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1981

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Articles 1 - 30 of 59

Full-Text Articles in Law

Trial Court Efficiency, Assembly Committee On Judiciary Dec 1981

Trial Court Efficiency, Assembly Committee On Judiciary

California Assembly

No abstract provided.


Justice, Bureaucracy, And Legal Method, Jospeh Vining Dec 1981

Justice, Bureaucracy, And Legal Method, Jospeh Vining

Articles

In the real world justice denied is not justice. Talking from the beginning about access to justice, rather than simply justice, emphasizes in a salutary way this commonplace of citizen and client. Justice that is inaccessible, delayed, refused does not just sit there glowing like a grail, which those separated from it may contemplate and yearn for. It is only in imagining that justice is available to someone, and in imagining what it would be like to be that someone, that one can see the thing as justice at all. To put it in economic terms, justice is not a …


A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards Dec 1981

A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards

Michigan Law Review

At the recent Inaugural Lecture of the University of Windsor's Distinguished Scholars Program on Access to Justice, my former law teaching colleague, Professor Joseph Vining, delivered a speech entitled Justice, Bureaucracy, and Legal Method. Because, in my view, Professor Vining's address raised some disturbing questions, and some seriously misguided suggestions, about the growth of bureaucracy in the courts and the delivery of justice, I believe that a response is appropriate.


State Funding Of The Trial Courts, Assembly Committee On Judiciary Nov 1981

State Funding Of The Trial Courts, Assembly Committee On Judiciary

California Assembly

No abstract provided.


Interlocutory Appeal Of Orders Granting Or Denying Stays Of Arbitration, Michigan Law Review Nov 1981

Interlocutory Appeal Of Orders Granting Or Denying Stays Of Arbitration, Michigan Law Review

Michigan Law Review

This Note attempts to resolve the conflict among the courts of appeals by examining the interests affected by orders granting and denying stays of arbitration. Part I considers the appealability of such orders under the collateral order doctrine developed by the Supreme Court in Cohen v. Beneficial Industrial Loan Corp. This doctrine permits interlocutory appeal of final orders adjudicating an important right that is collateral to the merits of the case and effectively unreviewable in a final judgment appeal. Part II considers whether orders on motions for stays of arbitration are reviewable as orders granting or refusing injunctions under …


Federal Appeals Court's State Law Ruling Entitled To Conclusive Deference: Factors Etc., Inc. V. Pro Arts, Inc., J. Stanton Curry Nov 1981

Federal Appeals Court's State Law Ruling Entitled To Conclusive Deference: Factors Etc., Inc. V. Pro Arts, Inc., J. Stanton Curry

BYU Law Review

No abstract provided.


Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert Nov 1981

Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert

Michigan Law Review

When a fundamental constitutional right is at issue, it is admittedly difficult for the Court to treat the lower courts as laboratories. But if the constitutional right turns on empirical questions, it is better to wait for knowledge than to rush toward a judgment that may later be shown to have vitiated an important right across all circuits. If the Court feels compelled to resolve the conflict, the better decision - if empirical issues are seen as central - is to sustain the right to jury trial regardless of complexity. Sustaining that right will allow courts and researchers to collect …


Court Of Appeal Efficiency, Assembly Committee On Judiciary, Assembly Committee On Criminal Justice Oct 1981

Court Of Appeal Efficiency, Assembly Committee On Judiciary, Assembly Committee On Criminal Justice

California Assembly

No abstract provided.


Miner Becomes U.S. Judge Today (Times Union), Times Union Oct 1981

Miner Becomes U.S. Judge Today (Times Union), Times Union

News Articles

No abstract provided.


Impeachment: The Dilemma Of The Defendant-Witness In North Carolina, Thomas C. Manning Oct 1981

Impeachment: The Dilemma Of The Defendant-Witness In North Carolina, Thomas C. Manning

North Carolina Central Law Review

No abstract provided.


Failure To Communicate And Effective Assistance Of Counsel: State V. Hutchins, Marvin Sparrow Oct 1981

Failure To Communicate And Effective Assistance Of Counsel: State V. Hutchins, Marvin Sparrow

North Carolina Central Law Review

No abstract provided.


Edgar V. Mite Corp., Lewis F. Powell Jr. Oct 1981

Edgar V. Mite Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Ross, Lewis F. Powell Jr. Oct 1981

United States V. Ross, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr. Oct 1981

Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


California V. Grace Brethren Church, Lewis F. Powell Jr Oct 1981

California V. Grace Brethren Church, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau Oct 1981

The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau

University of Michigan Journal of Law Reform

This Note thus presents a vivid illustration of how the recognition of legal rights sometimes may depend wholly upon the efficacy of awarding relief. Parts I and II survey the 1980 census challenges and explore whether the 1980 litigants presented sound grievances. Part III argues that the 1980 census challengers may have failed because the reviewing courts could envision no feasible remedies for their injuries, and not because the challengers presented flawed legal and constitutional arguments. Finally, part IV criticizes the courts for dismissing the census challenges without confronting or acknowledging the gravity of the constitutional injuries threatened by census …


Book Review Of Courts Of Appeal In The Federal Judicial System: A Study Of The Second, Fifth, And District Of Columbia Circuits, Peter G. Fish Oct 1981

Book Review Of Courts Of Appeal In The Federal Judicial System: A Study Of The Second, Fifth, And District Of Columbia Circuits, Peter G. Fish

William & Mary Law Review

No abstract provided.


Minnesota Rag, Terry Clayton Paulson Oct 1981

Minnesota Rag, Terry Clayton Paulson

University of Arkansas at Little Rock Law Review

No abstract provided.


Piper Aircraft V. Reyno, Lewis F. Powell Jr. Sep 1981

Piper Aircraft V. Reyno, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Training Of Court Managers, Harvey E. Solomon Sep 1981

The Training Of Court Managers, Harvey E. Solomon

BYU Law Review

No abstract provided.


Judicial Administration-The Human Factors, Howard T. Markey Sep 1981

Judicial Administration-The Human Factors, Howard T. Markey

BYU Law Review

No abstract provided.


The Federal Judiciary-Inflation, Malfunction, And A Proposed Course Of Action, Damiel J. Meador Sep 1981

The Federal Judiciary-Inflation, Malfunction, And A Proposed Course Of Action, Damiel J. Meador

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 Sep 1981

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.


Fifth Circuit Court Of Appeals Reorganization Act Of 1980, Robert A. Ainsworth Jr. Sep 1981

Fifth Circuit Court Of Appeals Reorganization Act Of 1980, Robert A. Ainsworth Jr.

BYU Law Review

No abstract provided.


Using Technology To Improve The Administration Of Justice In The Federal Courts, Charles W. Nihan, Russell R. Wheeler Sep 1981

Using Technology To Improve The Administration Of Justice In The Federal Courts, Charles W. Nihan, Russell R. Wheeler

BYU Law Review

No abstract provided.


Circuit Council Reform: A Boat Hook For Judges And Court Administrators, Michael J. Remington Sep 1981

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 Sep 1981

Warren E. Burger And The Administration Of Justice, Edward A. Tamm, Paul C. Reardon

BYU Law Review

No abstract provided.


James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry Jul 1981

James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry

Indiana Law Journal

No abstract provided.


Interstitial Lawmaking: Uniformity Or Conformity?, Lillian Harris Lockary Jul 1981

Interstitial Lawmaking: Uniformity Or Conformity?, Lillian Harris Lockary

Mercer Law Review

When Congress does not fully address the substantive law contemplated by a statute, federal courts have the responsibility to fashion a governing rule of decision according to their own standards-the conflict of laws rules of the forum. More precisely, the task of judicial legislation could be labeled one of interstitial lawmaking, of interpreting an indeterminate statute, rather than conflict of law. If subject matter jurisdiction is founded on a federal statute, and not diversity of citizenship, the source of law for the litigation is federal, and the rule of Erie R.R. v. Tompkins, that state law applies of its …


Beyond Custody: Expanding Collateral Review Of State Convictions, Timothy C. Hester Apr 1981

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 …