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Articles 31 - 60 of 60
Full-Text Articles in Law
Federal Court Abstention In Diversity Actions Involving Unsettled State Law: Avoiding Constitutional Adjudication And Interference With State Affairs
Washington and Lee Law Review
No abstract provided.
A Jury Experiment Reanalyzed, Shari Seidman Diamond
A Jury Experiment Reanalyzed, Shari Seidman Diamond
University of Michigan Journal of Law Reform
Researchers in the behavioral sciences have watched with some pride as the courts have given increased attention to social science studies. Judicial interest in empirical studies is a desirable development but one not quite free of danger. The courts are not yet fully accustomed to dealing critically with such evidence. The United States Supreme Court ruled recently, in Colgrove v. Battin, that six-member juries in civil cases meet the seventh amendment requirement of trial by jury. This decision was not surprising in light of Williams v. Florida, in which the Court ruled that six jurors were sufficient to …
The Grand Jury--Prosecutorial Abuse Of The Indictment Process, 65 J. Crim. L. & Criminology 157 (1974), Robert G. Johnston
The Grand Jury--Prosecutorial Abuse Of The Indictment Process, 65 J. Crim. L. & Criminology 157 (1974), Robert G. Johnston
UIC Law Open Access Faculty Scholarship
No abstract provided.
Popular Participation In The Administration Of Justice In The Soviet Union: Comrades' Courts And The Brezhnev Regime, Gordon Smith
Popular Participation In The Administration Of Justice In The Soviet Union: Comrades' Courts And The Brezhnev Regime, Gordon Smith
Indiana Law Journal
No abstract provided.
The Use Of In Camera Hearings In Ruling On The Informer Privilege, Ronald E. Levine
The Use Of In Camera Hearings In Ruling On The Informer Privilege, Ronald E. Levine
University of Michigan Journal of Law Reform
The thesis of this article is that most of the problems of defining the scope of the privilege in a particular case are due to the paucity of information available to the trial judge who must rule on the issue. Furthermore, many of the formulas presently used are conceptually and functionally inadequate. Both of these problems can be solved by the use of in camera hearings, for such proceedings not only will provide the trial judge with sufficient information to make a fair and rational decision, but will also alleviate the present necessity to rule only on the basis of …
Another Look At Press Coverage Of The Supreme Court, Everette E. Dennis
Another Look At Press Coverage Of The Supreme Court, Everette E. Dennis
Villanova Law Review
No abstract provided.
Workmen's Compensation Benefits Recoverable On The Existence Of A Quasi Contract, David Frisch
Workmen's Compensation Benefits Recoverable On The Existence Of A Quasi Contract, David Frisch
Law Faculty Publications
An analysis on a worker's compensation case decided by the Supreme Court of Florida.
The Burger Court: Discord In Search And Seizure, Robert S. Irons
The Burger Court: Discord In Search And Seizure, Robert S. Irons
University of Richmond Law Review
The accession of Mr. Chief Justice Burger to the Supreme Court of the United States was expected to signal the limitation of constitutional doctrines by which the Court had enhanced the rights of the criminal defendant. The fulfillment of this expectation has been generally marked by decisions which have been readily and quickly comprehensible. For example, the prosecution was prohibited by the Warren Court from employing any products of the defendant's custodial interrogation in the absence of a warning of his right to counsel and his right to remain silent; the statement so procured is still barred in the case …
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
Faculty Scholarship
This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.
Prior Inconsistent Statements: Presently Inconsistent Doctrine, Mark Reutlinger
Prior Inconsistent Statements: Presently Inconsistent Doctrine, Mark Reutlinger
Faculty Articles
The common law has come a long way since Sir Walter Raleigh was convicted of treason on the basis of accusations contained in unproduced letters and the hearsay declarations of unproduced witnesses. However, despite the painstaking development and innumerable formulations and reformulations of the hearsay rule over the past several centuries, there are areas of that body of law which are as yet unsettled and the subject of heated controversy. One such area is that of prior inconsistent statements of witnesses, the controversy over which has continued over the years and has surfaced once again with promulgation of the new …
The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law
The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law
University of Richmond Law Review
The question of whether a state supreme court has the authority to abolish or modify a common law rule which is incorporated into the law of that state has been a frequent issue in courts throughout the United States. Every state, except Louisiana, has adopted the common law by statute or constitutional provision. Virginia has employed both methods.
Attempts And Monopolization: A Mildly Expansionary Answer To The Prophylactic Riddle Of Section Two, Edward H. Cooper
Attempts And Monopolization: A Mildly Expansionary Answer To The Prophylactic Riddle Of Section Two, Edward H. Cooper
Articles
The efforts of activist antitrust lawyers to redefine the contours of attempted monopolization under section 2 of the Sherman Act1 have again forced the courts to wrestle with the classic antitrust dilemma: How far must single-firm competitive behavior be restrained to make competition free? The answer given by the majority of current decisions is that, absent some other established offense, single-firm behavior should be prohibited as an attempt to monopolize only when there is a specific intent to monopolize and the firm has come dangerously near to unlawful monopolization. A contemporary challenge to this orthodox answer is rapidly gaining force. …
State Judicial Financing: Preliminaries, Progress, Provisions, And Prognosis, James A. Gazell
State Judicial Financing: Preliminaries, Progress, Provisions, And Prognosis, James A. Gazell
Kentucky Law Journal
No abstract provided.
The Politics Of Federal Judicial Administration, Paul D. Carrington
The Politics Of Federal Judicial Administration, Paul D. Carrington
Michigan Law Review
A Review of The Politics of Federal Judicial Administration by Peter Graham Fish
Book Reviews, Edward H. Wall, Poeliu Dai
Book Reviews, Edward H. Wall, Poeliu Dai
Vanderbilt Journal of Transnational Law
THE FUNCTION OF JUDICIAL DECISION IN EUROPEAN ECONOMIC INTEGRATION By C.J. Mann The Hague: Martinus Nijhoff, 1972.Pp. xiv, 567.
Edward H. Wall
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INTERNATIONAL PEACEKEEPING AT THE CROSSROADS: NATIONAL SuPPORT-EXPERIENCE AND PROSPECTS By David W. Wainhouse with the assistance of Frederick P. Bohannon, James E. Knott, Anne P. Simons. Baltimore: The Johns Hopkins University Press, 1973.Pp. 634. $22.50.
Poeliu Dai
Federal Courts - Declaratory Judgment - A Federal Court May Grant Declaratory Relief From A State Statute Allegedly Unconstitutional As Applied If State Prosecution Is Threatened, But Not Pending, Rachel Wolkin
Villanova Law Review
No abstract provided.
Book Review. The Assize Of Novel Disseisin By Donald W. Sutherland, Morris S. Arnold
Book Review. The Assize Of Novel Disseisin By Donald W. Sutherland, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Congressional Authority To Restrict Lower Federal Court Jurisdiction, Theodore Eisenberg
Congressional Authority To Restrict Lower Federal Court Jurisdiction, Theodore Eisenberg
Cornell Law Faculty Publications
Separation of powers in the federal government inevitably generates conflicts among the branches. In recent years the executive branch's authority to impound funds appropriated by Congress and to make war without congressional approval has been questioned. In earlier days debate raged over the Supreme Court's authority to nullify legislation passed by Congress. A recurrent example of this phenomenon has been the struggle between Congress and the judiciary over the scope of congressional control of federal court jurisdiction. The recent controversy over school busing has highlighted this problem. The problem is, however, neither novel nor peculiar to the busing issue. In …
Book Review, John Craig Comfort
Book Review, John Craig Comfort
Cleveland State Law Review
Review of the Applications of Operations Research to Court Delay, John H. Reed, New York, Washington, London, Praeger Publishers, Inc., 1973
Law And Fact In The Medieval Jury Trial: Out Of Sight, Out Of Mind, Morris S. Arnold
Law And Fact In The Medieval Jury Trial: Out Of Sight, Out Of Mind, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
A Proposal For Limiting The Duty Of The Trial Judge To Instruct The Jury Sua Sponte, Paul H. Robinson
A Proposal For Limiting The Duty Of The Trial Judge To Instruct The Jury Sua Sponte, Paul H. Robinson
All Faculty Scholarship
This Article will present what appears to be a workable system which allows fulfillment of both of the jury instruction functions-jury guidance and legal-theory-resolution-and which will simultaneously reduce the number of reversals due to judicial error in instructing the jury (the latter result may be anticipated in any system which is able to produce the former result). This Article proposes the abolition of the sua sponte duty of the trial judge except for certain basic instructions to be specified by statute or by rule of court. The proposal would retain for each advocate the opportunity to propose instructions reflecting his …
Proposal And Analysis Of A Unitary System For Review Of Criminal Judgments, Paul H. Robinson
Proposal And Analysis Of A Unitary System For Review Of Criminal Judgments, Paul H. Robinson
All Faculty Scholarship
Debate continues over expanded use of habeus corpus for collateral attack of criminal judgments. Some commentators argue that the current system of seemingly endless post-conviction review fails to provide the finality and integrity required of any truly fair and effective system of criminal justice. Others claim that such an expansive post-conviction remedy system is justified when a man's liberty is at stake. It is a central thesis of this article that not only does the present system of post-conviction remedies fall short of achieving adequate fairness and comprehensiveness, but also that the attempt to achieve these values has produced a …
Abortion: The Court Decides A Non-Case, Joseph O'Meara
Abortion: The Court Decides A Non-Case, Joseph O'Meara
Journal Articles
It took the Supreme Court 105 years to discover that the Fourteenth Amendment guarantees a personal right of privacy that invalidates state statutes forbidding abortion except to save the mother's life. As Mr. Justice Rehnquist pointed out, in a dissent that no member of the Court attempted to answer, at least thirty-six states had such anti-abortion statutes when the Fourteenth Amendment was adopted. None was attacked on the ground that they offended the newly adopted amendment. The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the States the …
Was Prosser's Folly Also Traynor's? Or Should The Judge's Monument Be Moved To A Firmer Site?, Reed Dickerson
Was Prosser's Folly Also Traynor's? Or Should The Judge's Monument Be Moved To A Firmer Site?, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Book Review. A Special Kind Of Justice, Edward F. Sherman
Book Review. A Special Kind Of Justice, Edward F. Sherman
Articles by Maurer Faculty
No abstract provided.
Judicial Activity And Public Attitude: A Quantitative Study Of Selective Service Sentencing In The Vietnam War Period, Dianne Bennett Graebner
Judicial Activity And Public Attitude: A Quantitative Study Of Selective Service Sentencing In The Vietnam War Period, Dianne Bennett Graebner
Buffalo Law Review
No abstract provided.
Aa Problem Of Overlapping Power In The District Courts - Murrow V. Clifford
Aa Problem Of Overlapping Power In The District Courts - Murrow V. Clifford
Maryland Law Review
No abstract provided.
Organizational Contumacy In The Transmission Of Judicial Policies: The Mapp, Escobedo, Miranda, And Gault Cases, Bradley C. Canon
Organizational Contumacy In The Transmission Of Judicial Policies: The Mapp, Escobedo, Miranda, And Gault Cases, Bradley C. Canon
Villanova Law Review
No abstract provided.
Book Review, Samuel Sonenfield
Book Review, Samuel Sonenfield
Cleveland State Law Review
Review of The Jury- Tool of Kings, Palladium of Liberty, LLoyd E. Moore, New York, The H.W. Anderson Co., 1973.