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Articles 31 - 43 of 43

Full-Text Articles in Law

Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re Jan 1991

Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re

Cleveland State Law Review

As a federal judge I fully appreciate the role of the judiciary in reviewing the actions of administrative agencies. Hence, I am pleased to discuss the concepts of due process, judicial review, and the rights of the individual. Since it cannot be questioned that public officers and administrative agencies vitally affect the lives and interests of all persons, it is important to know the legal controls and remedies that are available to assure that public officials act lawfully. This, of course, implies that all administrators and officers of government must act within the bounds of their delegated authority and comply …


Gates, Leon, And The Compromise Of Adjudicative Fairness (Part Ii): Of Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel Jay Finer Jan 1985

Gates, Leon, And The Compromise Of Adjudicative Fairness (Part Ii): Of Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel Jay Finer

Cleveland State Law Review

Part I examined in a dialogue form the idea that Justice White and other members of the Leon majority had prejudged issues of law in earlier cases––pre-committed themselves in violation of their duty of impartiality––by elaborating in detailed, cohesive, comprehensive opinions, reasons why existing law was incorrect and had to be changed to permit a "good-faith, objective police reasonableness" exception to the exclusionary rule. These prejudgments precluded fair consideration of the merits in Leon. Beyond that, the Leon opinion itself, considered in view of the arguments of counsel and the scholarship in currency, evinced an agenda-driven pre-commitment to its outcome; …


The Role Of A Judge In Modern Society: Some Reflections On Current Practice In Federal Appellate Adjudication, Harry T. Edwards Jan 1984

The Role Of A Judge In Modern Society: Some Reflections On Current Practice In Federal Appellate Adjudication, Harry T. Edwards

Cleveland State Law Review

In a recent article, I addressed one aspect of the complex of issues facing federal judges--the problems allegedly attendant upon the "bureaucratization" of the decision-making process at the appellate level. The present paper considers a different set of questions: taking as given the current organization, jurisdiction, and caseload of the federal courts, how might appellate judges alter their habits and attitudes so as to perform better their allotted tasks and how might Congress alter its own practices so as to facilitate the refinement and more effective utilization of appellate adjudication? The ensuing discussion of those topics is divided into three …


Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone Jan 1984

Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone

Cleveland State Law Review

I shall examine and criticize three of the many judicial decisions in the area of law and medicine. These cases are Doe v. Bolton, Superintendent of Belchertown State School v. Saikewicz, and Rogers v. Commissioner of the Department of Mental Health. Those of you who like to think of the law as reason and justice tempered by mercy will be offended by what I have to say; but I shall be evenhanded. Those of you who think of medicine as science and art tempered by compassion will also be offended. My justification for the critical and polemical thesis I shall …


Gates, Leon, And The Compromise Of Adjudicative Fairness (Part I): A Dialogue On Prejudicial Concurrences, Joel Jay Finer Jan 1984

Gates, Leon, And The Compromise Of Adjudicative Fairness (Part I): A Dialogue On Prejudicial Concurrences, Joel Jay Finer

Cleveland State Law Review

This two-part Article is about certain qualities of fairness –those qualities that although subtle, are central to the idea and spirit of justice in adjudication. This Article is about how those qualities were subverted in the process by which the doctrine of United States v. Leon became law. Part I of the Article –A Dialogue on Prejudicial Concurrences–published herein, suggests that several members of the Leon majority (particularly its author, Justice White) were unable to impartially adjudicate the constitutional question because of pre-decisional gratuitous opinions (from the bench) on the subject. More specifically, the Dialogue explores the virtually unquestioned assumption …


The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy Jan 1980

The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy

Cleveland State Law Review

Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.


The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy Jan 1980

The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy

Cleveland State Law Review

Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.


Prefatory Remark, Dorothy W. Nelson Jan 1980

Prefatory Remark, Dorothy W. Nelson

Cleveland State Law Review

There are three prime roles the trial judge should play in clinical legal education: (1) to become involved with the education of the students, (2) to engage with students in a vigorous examination of the judicial process, and (3) to examine critically the educational process in the law schools and its relationship to the courts.


Justice Harold H. Burton And The Work Of The Supreme Court, David N. Atkinson Jan 1978

Justice Harold H. Burton And The Work Of The Supreme Court, David N. Atkinson

Cleveland State Law Review

Harold H. Burton served for thirteen years on the United States Supreme Court during a turbulent period of innovative constitutional policymaking. Hard working and open-minded, he was inevitably involved in the cross currents of small group interaction within the Supreme Court. Consequently, the purpose of this essay -relying on law clerk questionnaires and interviews -is to describe and evaluate his intra-Court behavior.


Abuse Of Attorneys By Judges, Francis G. Homan Jr. Jan 1965

Abuse Of Attorneys By Judges, Francis G. Homan Jr.

Cleveland State Law Review

Popular notions have it that almost all misconduct in the courtroom is attributable to attorneys. Yet many practitioners before the bar have suffered abuse by members of the judiciary. How frequently this occurs is not known, but sometimes incidents of non-judicial conduct are revealed in other than case reports.


The Judicial Process, Lee E. Skeel Jan 1960

The Judicial Process, Lee E. Skeel

Cleveland State Law Review

The judicial process is that technique by which coherent direction of thought on the basic principles of social rights and duties is made available for judicial officers. It is the duty of such officers diligently to seek out the rules which must be used as the bases of judgment. The sources from which they must seek help are as wide and varied as the sum total of past and present human experience.


Book Review, Anthony R. Fiorette Jan 1959

Book Review, Anthony R. Fiorette

Cleveland State Law Review

Reviewing Vern Countryman, Douglas of the Supreme Court, A Selection of His Opinions, Doubleday & Company, Inc., 1959


Book Review, Marcella Matejka Jan 1957

Book Review, Marcella Matejka

Cleveland State Law Review

Reviewing Alpheus Thomas Mason, Harlan Fiske Stone: Pillar of the Law, The Viking Press, 1956