Law Commons^™

The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford

Cornell Law Faculty Publications

The Massachusetts Supreme Court has recently ruled that decisions about withholding care from hopelessly ill, legally incapacitated patients must be made by judges. It clearly rejected the view that families and attending physicians should be empowered to make such decisions. In this respect, the ruling contrasts with that of the Quinlan case and highlights the issue of whether judges or physicians and families are better able to make medically and morally sound decisions respecting this class of patients.

The Influence Of Jury Deliberation On Juror Perception Of Trial, Credibility, And Damage Awards, S. Femi Sonaike

BYU Law Review

No abstract provided.

Tribal Sovereignty And The Supreme Court's 1977-1978 Term

BYU Law Review

No abstract provided.

Marquette National Bank Of Minneapolis V. First Of Omaha Service Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Leroy V. Great Western United Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Wilson V. Omaha Indian Tribe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Addington V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Infliction Of Emotional Distress As An Independent Tort: The Necessity Of Physical Injury - Mcdowell V. Davis, 33 N.C. App. 529, 235 S.E. 2d 896 (1977), Wayne O. Clontz

North Carolina Central Law Review

No abstract provided.

The Expanding Role Of The West Virginia Supreme Court Of Appeals In The Review Of Workmen's Compensation Appeals, David M. Flannery, Joseph S. Beeson, M. Ann Bradley, Richard P. Goddard

West Virginia Law Review

The November elections of 1976 brought about a major change in the composition of the West Virginia Supreme Court of Appeals. Three new justices, a majority of the court, were elected. The consequences of the election have been widely felt throughout the State. In no area has its impact been greater, however, than in the area of workmen's compensation law. The court has shown a great willingness to hear workmen's compensation appeals. In reviewing such appeals, the court has chosen to play an active role in the review of evidence, something generally avoided by prior courts. There has been little …

Disqalification Of Justices And The Constitutional Status Of The Judicial Budget: State Ex Rel. Bagley V. Blankenship, Kathleen Duffield

West Virginia Law Review

No abstract provided.

Federal Courts As State Reformers, Paul J. Mishkin

Washington and Lee Law Review

No abstract provided.

Reform Of Court Rule-Making Procedures., Charles Alan Wright

St. Mary's Law Journal

Abstract Forthcoming.

United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr.

BYU Law Review

No abstract provided.

Justice John Paul Stevens : A11 Initial Assessment, Branch Y. Ball, Thomas M. Uhlma

BYU Law Review

No abstract provided.

Should Oral Argument On Appeal Be Abolished Unless Requested By The Court?, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.

Securities Commentary, Roberta S. Karmel, John P. Ketels

Faculty Scholarship

No abstract provided.

Young Adults As A Cognizable Group In Jury Selection, Donald H. Zeigler

Michigan Law Review

In support of its thesis, this Article presents what the literature has failed to provide: a comprehensive analysis of the concept of cognizability and empirical data. Part I traces the history of cognizability; identifies the sources of the cross-sectional right; and defines the criteria of cognizability, drawing special attention to the interests which a designation of cognizability protects. Part I also discusses the different approaches courts have taken to cognizability and suggests several factors which may explain the many treatments of the concept.

Part II reviews the case law concerning the cognizability of young adults in particular. That Part also …

The Proposed Federal Rules Of Evidence: Of Privileges And The Division Of Rule-Making Power, Michigan Law Review

Michigan Law Review

This Note proposes that the lower federal courts accord the same binding authority to the Proposed Rules that they give those judicially promulgated procedural rules, such as the Federal Rules of Civil Procedure, that have been implicitly approved by Congress.

Part I of the Note analyzes the constitutional division of the rule-making power by examining both the policy considerations involved and the relevant constitutional language and doctrines. That examination indicates that the power to establish such rules is shared by Congress and the Supreme Court. To determine when that power is appropriately exercised by one branch rather than the other, …

Niaoara Mohalllk Poser Corp. V. Bloomfield Buildina Wreckers, Inc. | Wardell V. Superintendent, Woodbourne Correctional Facility | Kean V. Schmitt, Et Al | Kozachuk V. Helvetia Construction Corp., Roger J. Miner '56

1976-1981 State Reporter Decisions

No abstract provided.

Voiceprints, D. M. Stotland, G. O. Brown

Dalhousie Law Journal

The use of the voiceprint technique of speaker indentification was first suggested in 1962 by a Mr. Lawrence Kersta who was at that time a worker at the Bell Research Laboratories in the United States of America. 1 Since that time, the technique has been subject to a great deal of legal and scientific controversy in the United States. The desire of the authors to write this article stems from the fact that very recently the technique has been considered twice by courts in Canada, albeit only at the trial level.2 In both cases expert opinion based on voiceprint analysis …

R. V. O'Brien – Declarations Against Penal Interest As An Exception To The Hearsay Rule, C. Beckton

Dalhousie Law Journal

The development of the law of Evidence has evolved primarily by judicial decision into a system which cannot be rationally put together in a logical whole. The rules developed in myriads of cases which later judges believed bound them by virtue of the doctrine of stare decisis, and which also demanded that they avoid the absurdities or injustices which the simple application of these rules would produce. In their efforts to avoid this problem, judges have created refinements and exceptions to the earlier rules. In recent times the courts have even occasionally departed from previous decisions with a clear statement …

The Evolution Of State Supreme Courts, Robert A. Kagan, Bliss Cartwright, Lawrence M. Friedman, Stanton Wheeler

Michigan Law Review

Part I of this Article describes in broad quantitative terms the changing relationship between the caseload of supreme courts and the population of the states in which these courts sit. Part II examines the various means states used to control supreme court caseloads, the political problems involved, and the types of courts that have resulted. Part III presents evidence that changes in court organization in response to caseload pressure are accompanied by changes in the kinds of cases state supreme courts hear, the style of their opinions, and the results of the cases.

Is Justice Delayed? A Report From The Court Administrator, C. R. Huie, G. Lawrence Jegley

University of Arkansas at Little Rock Law Review

No abstract provided.

Appellate Justice, Ruggero J. Aldisert

University of Michigan Journal of Law Reform

Justice on Appeal is a pithy analysis of the problem facing appellate courts. Dragon hunters Carrington, Meador, and Rosenberg were not content to look at the problem from an armchair. Instead, they walked to the mouth of the cave; pulled the troublesome dragon into the light, counted its teeth, measured its girth and tail, and decided neither to kill it nor kiss it. They decided to try taming it. I agree with their analysis of the specimen, its size, its growth, and the urgent necessity to bring the beast under control. I have some modest disagreements with some of their …

Justice On Appeal—One Way Or Many?, Michael E. Smith

University of Michigan Journal of Law Reform

After two centuries of our nation's existence, discussions of federalism are certain to sound familiar. The ground of argument has been worked so thoroughly, there is hardly a patch left unturned. Conventional watchwords suggest the competing interests: adaptability to local circumstances contrasted with efficiencies of scale, circumscribed experimentation contrasted with prevention of forum-shopping, local self-government contrasted with the cosmopolitan perspective. The most that can be done now, absent exceptional insight, is to display these choices in a fresh context.

What follows is yet another variation on the theme. It concerns the propriety, perhaps the desirability, of diversity among the federal …

The Trial Transcript—An Unnecessary Roadblock To Expeditious Appellate Review, William H. Erickson

University of Michigan Journal of Law Reform

A number of innovations have been made in the appellate process which expedite appeals and tend to eliminate the need for a trial transcript. The American Bar Association Standards Relating to Judicial Administration and Standards Relating to Criminal Justice have provided the procedural means for improving our entire system of criminal justice. This article explores some innovations in the appellate process which eliminate the need for a complete record on appeal and discusses the various means to obtain a record of the proceeding in the trial court.

Small Claims In Arkansas: A Judicial Comment, Joel C. Cole

University of Arkansas at Little Rock Law Review

No abstract provided.

Judicial Administration And Invisible Justice, Mary Murphy Schroeder

University of Michigan Journal of Law Reform

My theme here is the conflict between the visibility of the appellate judge and recent procedural changes designed to cope with the quantum leaps in the numbers and complexity of cases. I will develop that theme, first, by suggesting the ways that three of the major controls on the system, namely the selection, evaluation, and discipline of judges, depend upon the exercise of recognizable and individual judicial responsibility; second, by illustrating how this "imperative" can be undermined if devices intended to cope with increased volume are adopted without vigilance; and finally by pointing up some approaches to permit courts to …

Fourth Circuit Review

Washington and Lee Law Review

No abstract provided.

Federal Courts-Rules Of Civil Procedure-Postjudgment Motion To Intervene To Appeal Denial Of Class Certification Is Timely-United Airlines, Inc. V. Mcdonald

BYU Law Review

No abstract provided.