Digital Commons Network^™

William 0. Douglas: An Appreciation, Abe Fortas

Indiana Law Journal

No abstract provided.

Mr. Justice Douglas, Robert A. Sprecher

Indiana Law Journal

No abstract provided.

Minor Supreme Court Justices: Their Characteristics And Importance, David N. Atkinson

Florida State University Law Review

No abstract provided.

Nixon's Legacy To The Supreme Court: A Statistical Analysis Of Judicial Behavior, S. Sidney Ulmer, John A. Stookey

Florida State University Law Review

No abstract provided.

The Taney Period, 1836-64, David S. Bogen

Faculty Scholarship

No abstract provided.

The World As Reality, As Resource, And As Pretense, Richard Stith

Law Faculty Publications

No abstract provided.

Some Comments On Proposals For Reform Of The Federal Appellate Court System, Terrance Sandalow

Law Quadrangle (formerly Law Quad Notes)

In response to growing concern over the rapidly increasing caseloads of the federal courts of appeal, the 92nd Congress established the Commission on Revision of the Federal Court Appellate System. The Commission was instructed "to study the structure and internal procedures of the federal courts of appeal system" and to recommend such "changes in structure or internal procedure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal courts of appeal...."

In April 1975, the Commission issued a preliminary report of its views. Among the recommendations contained in that report was a proposal that …

Constitutional Common Law, Henry Paul Monaghan

Faculty Scholarship

Mr. Justice Powell has publicly characterized the 1974 Term of the Supreme. Court as a "dull" one. Whatever the accuracy of that description, the 1974 Term was, in the public eye, a quiet one. When, late in the Term, the Court ordered the death penalty case held over for reargument, it ensured that the 1974 Term would generate few front-page testimonials to the supreme authority of the Supreme Court. But neither a dull nor a quiet Term can obscure the current reality that the Court's claim to be the "ultimate interpreter of the Constitution" appears to command more nearly universal …

Abstention: The Supreme Court And Allocation Of Judicial Power, Randall P. Bezanson

Vanderbilt Law Review

In an era of continually expanding federal judicial power, the Supreme Court has fashioned and employed several devices designed to delegate certain classes of federal question litigation to the state court systems. Among these devices are the doctrines of abstention, comity, and exhaustion of state remedies. Implementation of these doctrines has enabled the Supreme Court to maintain state judicial presence in federal question litigation and retain at least the appearance of a manageable federalized judicial structure. This article will attempt to analyze the function of the abstention doctrines as judicially-created tempering devices. Following a brief discussion of the factors that …

Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson

Indiana Law Journal

No abstract provided.

Is A 4-3 Decision Of The United States Supreme Court The "Supreme Law Of The Land"?, Thomas M. Burke

Florida State University Law Review

No abstract provided.

The Court, The Constitution, And Chief Justice Burger, William F. Swindler

Vanderbilt Law Review

Although the constitutional crisis of 1973 has not yet demanded a definitive response from the Supreme Court, it obviously has established a landmark in the ultimate history of Warren Burger's Chief Justiceship. While the unprecedented confrontation between executive and judiciary was not carried beyond the Court of Appeals for the District of Columbia, Burger's old court,' and although the prospective confrontation between executive and Congress did not--at least in its first round-- reach a stage of review on the merits, the questions presented went to the cornerstones of Anglo-American constitutional theory itself. The case of Vice President Agnew raised issues …

Book Review: Antecedents And Beginnings To 1801, David S. Bogen

Faculty Scholarship

No abstract provided.

Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds

Faculty Scholarship

No abstract provided.

Mr. Justice Douglas And The Loneliness Of Long Distance Judging, Peter Westen

Law Quadrangle (formerly Law Quad Notes)

The Supreme Court had recessed last summer when a federal court in July declared the American war in Cambodia unconstitutional, raising the question whether the war should be permitted to continue in the meantime while the government appealed. The question went first to Justice Thurgood Marshall, who refused to act alone, and then to Justice William O. Douglas who was found in hiking boots and jeans at his mountain retreat in Gooseprairie, Washington. Douglas heard argument on both sides and then ordered an immediate halt to the war. He said he was doing what any judge would do under the …

The Behavior Of Justice Douglas In Federal Tax Cases, Marjorie A. Silver, Bernard Wolfman, Jonathan L. F. Silver

Scholarly Works

No abstract provided.

Hart And Wechsler's The Federal Courts And Federal System, Henry Paul Monaghan

Faculty Scholarship

The first edition of Hart & Wechsler's The Federal Courts and the Federal System, published in i953, has deservedly achieved a reputation that is extraordinary among casebooks and, indeed, rare even among learned treatises. Hart & Wechsler I is more than a stimulating collection of cases and basic source material, and its scope is not confined to the operation and functioning of the federal courts in the federal system. Through its extensive notes and its inimitable leading questions, the book constantly raised questions which have "prodded … students and [teachers] to think over their heads about the deepest problems …

Mr. Justice Douglas, Michael I. Sovern

Faculty Scholarship

The American people are always interested in record-breakers, whether it be in the field of sports, politics, economics or any other phase of American life. In sports, it might be a Babe Ruth or a Hank Aaron; in politics, a Lincoln or a Roosevelt; in economics, a Rockefeller or a Ford.

And so it is in the judiciary, whether it be a Marshall, Hughes, Holmes or Brandeis. Most of their records in some respects are related to longevity, but the thrust of our admiration stems not from that fact but from some great contribution to the affairs of their day. …

A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne

Faculty Scholarship

This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.

Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson

Scholarly Publications

No abstract provided.

Toward A Code Of Discovery For Juvenile Delinquency Proceedings, Michael P. Gray

Indiana Law Journal

No abstract provided.

The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills

Scholarly Publications

The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …

Book Review Of The Modern Supreme Court By Robert C. Mccloskey, Edward A. Purcell Jr.

Other Publications

No abstract provided.

Sierra Club V. Morton: Standing Trees In A Thicket Of Justiciability, Patrick L. Baude

Indiana Law Journal

No abstract provided.

The Proposed Amendments To The Federal Rules Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The Supreme Court has approved a uniform code of evidence for all federal courts. Amendments to the Supreme Court's rules are now pending in the House of Representatives. From the point of view of a specialist in the law of evidence, Professor Rothstein analyzes the differences between the Supreme Court's proposals and the House amendments and suggests solutions to these conflicts.

Constitutional Adjudication: The Who And When, Henry Paul Monaghan

Faculty Scholarship

When the newly appointed Justices of the Supreme Court assembled in the Royal Exchange Building in New York for their first session on February 2, 1790, the most farsighted individual could not have foreseen what the future held for this tribunal. Now less than a generation short of its 200th anniversary, the Court is universally acknowledged to be the final and authoritative expositor of the Constitution. Yet after almost two centuries, questions concerning this power of the Court to interpret the Constitution remain. The first set of questions centers on the substantive standards for constitutional adjudication. The second, with which …

Public Employee's Right To A Pre-Termination Hearing Under The Due Process Clause, Rodger C. Field

Indiana Law Journal

No abstract provided.

Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen

Faculty Scholarship

No abstract provided.

Military Juries: Constitutional Analysis And The Need For Reform, Joseph Remcho

Indiana Law Journal

No abstract provided.

Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski

Faculty Scholarship

IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …