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

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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

Publications

No abstract provided.


Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar Jan 1990

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 Jan 1990

“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 Oct 1989

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 Oct 1989

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 Sep 1989

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 Jun 1989

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 Jun 1989

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 Jun 1989

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 Apr 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Oct 1988

Appellate Review Of Refusals To Depart, David Yellen

Articles

No abstract provided.


Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy Oct 1988

Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy

Cardozo Law Review

No abstract provided.


A Justice's Passion, David Cole Oct 1988

A Justice's Passion, David Cole

Cardozo Law Review

No abstract provided.


Wildlife Management: State And Tribal Jurisdiction At Umatilla, Douglas Nash Jun 1988

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 Apr 1988

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 Feb 1988

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 Jan 1988

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 Jan 1988

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 Jan 1988

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 Jan 1988

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 Jan 1988

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.