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Articles 1 - 30 of 42
Full-Text Articles in Law
Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank
Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Judge Miner To Be Honored (Register Star), Register Star
Judge Miner To Be Honored (Register Star), Register Star
News Articles
No abstract provided.
Karu Gene White V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0489
Karu Gene White V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0489
1980-1989
No abstract provided.
Is The Supreme Court On The Reagan Team?, Neal Devins
Is The Supreme Court On The Reagan Team?, Neal Devins
Popular Media
No abstract provided.
Gary Wayne Wilson V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0489
Gary Wayne Wilson V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0489
1980-1989
No abstract provided.
Karu Gene White V. Commonwealth Of Kentucky, Appendix 1980-Sc-0489
Karu Gene White V. Commonwealth Of Kentucky, Appendix 1980-Sc-0489
1980-1989
No abstract provided.
Bush V. Lucas, Lewis F. Powell Jr.
Methodological Issues In The Evaluation Of "Experiments" With Cameras In The Courts, Dan Slater, Valerie P. Hans
Methodological Issues In The Evaluation Of "Experiments" With Cameras In The Courts, Dan Slater, Valerie P. Hans
Cornell Law Faculty Publications
Evaluations of "experiments" of extended media coverage of the courts, i.e., cameras in the courts, have relied upon survey research. The authors argue that such evaluations have been inadequate and future evaluations need to compare conventional media coverage vs. extended media coverage using field experimental research designs.
Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eva S. Nilsen
Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eva S. Nilsen
Faculty Scholarship
The Massachusetts Rules of Criminal Procedure became effective on July 1, 1979. While many of their provisions helpfully codify previously existing practice and case law, the Rules have in some areas effected a major transformation of criminal procedure. This article examines the changes wrought by the Rules in the pretrial arena, with emphasis on those areas that remain somewhat unfamiliar to the practitioner or untested against constitutional challenge in the courts. While the Rules appear to have done an admirable job of simplifying and rationalizing the criminal trial process, their emphasis on mutuality and reciprocity have in some cases created …
The Rules Enabling Act Of 1934, Stephen B. Burbank
The Rules Enabling Act Of 1934, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Tax Benefit Of Bliss, Alan L. Feld
The Tax Benefit Of Bliss, Alan L. Feld
Faculty Scholarship
In recent years the Supreme Court has limited its substantive decisions in federal income tax matters.I For the most part, the handful of tax cases it has considered each year deal with collection, liens, or other issues peripheral to doctrinal development in the tax area.2 The Court's recent decision in Diedrich v. Commissioner,3 however, dealt with a realization question involving net gifts; and its grant of certiorari consolidating the cases of Bliss Dairy, Inc. v. United States and Hillsboro National Bank v. Commissioner4 promises a continuing interest in substantive tax law. Bliss Dairy will enable the …
A Postscript On Precedent In The Divided Fifth Circuit, Thomas E. Baker
A Postscript On Precedent In The Divided Fifth Circuit, Thomas E. Baker
Faculty Publications
Professor Baker analyzes the three courts that resulted from the split of the United States Court of Appeals for the Fifth Circuit in 1981 and how each court treats precedent.
Administrative Law: Judicial Review - Reflections On The Proper Relationship Between Courts And Agencies, 58 Chi.-Kent L. Rev. 215 (1982), Gerald E. Berendt, Walter J. Kendall Iii
Administrative Law: Judicial Review - Reflections On The Proper Relationship Between Courts And Agencies, 58 Chi.-Kent L. Rev. 215 (1982), Gerald E. Berendt, Walter J. Kendall Iii
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, James E. Bond
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, James E. Bond
Faculty Articles
This article is a book review that highlights William O. Douglas’s character and temperament, and suggests these very traits made his legacy on the Court a disappointment. Arguing that Douglas was uncommitted to judicial craft and simply championed cases close to his heart. The article bemoans Douglas’s lack of insight into constitutional adjudication, while noting the volumes anecdotal humor, the article cites the autobiography’s disingenuousness as cause to call it a work of fiction.
The Perils Of Judicial Statesmanship, James E. Bond
The Perils Of Judicial Statesmanship, James E. Bond
Faculty Articles
This article addresses the issue of what is fit for a Supreme Court Justice to do and whether the Court is acting within its constitutional authority. The United States is a democratic republic in which power flows from the people to elected representatives who remain answerable to the people. By contrast, the Justices sit for life and answer to no one. The Court is thus a profoundly antidemocratic institution. When and how the Court ought to exercise its anti-democratic authority is the only enduring important question in American constitutional law.
Constitutional Criminal Procedure, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Faculty Publications
This article discusses decisions of the new Eleventh Circuit and also decisions of the former Fifth Circuit, some of which are binding precedents for the new court. By way of introduction, the title Constitutional Criminal Procedure deserves amplification. Related criminal law topics not within the scope of this article include the following: the substantive law of crimes; non constitutional aspects of the Federal Rules of Evidence; non constitutional aspects of the Federal Rules of Criminal Procedure; procedural aspects of habeas corpus; sentencing; prisoners' rights; and civil rights suits alleging constitutional deprivations.
Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker
Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker
Faculty Publications
No abstract provided.
Book Review, Howard C. Klemme
Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein
Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein
Publications
No abstract provided.
The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan
The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Irma S. Russell, Arthur J. Stanley Jr.
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Irma S. Russell, Arthur J. Stanley Jr.
Faculty Law Review Articles
A history of the Tenth Circuit Court of Appeals, which was created by dividing the Eighth Circuit, the only time geographical boundaries had been altered since the present federal circuit court system was instituted in 1891.
The Mandamus Power Of The United States Courts Of Appeals: A Complex And Confused Means Of Appellate Control, Robert S. Berger
The Mandamus Power Of The United States Courts Of Appeals: A Complex And Confused Means Of Appellate Control, Robert S. Berger
Journal Articles
No abstract provided.
Book Review. Federal Jurisdiction: The Perils And Rewards Of Pulling Things Together, Gene R. Shreve
Book Review. Federal Jurisdiction: The Perils And Rewards Of Pulling Things Together, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth
Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Faculty Scholarship
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …
Eight Cases And Section 251, James J. White
Eight Cases And Section 251, James J. White
Articles
[A] continuing sense of reliance and security that the promised performance will be forthcoming. . . is an important feature of the bargain-so states Comment 1 to section 2-609 of the Uniform Commercial Code. At common law, one party to a contract might suffer considerable and justifiable anxiety about the other party's willingness or ability to perform and yet have no legal basis for cancelling the contract or for procuring additional assurances from the other party. Section 251 of the Restatement (Second) of Contracts is designed to provide a remedy for one party's reasonable fears that the other party to …
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Articles
"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …
In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve
In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Articles by Maurer Faculty
No abstract provided.