Law Commons^™

Urban Politics And The Criminal Courts, Milton Heumann

Michigan Law Review

A Review of Urban Politics and the Criminal Courts by Martin A. Levin

The Chiropractor In North Carolina: Statutory Expert Witness, Benjamin G. Alford

North Carolina Central Law Review

No abstract provided.

Hospital Medical Staff: When Are Privilege Denials Judicially Reviewable?, David Hejna

University of Michigan Journal of Law Reform

The relationship between a hospital and its medical staff is unique. Most physicians serving as hospital staff are not salaried employees . Rather, they use hospital facilities to care for their patients pursuant to "staff privileges" granted by the hospital's board of governors. Staff privileges at one area hospital are practically indispensable for the modern physician, and privileges at a conveniently located hospital are considered important. By extending staff privileges the hospital benefits from having a staff large enough to ensure maximum use of its facilities. The public benefits when an adequate number of qualified physicians have access to hospital …

Jurisdictional Conflicts Over Counterclaims Against The United States, David G. Swenson

University of Michigan Journal of Law Reform

This article first discusses the different approaches that courts have used in determining district court jurisdiction over counterclaims and the differing limits that are imposed upon the size of the counterclaim. Second, it examines the relationship between the Court of Claims and the district courts in cases where the defendant cannot counterclaim for full relief in a district court. The article concludes with several legislative proposals that could lessen the uncertainty and lack of uniformity among the courts currently facing a defendant who wants to counterclaim against the government.

Tax Superiority In Bankruptcy—A Study Of Business Bankruptcy Distributions In The Southern And Western Districts Of New York, Peter D. Wolfson

Buffalo Law Review

No abstract provided.

Toward A Judicial Role For The Twenty-First Century, Charles L. Black, Jr.

Washington Law Review

Tonight, I am shifting to a new perspective in time. I would ask you to think of us as standing at a midpoint, just about equally distant from the decision in Brown v. Board of Education and the beginning of a new century, some twenty-three years back and forward. I remember the day the Brown case was decided; I learned of it, on a May afternoon still fragrant, from a group of Columbia law students in the drugstore-luncheonette on the corner of 116th Street and Broadway in New York. If you remember that day, or some other day in that …

A Reconsideration Of The Sworn Testimony Requirement: Securing Truth In The Twentieth Century, Michigan Law Review

Michigan Law Review

The purpose of this Note is relatively modest-to explore whether the traditional uncritical confidence placed in the sworn nature of testimony is justified in light of twentieth-century practice. As such, its intention is not to propose legal reforms, but rather to invite its readers to pause and reconsider a ritual too often taken for granted by the legal profession. To this end, this Note will examine the following factors influencing the character of the oath in modern times: the common-law and religious roots of the oath, the rise of nonreligious affirmation within the last century, the relationship between the oath …

The Jury's Role Under The Indiana Constitution, Carolyn White Spengler

Indiana Law Journal

No abstract provided.

The Federal Courts And Prison Reform, Patrick Baude

Indiana Law Journal

No abstract provided.

Modeling Relevance, Richard O. Lempert

Michigan Law Review

During the past decade, particularly during the years immediately following the California Supreme Court's decision in People v. Collins, a number of articles have appeared suggesting ways in which jurors might use certain mathematical techniques of decision theory as aids in the rational evaluation of circumstantial evidence. Professor Tribe, in an important response to the post-Collins articles, argues against introducing these techniques into the factfinding process. Problems that Tribe foresees include the necessary imprecision of the probabilistic estimates that these techniques require, the dwarfing of soft variables by those that are more readily quantified, and the potential dehumanization …

Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham

Michigan Law Review

In an earlier article in this law review, I discussed the new doctrine that in certain municipalities a decision by the local governing body to rezone or not to rezone land should be deemed an "administrative" or "quasi-judicial," rather than a "legislative," act. This doctrine was introduced into Michigan law several years ago in a series of opinions signed by only three justices of the Michigan Supreme Court. The earlier article dealt principally with the merits of the new "rezoning as administrative act" doctrine. The present article discusses troublesome aspects of the Michigan Supreme Court's attitude toward the principle of …

Using A Prediction Model In Forecasting Appeals, Paul A. Rake

IUSTITIA

Following the 1972 reorganization of the Indiana Court of Appeals into three panels serving defined geographical districts, the Court soon found itself floundering with too many unevenly distributed cases. Lacking a sufficient base of statistical data from which to formulate a plan to cope with the problem, various proposals, including redistricting the court, adding more judges, and developing a more sophisticated staff research, could not be measured for effectiveness or advisability.

In response to these problems, the Court developed a project to deal with the future caseload by constructing a regression model to predict appeals. This model generated estimates of …

Streamlining Criminal Procedure In Magistrate Court, Robert Batey, Diana L. Fuller

West Virginia Law Review

No abstract provided.

The Role Of The Concept Of Responsibility In Juvenile Delinquency Proceedings, Francis Barry Mccarthy

University of Michigan Journal of Law Reform

The exclusive focus of this article is upon proceedings in which delinquency is· determined, even though the juvenile court generally possesses a broad jurisdiction which covers a variety of matters other than delinquency. There is, however, a fundamental difference between delinquency proceedings and those involving dependency, neglect, or some other domestic problems. These latter proceedings attempt to resolve matters usually concerned with the whole fabric of a family situation and the problems involved therein. A delinquency proceeding, by contrast, has as its primary jurisdictional base the actions of the child. It is quite possible that a child who is engaging …

The Congressional Veto: Preserving The Constitutional Framework, Arthur S. Miller, George M. Knapp

Indiana Law Journal

Symposium: Separation of Powers

Checks And Balances In American Foreign Policy, John Sparkman

Indiana Law Journal

Symposium: Separation of Powers

Introduction To The Separation Of Powers Symposium

Indiana Law Journal

No abstract provided.

Volume 44 1976-1977

Tennessee Law Review

No abstract provided.

Separation Of Powers And International Executive Agreements, Arthur W. Rovine

Indiana Law Journal

Symposium: Separation of Powers

The Court Of Appeals Of Maryland: Roles, Work And Performance - Part I, William L. Reynolds Ii

Maryland Law Review

No abstract provided.

Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst

University of Richmond Law Review

The endless parade of humanity that passes before the benches of Virginia's general district courts accused of minor offenses presents to those charged with deciding these cases one of the most challenging judicial tasks of our day. The challenge in addition to deciding guilt or innocence is also determining what to do with those judged guilty. Those decisions influence to one degree or another the direction of peoples lives for their own and society's good or ill. Most of the offenders appearing before these courts are young people, often first offenders. The behavior patterns of their lives are not yet …

The Congressional Veto: A Contemporary Response To Executive Encroachment On Legislative Prerogatives, James Abourezk

Indiana Law Journal

Symposium: Separation of Powers

Wealth, Bail, And The Equal Protection Of The Laws, Richard A. Cohen

Villanova Law Review

No abstract provided.

The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner

Villanova Law Review

No abstract provided.

Judicial Reform In West Virginia: The Magistrate Court System, John C. Purbaugh, Robert A. Burnside Jr.

West Virginia Law Review

With the passage, on November 5, 1974, of the Judicial Reorganization Amendment to the West Virginia Constitution, a new era of judicial administration began for West Virginia. Central to this new judicial article was the unification of the lower state courts under the general supervision of the Supreme Court of Appeals of West Virginia. The Amendment mandated the establishment of a magistrate court system, replacing the system of justice of the peace (J.P.) courts used in the Virginias since 1661. This article will examine and evaluate the legislative implementation of the magistrate courts system, discuss differences between the J.P. system …

An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol

Villanova Law Review

No abstract provided.

Public Participation In The Adoption Of Interpretive Rules And Policy Statements, Michael Asimow

Michigan Law Review

Section I of this article surveys the practices of a selected group of federal agencies in the adoption of interpretive rules and policy statements. It emphasizes the importance of these rules both to members of the public and to the administrative process. Section II analyzes the cases that have considered the AP A exemption of interpretive rules and policy statements from preadoption notice and comment procedures. These cases are in disarray for several reasons. For one thing, the bright lines traditionally assumed to distinguish interpretive rules and policy statements from legislative rules have become blurred and indistinct. Moreover, the courts …

Separation, Politics And Judicial Activism, Wallace Mendelson

Indiana Law Journal

Symposium: Separation of Powers

Recent Developments In Social Welfare Law And The Doctrine Of Separation Of Powers, William H. Taft Iv

Indiana Law Journal

Symposium: Separation of Powers