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Articles 2341 - 2370 of 2535
Full-Text Articles in Entire DC Network
The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan
The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan
Law Faculty Scholarship
No abstract provided.
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Irma S. Russell, Arthur J. Stanley Jr.
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Irma S. Russell, Arthur J. Stanley Jr.
Faculty Law Review Articles
A history of the Tenth Circuit Court of Appeals, which was created by dividing the Eighth Circuit, the only time geographical boundaries had been altered since the present federal circuit court system was instituted in 1891.
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Arthur J. Stanley, Irma S. Russell
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Arthur J. Stanley, Irma S. Russell
Faculty Works
A history of the Tenth Circuit Court of Appeals, which was created by dividing the Eighth Circuit, the only time geographical boundaries had been altered since the present federal circuit court system was instituted in 1891.
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Articles by Maurer Faculty
No abstract provided.
On Recognizing Variations In State Criminal Procedure, Jerold H. Israel
On Recognizing Variations In State Criminal Procedure, Jerold H. Israel
Articles
Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …
Court Rulemaking In Washington State, Hugh D. Spitzer
Court Rulemaking In Washington State, Hugh D. Spitzer
Articles
Reviews the history and approach to court rule making in Washington State. Critiques the Washington Supreme Court’s weakening of the Judicial Council and the Court’s assumption of control of aspects of rulemaking that might better be handled by a Judicial Council or the Legislature.
Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker
Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker
Faculty Publications
No abstract provided.
The Training Of Court Managers, Harvey E. Solomon
The Training Of Court Managers, Harvey E. Solomon
BYU Law Review
No abstract provided.
Federal Review, Finalty Of State Court Decisions, And A Proposal For A National Court Of Appeals-A State Judge's Solution To A Continuing Problem, James Duke Cameron
Federal Review, Finalty Of State Court Decisions, And A Proposal For A National Court Of Appeals-A State Judge's Solution To A Continuing Problem, James Duke Cameron
BYU Law Review
No abstract provided.
Circuit Council Reform: A Boat Hook For Judges And Court Administrators, Michael J. Remington
Circuit Council Reform: A Boat Hook For Judges And Court Administrators, Michael J. Remington
BYU Law Review
No abstract provided.
Warren E. Burger And The Administration Of Justice, Edward A. Tamm, Paul C. Reardon
Warren E. Burger And The Administration Of Justice, Edward A. Tamm, Paul C. Reardon
BYU Law Review
No abstract provided.
The Federal Judiciary-Inflation, Malfunction, And A Proposed Course Of Action, Damiel J. Meador
The Federal Judiciary-Inflation, Malfunction, And A Proposed Course Of Action, Damiel J. Meador
BYU Law Review
No abstract provided.
Using Technology To Improve The Administration Of Justice In The Federal Courts, Charles W. Nihan, Russell R. Wheeler
Using Technology To Improve The Administration Of Justice In The Federal Courts, Charles W. Nihan, Russell R. Wheeler
BYU Law Review
No abstract provided.
From Estes To Chandler: Shifting The Constitutional Burden Of Courtroom Cameras To The States, Margot Pequignot
From Estes To Chandler: Shifting The Constitutional Burden Of Courtroom Cameras To The States, Margot Pequignot
Florida State University Law Review
No abstract provided.
United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis
United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis
West Virginia Law Review
No abstract provided.
Beyond Custody: Expanding Collateral Review Of State Convictions, Timothy C. Hester
Beyond Custody: Expanding Collateral Review Of State Convictions, Timothy C. Hester
University of Michigan Journal of Law Reform
This article advocates extension of collateral review to embrace all parties alleging deprivation of federally guaranteed rights in the state criminal process, regardless of whether the party fulfills the habeas corpus custody requirement. Part I assesses the sufficiency of Supreme Court certiorari jurisdiction to monitor adequately state adjudications of federal constitutional rights, coupled with an evaluation of the technical competency and institutional posture of state courts. Part II examines the significance of the custody limitation on collateral review, both as a substantive element of habeas corpus relief and as a mechanism for funnelling limited judicial resources. Part III presents two …
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
In Memory Of Monrad G. Paulsen, Marvin E. Frankel
In Memory Of Monrad G. Paulsen, Marvin E. Frankel
Cardozo Law Review
No abstract provided.
Punitive Damages And Double Jeopardy: A Critical Perspective Of The Taber Rule, Doyal E. Mclemore Jr.
Punitive Damages And Double Jeopardy: A Critical Perspective Of The Taber Rule, Doyal E. Mclemore Jr.
Indiana Law Journal
No abstract provided.
The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman
The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman
Buffalo Law Review
No abstract provided.
Can The Federal Courts Keep Order In Their Own House? Appellate Supervision Through Mandamus And Orders Of Judicial Councils, Brent D. Ward
Can The Federal Courts Keep Order In Their Own House? Appellate Supervision Through Mandamus And Orders Of Judicial Councils, Brent D. Ward
BYU Law Review
No abstract provided.
The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review
The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review
Michigan Law Review
A Book Notice about The Process Is the Punishment: Handling Cases in a Lower Criminal Court by Malcolm M. Feeley
The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein
The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein
Villanova Law Review (1956 - )
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 …
Juror Self-Disclosure In The Voir Dire: A Social Science Analysis, David Suggs, Bruce D. Sales
Juror Self-Disclosure In The Voir Dire: A Social Science Analysis, David Suggs, Bruce D. Sales
Indiana Law Journal
No abstract provided.
Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley
Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley
Scholarly Works
In 1878 Cardaillac defined extradition as “the right for a State on the territory of which an accused or convicted person has take refuge, to deliver him up to another State wich has requisitioned his return and is competent to judge and punish him.” The term “extradition” was imported to the United States from France, where the decret-loi of Febraury 19, 1791, appears to be the first official document to have used the term. The term is not found in treaties or conventions until 1828. The Latin equivalent to extradition, “tradere”, is not found in early Latin works, but the …
Racketeers, Congress, And The Courts: An Analysis Of Rico, Craig M. Bradley
Racketeers, Congress, And The Courts: An Analysis Of Rico, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Race And Sentencing Equality In Kentucky, Robert L. Hurley
Race And Sentencing Equality In Kentucky, Robert L. Hurley
Masters Theses & Specialist Projects
Disparity in sentencing felons based on racial considerations has long has been considered a problem for civil libertarians and scholars alike. Examining data gathered in Kentucky, this thesis addresses this issue through the application of recently developed methodological techniques. Utilizing an index of sentencing equality, this study shows that while differences do exist in black and white offender offense characteristics, these differences do not account for the variations in sentences rendered in cases of white as opposed to black felons. This exploratory research reviews and critiques previous research and provides evidence which should prove useful in resolving the problem of …
Inconsistency In The United States Courts Of Appeals: Dimensions And Mechanisms For Resolution, Stephen L. Wasby
Inconsistency In The United States Courts Of Appeals: Dimensions And Mechanisms For Resolution, Stephen L. Wasby
Vanderbilt Law Review
This Article is based on an extensive study of the United States Courts of Appeals for the Eighth and Ninth Circuits that focused on two interrelated questions. The first question was how judges in geographically large circuits communicate with each other when they are not all stationed in the same city.' The focus of this Article is on the second question-the problem of intracircuit inconsistency. The study is based on largely open-ended interviews with the Ninth Circuit's active-duty and senior circuit judges and with some active-duty and senior district judges who had sat most frequently with the court of appeals …
Time Standards For Justice, Shimon Shetreet
Time Standards For Justice, Shimon Shetreet
Dalhousie Law Journal
The machinery of justice is under great pressures both popular and professional to expedite justice. While the attainment of expeditious justice is a generally accepted goal, the meaning of expeditious justice is unsettled and ambiguous. The struggle for expediting justice may have a limited significance if the goal is expressed in ambiguous and general terms. Hence it is important to go beyond the words, to establish standards for expeditious justice and as far as practicable, to express them in numerical terms. The purpose of this paper is to examine the possible reference points for measuring court delay and to discuss …