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Articles 1 - 11 of 11
Full-Text Articles in Law
A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards
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.
Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert
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 …
Interlocutory Appeal Of Orders Granting Or Denying Stays Of Arbitration, Michigan Law Review
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 …
The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau
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 …
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 …
Law And Politics: The House Of Lords As A Judicial Body, 1800-1976, Michigan Law Review
Law And Politics: The House Of Lords As A Judicial Body, 1800-1976, Michigan Law Review
Michigan Law Review
A Review of Law and Politics: The House of Lords as a Judicial Body, 1800-1976 by Robert Stevens
Thoughts About Judging, Henry J. Friendly
Thoughts About Judging, Henry J. Friendly
Michigan Law Review
A Review of The Judge by Patrick Devlin
On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky
On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky
Michigan Law Review
A Review of The Politics of Justice: Lower Federal Judicial Selection and the Second Party System, 1829-1861 by Kermit L. Hall and Federal Courts in the Early Republic: Kentucky 1789-1816 by Mary K. Bonsteel Tachau
Judgment Non Obstantibus Datis, Reid Hastie
Judgment Non Obstantibus Datis, Reid Hastie
Michigan Law Review
A Review of Jury Trials by John Baldwin and Michael McConville
Failing Companies And The Antitrust Laws, Janet L. Mcdavid
Failing Companies And The Antitrust Laws, Janet L. Mcdavid
University of Michigan Journal of Law Reform
This article will examine two areas in which the courts have given financially-troubled companies special treatment under the antitrust laws. Part I discusses the acquisition of a failing company, which may constitute a judicially-created exemption from section 7 of the Clayton Act. Part II considers certain cases involving failing companies whose conduct is challenged under section 1 of the Sherman Act.
Filing For Personal Bankruptcy: Adoption Of A "Bona Fide Effort" Test Under Chapter 13, Stephan M. Vidmar
Filing For Personal Bankruptcy: Adoption Of A "Bona Fide Effort" Test Under Chapter 13, Stephan M. Vidmar
University of Michigan Journal of Law Reform
Part I discusses the history and current application of the Chapter 13 wage earner relief provisions, focusing on the present "good faith" controversy. Part II analyzes the "bona fide effort" test and examines its current congressional status. Part III suggests that more specific statutory guidance is necessary in order to effectively apply the "bona fide effort" test and recommends specific guidelines for its use. The article concludes that by following such a set of standard guidelines when applying the "bona fide effort" test, bankruptcy courts would promote uniform treatment of debtors, enhance judicial economy, and facilitate appellate review of Chapter …