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1981

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Articles 1 - 30 of 36

Full-Text Articles in Law

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.


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 …


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 …


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.


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 …


Minnesota Rag, Terry Clayton Paulson Oct 1981

Minnesota Rag, Terry Clayton Paulson

University of Arkansas at Little Rock Law Review

No abstract provided.


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.


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.


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.


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.


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 …


From Estes To Chandler: Shifting The Constitutional Burden Of Courtroom Cameras To The States, Margot Pequignot Apr 1981

From Estes To Chandler: Shifting The Constitutional Burden Of Courtroom Cameras To The States, Margot Pequignot

Florida State University Law Review

No abstract provided.


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 …


Florida Appellate Reform One Year Later, Arthur J. England, Jr., Richard C. Williams, Jr. Apr 1981

Florida Appellate Reform One Year Later, Arthur J. England, Jr., Richard C. Williams, Jr.

Florida State University Law Review

No abstract provided.


United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis Apr 1981

United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis

West Virginia Law Review

No abstract provided.


Law And Politics: The House Of Lords As A Judicial Body, 1800-1976, Michigan Law Review Mar 1981

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 Mar 1981

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 Mar 1981

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 Mar 1981

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 Jan 1981

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 Jan 1981

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 …


Parallel State And Federal Court Class Actions, Kevin T. Keating Jan 1981

Parallel State And Federal Court Class Actions, Kevin T. Keating

Loyola University Chicago Law Journal

No abstract provided.