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Articles 631 - 658 of 658
Full-Text Articles in Law
Limited Publication In The Fourth And Sixth Circuits, William L. Reynolds, William M. Richman
Limited Publication In The Fourth And Sixth Circuits, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
Professor Jones And The Constitution, Henry Paul Monaghan
Professor Jones And The Constitution, Henry Paul Monaghan
Faculty Scholarship
Professor Harry Jones's elegant and stimulating Waterman lectures begin on a salutary note. Professor Jones rightly reminds us that, first and foremost, a constitution is not exclusively or primarily a limitation on the exercise of political power, but rather is a charter for its exercise. Accordingly, to view the Constitution as "all brakes and no engine" suggests a serious and fundamental myopia, albeit an understandable one given the popular preoccupation with the Supreme Court's role in vindicating guarantees of civil liberty. But that preoccupation, Professor Jones notes, does more than distort the meaning of the Constitution; it ignores an historically …
Civil Litigation And Jura Novit Curia, Lawrence G. Baxter
Civil Litigation And Jura Novit Curia, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Faculty Scholarship
This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.
Adjudication As A Private Good: A Comment, Paul D. Carrington
Adjudication As A Private Good: A Comment, Paul D. Carrington
Faculty Scholarship
Comment on William M. Landes & Richard A. Posner, Adjudication as a Private Good, 8 J. Legal Stud. 235 (1979).
Securities Commentary, Roberta S. Karmel, John P. Ketels
Securities Commentary, Roberta S. Karmel, John P. Ketels
Faculty Scholarship
No abstract provided.
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part Ii: Craftsmanship And Decision-Making, William L. Reynolds
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part Ii: Craftsmanship And Decision-Making, William L. Reynolds
Faculty Scholarship
No abstract provided.
Current Issues And Developments In The Duties And Liabilities Of Underwriters And Securities Dealers -- A Program By The Committee On Federal Regulation Of Securities, Roberta S. Karmel
Current Issues And Developments In The Duties And Liabilities Of Underwriters And Securities Dealers -- A Program By The Committee On Federal Regulation Of Securities, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
The Disposition Process Under The Juveniles Justice Standards Project, Stanley Z. Fisher
The Disposition Process Under The Juveniles Justice Standards Project, Stanley Z. Fisher
Faculty Scholarship
The Juvenile Justice Standards Project volumes were publicly discussed for months prior to their publication. Unavoidably, much of the discussion was based upon rumor regarding their contents. In that context, critics charged that the proposed Standards would "destroy the nation's juvenile court system and replace it with a 'junior criminal system' "1 and claimed that the Standards substitute the philosophy of "just deserts" for the traditional rehabilitative goals of juvenile justice.' The news media described the Standards on disposition of delinquents as designed to "fit the penalty to the crime, no matter what the age of the perpetrator. '3 I …
The Standards' Recommendations On Dispositions: A Panel Discussion Panel Discussion, Stanley Z. Fisher
The Standards' Recommendations On Dispositions: A Panel Discussion Panel Discussion, Stanley Z. Fisher
Faculty Scholarship
ROFESSOR STANLEY FISHER, MODERATOR: Good evening. I'd like to welcome you all here. Of all of the volumes of the Juvenile Justice Standards Project, I suppose the most controversial are those dealing with the disposition stage. They have elicited a good deal of critical comment, even though they haven't yet been published, and many of the comments and criticisms have apparently been on the basis of speculation and rumor as to what the Standards actually say. We have with us tonight to discuss these Standards two persons who have a great deal of expertise in this field. The first, on …
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part I, William L. Reynolds
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part I, William L. Reynolds
Faculty Scholarship
No abstract provided.
The Supreme Court In Current Literature, Jenni Parrish, Roy Mersky
The Supreme Court In Current Literature, Jenni Parrish, Roy Mersky
Faculty Scholarship
No abstract provided.
Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein
Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein
Faculty Scholarship
No abstract provided.
Consent And The Roots Of Judicial Authority: The Constitutional Writings Of Archibald Cox (Book Review), Thomas D. Rowe Jr.
Consent And The Roots Of Judicial Authority: The Constitutional Writings Of Archibald Cox (Book Review), Thomas D. Rowe Jr.
Faculty Scholarship
Reviewing A. Cox, The Role of the Supreme Court in American Government
Attorney's Responsibilities: Adversaries At The Bar Of The Sec, Roberta S. Karmel, Joseph C. Daley
Attorney's Responsibilities: Adversaries At The Bar Of The Sec, Roberta S. Karmel, Joseph C. Daley
Faculty Scholarship
No abstract provided.
Administration Of Supporting Services In The Trial Court, Geoffrey C. Hazard Jr.
Administration Of Supporting Services In The Trial Court, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
The Expanding Role Of The Juvenile Court In Child Custody Disputes, Katharine T. Bartlett
The Expanding Role Of The Juvenile Court In Child Custody Disputes, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
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.
Hart And Wechsler's The Federal Courts And Federal System, Henry Paul Monaghan
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 …
Court Reform In England, Kazimierz Grzybowski
Court Reform In England, Kazimierz Grzybowski
Faculty Scholarship
No abstract provided.
Collateral Challenges To Criminal Convictions, Larry Yackle
Collateral Challenges To Criminal Convictions, Larry Yackle
Faculty Scholarship
The Kansas Defender Project is a clinical program sponsored by the University of Kansas School of Law. The Project provides student legal services to indigent prison inmates at the United States Penitentiary at Leavenworth and the Kansas State Penitentiary at Lansing, Kansas. Launched in 1965 through the efforts of Paul E. Wilson, Kane Professor of Law, the Project has since been a model for similar clinical undertakings at law schools across the country.
Attorney's Securities Law Liabilities, Roberta S. Karmel
Attorney's Securities Law Liabilities, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
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 …
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Governor's Private Eyes, Tamar Frankel
The Governor's Private Eyes, Tamar Frankel
Faculty Scholarship
In his inaugural speech on January 3, 1967, Florida Governor Claude Kirk declared a War on Crime. For this purpose he announced the creation of a unique War on Crime Program. Its activities were to include a Citizen's Awareness Program, but its main function was directed to the investigation of crimes. As the Program's director, the Governor appointed Mr. George Wackenhut, the president of the Wackenhut Corporation, a large private investigation firm. Mr. Wackenhut agreed to provide his services for one dollar a year; his corporation was simultaneously retained to supply the Program with the necessary administrative facilities and investigative …
Book Review, Michael E. Tigar
Book Review, William W. Van Alstyne
Book Review, William W. Van Alstyne
Faculty Scholarship
This review of "The Supreme Court on Trial" by Charles Hyneman, questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Board of Educaion's dominance of such discussion and the book’s poor treatment of the desegregation cases.
Executive Privilege In The Federal Courts, Paul Hardin Iii
Executive Privilege In The Federal Courts, Paul Hardin Iii
Faculty Scholarship
No abstract provided.