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Articles 31 - 60 of 80
Full-Text Articles in Law
Warren Burger And The Administration Of Justice, Carl W. Tobias
Warren Burger And The Administration Of Justice, Carl W. Tobias
Law Faculty Publications
Professor Tobias examines the career of Chief Justice of the United States Warren E. Burger, emphasizing his "enormous contribution to improving the administration of Justice in the United States."
The Proposal To Split The Ninth Circuit, Carl W. Tobias
The Proposal To Split The Ninth Circuit, Carl W. Tobias
Law Faculty Publications
Individuals and organizations concerned about natural resources should be aware of the recent controversial proposal to divide the United States Court of Appeals for the Ninth Circuit. During the first session of the 104th Congress in the fall of 1995, the United States Senate Judiciary Committee approved Senate Bill 956, a measure that would establish a new Twelfth Circuit consisting of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington, and that would leave California, Hawaii, Guam, and the Northern Mariana Islands in the Ninth Circuit. The Judiciary Committee vote was important for two reasons: the circuit's division could substantially affect …
An Analysis Of Federal Appellate Court Study Commissions, Carl W. Tobias
An Analysis Of Federal Appellate Court Study Commissions, Carl W. Tobias
Law Faculty Publications
During the 104th Congress, senators representing Pacific Northwest states mounted the fourth serious effort to split the United States Court of Appeals for the Ninth Circuit since 1983. The Senate Judiciary Committee approved a bill that would have divided the court; however, the Senate eventually passed a measure which would have created a national study commission to analyze the federal appellate system. This compromise was only one of several study proposals that Congress considered in 1995 and 1996. For example, California Governor Pete Wilson and Ninth Circuit Judge Diarmuid O'Scannlain recommended the establishment of commissions which would have assessed the …
The Proposal To Split The Ninth Circuit Court Of Appeals, Carl W. Tobias
The Proposal To Split The Ninth Circuit Court Of Appeals, Carl W. Tobias
Law Faculty Publications
Symposium introduction
The Civil Justice Reform Act Amendment Act Of 1995, Carl W. Tobias, Margaret L. Sanner
The Civil Justice Reform Act Amendment Act Of 1995, Carl W. Tobias, Margaret L. Sanner
Law Faculty Publications
Four members of the Senate Judiciary Committee introduced the Civil Justice Reform Act Amendment Act of 1995 on February 23, 1995 as Congress was considering numerous aspects of the Contract With America, most relevantly the legal reforms in its ninth tenet. Senator Orrin Hatch (R-Utah), Chair of the Senate Judiciary Committee, Senator Charles Grassley (RIowa), Chair of the Subcommittee on Courts and Administrative Practice, Senator Joseph Biden (D-Del.), the ranking minority member of the Senate Judiciary Committee, and Senator Howell Heflin (D-Ala.), former Chair of the Courts and Administrative Practice Subcommittee, sponsored the legislation. Passage of the proposal by the …
Congress Considers Bill To Split Ninth Circuit, Carl W. Tobias
Congress Considers Bill To Split Ninth Circuit, Carl W. Tobias
Law Faculty Publications
Late last year, the Senate Judiciary Committee approved a measure that would divide the U.S. Court of Appeals for the Ninth Circuit. The proposal, Senate Bill 956, would create a new Twelfth Circuit comprised of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington, leaving California, Hawaii, Guam, and the Northern Mariana Islands in the Ninth Circuit. The Judiciary Committee vote is significant because no bill to split the Ninth Circuit has ever received floor debate. The second session of the 104th Congress could well divide the court.
Juror Empathy And Race, Douglas O. Linder
“The Image We See Is Our Own”: Defending The Jury’S Territory At The Heart Of The Democratic Process, Lisa Kern Griffin
“The Image We See Is Our Own”: Defending The Jury’S Territory At The Heart Of The Democratic Process, Lisa Kern Griffin
Faculty Scholarship
reviewing Jeffrey B. Abramson, We the Jury (1994) and Stephen J. Adler, The Jury (1994))
Mistake Of Federal Criminal Law: A Study Of Coaltions And Costly Information, Erin O'Hara O'Connor, Richard S. Murphy
Mistake Of Federal Criminal Law: A Study Of Coaltions And Costly Information, Erin O'Hara O'Connor, Richard S. Murphy
Scholarly Publications
This article analyzes Supreme Court and other federal court cases, to explain the seemingly disparate incorporation of mistake of law excuses into federal criminal statutes. Most of the cases can be explained from an information cost perspective. If an easily separable subset of the regulated population cannot be induced to learn their legal obligations given credibly low prior probabilities and high information costs, they are excused from criminal liability. Moreover, when criminal statutes are vulnerable to constituent protest, courts require that enforcers increase awareness of the law through information subsidies rather than convicting the ignorant. At least with mistake of …
West Valley City V. Lynn Poulsen : Reply Brief, Utah Court Of Appeals
West Valley City V. Lynn Poulsen : Reply Brief, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
No abstract provided.
Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle
Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle
Faculty Scholarship
Constitutional claims invariably turn on the underlying historical facts. In order to adjudicate claims presented in habeas corpus petitions, accordingly, the federal courts must somehow ascertain the facts. In some instances, the factual record can be augmented via discovery or expansion of the record under the federal habeas corpus rules.' Otherwise, disputed factual issues typically must be determined on the basis of previous litigation in state court or in independent federal evidentiary hearings.
Autonomy And Death, Annette E. Clark
Autonomy And Death, Annette E. Clark
Faculty Articles
In this article, Professor Clark explores the contours of the current debate over physician-assisted death. She begins by focusing on the legal issues raised by statutory attempts to either legalize or criminalize physician-assisted death, with particular emphasis on the constitutional questions that are currently before the United States Supreme Court. She then examines physician-assisted death from both medical and societal perspectives. Professor Clark uses a thought experiment in which assisted death is facilitated by persons other than physicians, and in doing so, questions whether physicians are the proper persons in whom to wrest power over assisted death. She points out …
The International Trial Of The Century? A Cross-Fire" Exchange On The First Case Before The Yugoslavia War Crimes Tribunal, Michael P. Scharf, Valerie Epps
The International Trial Of The Century? A Cross-Fire" Exchange On The First Case Before The Yugoslavia War Crimes Tribunal, Michael P. Scharf, Valerie Epps
Faculty Publications
This Article is an expanded version of a presentation delivered at the Conference of International Law Journals on March 29, 1996, in Washington, D.C.
Stratified Juror Selection: Cross-Section By Design, Nancy J. King, G. Thomas Munsterman
Stratified Juror Selection: Cross-Section By Design, Nancy J. King, G. Thomas Munsterman
Vanderbilt Law School Faculty Publications
Of the various selection methods that contribute to the underrepresentation of members of racial and ethnic minority groups on juries, peremptory challenges have attracted the most attention in recent years. Yet gains in diversity from regulating, or even eliminating, peremptory challenges are necessarily limited by the composition of the venire from which jurors are chosen. This article describes methods of constructing lists of veniremembers and qualified jurors used by some courts to restore the racial and ethnic diversity that is missing from the primary source lists or is eroded in the process of summoning and qualification. It also evaluates potential …
New Certiorari And A National Study Of The Appeals Courts, Carl W. Tobias
New Certiorari And A National Study Of The Appeals Courts, Carl W. Tobias
Law Faculty Publications
Elitism, Expediency, and the New Certiorari: Requiem for the Learned Hand Tradition is a thought-provoking critique of the United States Courts of Appeals. Professors William Richman and William Reynolds maintain that dramatic increases in appellate filings have transformed the appeals courts during the last quarter-century, prompting systemic constriction of procedural opportunities, particularly for parties with few resources or little power. The authors find these changes profoundly troubling and propose that Congress radically expand the number of appellate judges.
Individuals and institutions, such as expert study committees, which have analyzed the federal courts, agree with much of the authors' descriptive assessment. …
Filling The Federal Courts In An Election Year, Carl W. Tobias
Filling The Federal Courts In An Election Year, Carl W. Tobias
Law Faculty Publications
President Bill Clinton appointed unprecedented numbers and percentages of highly qualified female and minority lawyers to the federal bench during his initial half-term in office, substantially surpassing the records of Presidents Ronald Reagan, George Bush and Jimmy Carter. The Clinton administration invoked an efficacious, uncontroversial selection process and filled a significant percentage of the 113 judicial openings that existed when it assumed office.
Some federal court observers questioned whether the Chief Executive could maintain this commendable record during his presidency's third year. More specifically, they wondered if Republican Party control of the United States Senate, which must approve nominees, and …
A Sixth Circuit Story, Carl W. Tobias
A Sixth Circuit Story, Carl W. Tobias
Law Faculty Publications
At the May 4, 1994 regular meeting of the Judicial Council of the United States Courts for the Sixth Circuit, the Council voted to "suspend further review of local rules until it receives further guidance from Congress, the Judicial Conference of the United States or by case law on the question of whether provisions of the Civil Justice Reform Act take precedence over the Federal Rules of Civil Procedure. " By so doing, the Council was ostensibly discharging responsibilities assigned to it by the Judicial Improvements and Access to Justice Act (JIA) of 1988. The JIA requires that every circuit …
Motions For Sanctions Annual Survey Of Virginia Law, William Hamilton Bryson
Motions For Sanctions Annual Survey Of Virginia Law, William Hamilton Bryson
Law Faculty Publications
For centuries, the legal profession has had rules of professional conduct. Although they were unwritten, they were well known. The rules covered honesty in pleading and practice and also required the general politeness expected of decent people. These rules were not always followed, nor were they always enforced when not followed. Sadly, in modern times, these rules are being disregarded more frequently and the costs to others, both within and outside the profession, are increasing dramatically. This deplorable situation has caught the attention of the organized bar, and codes of professional civility have been issued in recent times. The Virginia …
The Supreme Court And Our Culture Of Irresponsibility, Mary J. Davis
The Supreme Court And Our Culture Of Irresponsibility, Mary J. Davis
Law Faculty Scholarly Articles
This article chronicles the Supreme Court's expansion of the “culture of irresponsibility,” where institutional defendants are freed from tort liability with no check on the abuse of such immunity. Professor Davis describes the Court's progression toward immunity in products liability decisions of the past decade including East River Steamship, Boyle, Cipollone, and Lohr. Noting the effect of the Court's decisions in promoting institutional irresponsibility, Professor Davis encourages the Court to use its “cultural influence” and reconsider its broad extension of immunity which has spread to situations and institutional defendants the Court never imagined.
Elbert Parr Tuttle, Alfred C. Aman
Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann
Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Bankruptcy In The Seventh Circuit: 1995, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1995, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington
Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Swearing In Ceremony: Investiture Of Beth Cozzolino As District Attorney Of Columbia County, Roger J. Miner '56
Swearing In Ceremony: Investiture Of Beth Cozzolino As District Attorney Of Columbia County, Roger J. Miner '56
Induction Ceremonies and Investitures
No abstract provided.
Text, Purpose And Facts: The Relationship Between Cercla Sections 107 And 113, William D. Araiza
Text, Purpose And Facts: The Relationship Between Cercla Sections 107 And 113, William D. Araiza
Faculty Scholarship
No abstract provided.
Don't Try: Civil Jury Verdicts In A System Geared To Settlement, Samuel R. Gross, Kent D. Syverud
Don't Try: Civil Jury Verdicts In A System Geared To Settlement, Samuel R. Gross, Kent D. Syverud
Articles
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is because of our propensity to sue, not our affinity for trials. Of the hundreds of thousands of civil lawsuits that are filed each year in America, the great majority are settled; of those that are not settled, most are ultimately dismissed by the plaintiffs or by the courts; only a few percent are tried to a jury or a judge. This is no accident. We prefer settlements and have designed a system of civil justice that embodies and expresses …
The More Things Change…: Superficial State Constitutional Analysis At The New York Court Of Appeals, James A. Gardner
The More Things Change…: Superficial State Constitutional Analysis At The New York Court Of Appeals, James A. Gardner
Journal Articles
No abstract provided.
Will The Supreme Court Sound The Death Knell For Political Patronage? An Analysis Of O'Hare Truck Services, Inc. V. City Of Northlake, Barbara J. Fick
Will The Supreme Court Sound The Death Knell For Political Patronage? An Analysis Of O'Hare Truck Services, Inc. V. City Of Northlake, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case O'Hare v. City of Northlake, 518 U.S. 712 (1996). The author expected the Court to analyze whether political patronage infringes on First Amendment rights.
Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel
Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel
Scholarly Works
Like any trend, ADR has its skeptics and even some opponents. Considerable debate exists regarding the degree to which the increasing ADRization of traditionally judicial activity amounts to triumph or tragedy, a point well-illustrated by the past Schwartz Lectures. In the 1993 Schwartz Lecture, Professor Laura Nader described the ADR movement as a byproduct of society's attempt to suppress or conceal uncomfortable conflicts. In the 1994 Lecture, Professor Judith Resnik essentially concluded that the modern ADR movement has brought a regrettable de facto closing of the court house (or at least raised barriers to entry) and replaced reflective decision-making about …
Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski
Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski
Faculty Scholarship
A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …