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Articles 61 - 64 of 64
Full-Text Articles in Law
Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel
Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel
Articles
During the 1962 Term, the Supreme Court, on a single Monday, announced six decisions concerned with constitutional limitations upon state criminal procedure. The most publicized of these, though probably not the most important in terms of legal theory or practical effect, was Gideon v. Wainwright. In an era of constantly expanding federal restrictions on state criminal processes, the holding of Gideon-that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel-was hardly startling. And while Gideon will obviously have an important effect in the handful of states that still fail to appoint counsel …
Some Conflicting Decisions Of The United States Supreme Court, Hugh Evander Willis
Some Conflicting Decisions Of The United States Supreme Court, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Stare Decisis - Liability Of Municipal Corporations For Tort, Edson R. Sunderland
Stare Decisis - Liability Of Municipal Corporations For Tort, Edson R. Sunderland
Articles
Courts are charged with the duty of declaring the law. They are also required to decide cases. Either one of those functions might be performed with comparative ease if it were divorced from the other, but when the court is simultaneously obliged to do both, the difficulties are very apparent. To decide a case and at the same time to declare the law means that the court is required to generalize every legal proposition upon which it acts in making its decision. But judges are not omniscient. Who can so fully understand the logical implications and the latent possibilities of …
Collateral Attacks Based On Irregularities, John R. Rood
Collateral Attacks Based On Irregularities, John R. Rood
Michigan Law Review
Should judicial action ever be held void on collateral attack by reason of any departure from the prescribed mode of procedure? To discuss this question is the purpose of the present article. The magnitude of the subject will forbid the discussion of any specific departures or modes of procedure in detail. Numberless decisions and discussions on specific points will be found scattered through the books where these points are severally treated. If anything need be said, the comprehensive view is the one most needing attention, and least liable to receive it, because text-writers to a great extent, and the courts …