review
This article attempts that task by exploring the elements of institutional choice in constitutional law. Part I takes an overview of the general division of decisionmaking responsibility between the political processes and the courts. It also examines the failures of existing theories to take account of this division of responsibility. Part II identifies two theories of political malfunction - those circumstances in which political processes are subject to significant doubt or distrust and, therefore, prime candidates for judicial review. Part III examines the characteristics - limits, biases, and abilities - of the judiciary and the potential for judicial response to …
Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank
Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank
Faculty Articles and Other Publications
Although procedural due process requirements govern the proof of a violation in a probation revocation hearing, judges exercise almost total discretion in deciding what sanctions to impose once a violation is established. These postsentence judgments can be as important as the initial sentencing. Sanctions for even minor probation violations can range from obligating a probationer to meet with his probation officer more frequently to executing a suspended prison sentence. The Supreme Court recognized in Morrissey v. Brewer that the choice of sanctions is often more complex than the proof of a violation. Principles must be developed to regulate postsentence sentencing. …
Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56
Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
Consequences Of Federalizing Criminal Law, Roger J. Miner '56
Consequences Of Federalizing Criminal Law, Roger J. Miner '56
Criminal Law
No abstract provided.
Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones
Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones
UIC Law Review
No abstract provided.
The Prosecutor's Obligation To Grant Defense Witness Immunity, Bennett L. Gershman
The Prosecutor's Obligation To Grant Defense Witness Immunity, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The author enumerates the three most common situations in which the courts have required the prosecutor to offer immunity to defense witnesses: (1) to safeguard the defendant's right to essential exculpatory testimony; (2) where the use of the prosecutor's powers to grant immunity causes such distortion in the fact-finding process as to require granting immunity to defense witnesses; and (3) where immunity is required to remedy prosecutory misconduct such as the intimidation of witnesses. The use of the "missing witness" instruction to avoid reaching the constitutional issue is also discussed.