Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (11)
- Brigham Young University Law School (9)
- Florida State University College of Law (2)
- North Carolina Central University School of Law (2)
- University of Richmond (2)
-
- Cleveland State University (1)
- Loyola University Chicago, School of Law (1)
- Maurer School of Law: Indiana University (1)
- Mercer University School of Law (1)
- UIC School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Tennessee College of Law (1)
- Vanderbilt University Law School (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Keyword
-
- England (3)
- United States Supreme Court (3)
- Federal courts (2)
- History (2)
- House of Lords (2)
-
- Juries (2)
- Jurisdiction (2)
- Trials (2)
- ABA (1)
- Aichner v. Aichner (1)
- Alls v. Alls (1)
- Appealability (1)
- Appellate Courts (1)
- Appellate courts (1)
- Apportionment (1)
- Arbitration (1)
- Armstrong v. Armstrong (1)
- Authority (1)
- Book Reviews (1)
- Brooker v. Brooker (1)
- Bureaucracy (1)
- Burger Court (1)
- Cantwell v. Connecticut (1)
- Capell v. Capell (1)
- Capps v. Capps (1)
- Census (1)
- Chapter 13 (1)
- Church-State Separation (1)
- Clayton Act (1)
- Code violations (1)
- Publication
-
- BYU Law Review (9)
- Michigan Law Review (7)
- University of Michigan Journal of Law Reform (4)
- Florida State University Law Review (2)
- North Carolina Central Law Review (2)
-
- University of Richmond Law Review (2)
- Cleveland State Law Review (1)
- Indiana Law Journal (1)
- Loyola University Chicago Law Journal (1)
- Mercer Law Review (1)
- Tennessee Law Review (1)
- UIC Law Review (1)
- University of Arkansas at Little Rock Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- West Virginia Law Review (1)
- William & Mary Law Review (1)
Articles 1 - 30 of 36
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.
Federal Appeals Court's State Law Ruling Entitled To Conclusive Deference: Factors Etc., Inc. V. Pro Arts, Inc., J. Stanton Curry
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
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 …
Impeachment: The Dilemma Of The Defendant-Witness In North Carolina, Thomas C. Manning
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
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
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
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
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
The Training Of Court Managers, Harvey E. Solomon
BYU Law Review
No abstract provided.
Judicial Administration-The Human Factors, Howard T. Markey
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
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
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.
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
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
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
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
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
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
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
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.
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
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
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 …
Parallel State And Federal Court Class Actions, Kevin T. Keating
Parallel State And Federal Court Class Actions, Kevin T. Keating
Loyola University Chicago Law Journal
No abstract provided.