Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Judges

1983

Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 34

Full-Text Articles in Law

Handling The Social Security Disability Case —The View From The Bench, Roger J. Miner '56 Dec 1983

Handling The Social Security Disability Case —The View From The Bench, Roger J. Miner '56

Bar Associations

No abstract provided.


Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum Dec 1983

Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum

Michigan Law Review

What is to be learned from this review of the various analyses offered in dissenting tax opinions over the past five terms of the Supreme Court? When the Court has decisively interpreted narrow or technical language in the statute, dissenters all too often indulge in lengthy analyses that can only serve to create further confusion. Only when the Court focuses on a judicially made rule or an issue with constitutional implications is a broader dissent appropriate. If dissenters generally adhered to the guidelines set forth at the outset of this Article the tax world would, I believe, be at least …


Judicial Efficiency And Improvement, Assembly Committee On Judiciary Nov 1983

Judicial Efficiency And Improvement, Assembly Committee On Judiciary

California Assembly

The subject of today's hearing is judicial efficiency and improvement. The problem of court congestion and delay continues to concern all of us interested in our State's courts. Over the past several years, numerous studies and proposals aimed at improving our judicial system have been suggested, yet there continues to be a strongly held belief by some people that our courts need to be more efficient and that the judicial system moves too slowly. As part of the Assembly Judiciary Committee's effort to get an overview of the nature of court congestion and delay, the Committee has invited parties and …


Memo From John Roberts To Fred Fielding Regarding S. 383, John G. Roberts Oct 1983

Memo From John Roberts To Fred Fielding Regarding S. 383, John G. Roberts

Historical and Topical Legal Documents

No abstract provided.


Sir William R. Meredith C.J.O.: The Search For Authority, R. C.B. Risk Oct 1983

Sir William R. Meredith C.J.O.: The Search For Authority, R. C.B. Risk

Dalhousie Law Journal

This paper is a study of the judicial mind of Sir William R. Meredith, especially his beliefs about the common law and statutes. I offer it as a tribute to John Willis, with respect for his humane and restless mind, and with gratitude for all that he taught me. I am especially grateful for so many long talks on Sundays, when I had just begun to teach and he had been acknowledged for decades to be a great teacher, and we were both worried about Monday's classes. I discovered only slowly how much I learned listening to him struggling to …


Sharing In Justice, Roger J. Miner '56 May 1983

Sharing In Justice, Roger J. Miner '56

Flag Day & Law Day Ceremonies

No abstract provided.


Modern Unilateral Contracts, Mark Pettit May 1983

Modern Unilateral Contracts, Mark Pettit

Faculty Scholarship

Why would anyone write about unilateral contracts today? After all, Karl Llewellyn argued convincingly more than forty years ago' that unilateral contracts are rare and unimportant and should be relegated to the "freak tent. ' 2 Academics, he said, created the "Great Dichotomy" between unilateral and bilateral contracts; lack of support for the unilateral contract idea in the cases required those academics to illustrate the concept with ridiculous hypotheticals about climbing greased flagpoles and crossing the Brooklyn Bridge. The drafters of the Second Restatement of Contracts thus considered it a step forward when they not only minimized the importance of …


Memoranda From John Roberts To Fred Fielding Regarding Intercircuit Tribunal [1983], John G. Roberts Apr 1983

Memoranda From John Roberts To Fred Fielding Regarding Intercircuit Tribunal [1983], John G. Roberts

Historical and Topical Legal Documents

No abstract provided.


Improving Jury Deliberations: A Reconsideration Of Lesser Included Offense Instructions, Michael D. Craig Apr 1983

Improving Jury Deliberations: A Reconsideration Of Lesser Included Offense Instructions, Michael D. Craig

University of Michigan Journal of Law Reform

This Note approves of efforts to avoid hung juries by giving lesser included offense instructions but opposes those instructions that restrict juror decisions and coerce minority jurors. Rather, this Note offers a lesser included offense instruction that promotes flexibility and jury compromise without undermining the deliberative process. Part I describes the problem of hung juries and how courts have tried to prevent them with restrictive lesser included offense instructions. Part II analyzes the coercive impact of restrictive lesser included offense instructions and concludes that an instruction conditioning deliberations upon individual juror disagreement better promotes compromises on the merits while reducing …


Why Creative Judging Won't Save The Products Liability System, James A. Henderson Jr. Apr 1983

Why Creative Judging Won't Save The Products Liability System, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer Apr 1983

Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer

University of Michigan Journal of Law Reform

This Note advocates that federal courts review state criminal convictions in habeas corpus proceedings when lesser included offense instructions are available under state law but were not given. Part I demonstrates that granting such review conforms to the modern jurisdictional scope of federal collateral review because failure to give the instructions undermines the fact-finding function of juries and is therefore unconstitutional. Part II analyzes the proper standard of review and determines that the federal interest in protecting the reliability of the fact-finding process should prevail over any conflicting state interest in refusing to give lesser included offense instructions. Part II …


Explaining Judicial Lawgivers, Robert P. Smith, Jr. Apr 1983

Explaining Judicial Lawgivers, Robert P. Smith, Jr.

Florida State University Law Review

No abstract provided.


Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller Mar 1983

Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller

Michigan Law Review

A Review of The Passive Judiciary by Abraham S. Goldstein


American Court Management: Theories And Practices, Michigan Law Review Mar 1983

American Court Management: Theories And Practices, Michigan Law Review

Michigan Law Review

A Review of American Court Management: Theories and Practices by David J. Saari


Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson Mar 1983

Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson

Michigan Law Review

A Review of Earl Warren: A Public Life by G. Edward White, and Super Chief: Earl Warren and His Supreme Court--A Judicial Biography by Bernard Schwartz


Of Standards For Extra-Judicial Behavior, Russell R. Wheeler Mar 1983

Of Standards For Extra-Judicial Behavior, Russell R. Wheeler

Michigan Law Review

A Review of The Brandeis/Frankfurter Connection: The Secret Political Activities of Two Supreme Court Justices by Bruce Allen Murphy


Justice O'Connor: A First Term Appraisal, Robert E. Riggs Mar 1983

Justice O'Connor: A First Term Appraisal, Robert E. Riggs

BYU Law Review

No abstract provided.


Judicial Reform: Setting The Prairies Afire, Monroe G. Mckay Mar 1983

Judicial Reform: Setting The Prairies Afire, Monroe G. Mckay

Michigan Law Review

A Review of A Blueprint for Judicial Reform edited by Patrick B. McGuigan and Randall R. Rader


The Politics Of Judicial Reform, Michigan Law Review Mar 1983

The Politics Of Judicial Reform, Michigan Law Review

Michigan Law Review

A Review of The Politics of Judicial Reform edited by Philip L. Dubois


Louis D. Brandeis And The Progressive Tradition, Michigan Law Review Mar 1983

Louis D. Brandeis And The Progressive Tradition, Michigan Law Review

Michigan Law Review

A Review of Louis D. Brandeis and the Progressive Tradition by Melvin I. Urofsky


Article Iii Versus Bankruptcy Judges And Magistrates -- A Partial Triumph Of Principles Of Separation Of Powers Over The Pragmatism Of Docket Congestion, William Vandercreek Jan 1983

Article Iii Versus Bankruptcy Judges And Magistrates -- A Partial Triumph Of Principles Of Separation Of Powers Over The Pragmatism Of Docket Congestion, William Vandercreek

Florida State University Law Review

No abstract provided.


An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador Jan 1983

An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador

University of Michigan Journal of Law Reform

The recent litigation explosion presents a two-pronged dilemma for American appellate courts. If, on the one hand, the number of appellate judges is not expanded to keep abreast of growing case loads, there is a risk that courts will rely too heavily on professional staff, thereby watering down the decision-making process. If, on the other hand, the number of judges is proportionately increased with the growth in appellate litigation, the number of three-judge decisional units will also increase, thereby threatening predictability and uniformity in the law of the jurisdiction. This Article undertakes to explain that dilemma and to offer a …


Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young Jan 1983

Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young

Faculty Scholarship

No abstract provided.


Justice Rehnquist, Statutory Interpretation, The Policies Of Clear Statement, And Federal Jurisdiction, William V. Luneburg Jan 1983

Justice Rehnquist, Statutory Interpretation, The Policies Of Clear Statement, And Federal Jurisdiction, William V. Luneburg

Indiana Law Journal

No abstract provided.


Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper Jan 1983

Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper

University of Michigan Journal of Law Reform

The purpose of this Article is to explore these issues in light of Sacramento's experience with the expedited appeal procedure. The data presented here are drawn from an evaluation of the first twelve months of the procedure's operation. This evaluation was based on court records of the more than one hundred cases that followed the expedited procedure to completion, in-person interviews with members of the court and court staff, and telephone interviews with participating attorneys. Part I briefly sets out the new procedure and the context in which this procedure was introduced and integrated. Part II discusses the conclusions that …


Error Correction, Lawmaking, And The Supreme Court’S Exercise Of Discretionary Review, Arthur D. Hellman Jan 1983

Error Correction, Lawmaking, And The Supreme Court’S Exercise Of Discretionary Review, Arthur D. Hellman

Articles

Controversies involving the United States Supreme Court generally center on the content of Court’s decisions, but in recent years, much attention has focused on the Court’s processes – in particular, two very different aspects of the Court’s modes of doing business. At one end of the spectrum, the number of cases receiving plenary consideration – full briefing, oral argument, and (almost invariably) a signed opinion – has shrunk to levels lower than any since the Civil War. At the other end, the Court has effectively resolved many high-profile disputes through unexplained orders granting or denying emergency relief in cases in …


The Meaning Of Judicial Self-Restraint, Richard A. Posner Jan 1983

The Meaning Of Judicial Self-Restraint, Richard A. Posner

Indiana Law Journal

No abstract provided.


Justice, Bureaucracy, Structure, And Simplification, Bernard S. Meyer Jan 1983

Justice, Bureaucracy, Structure, And Simplification, Bernard S. Meyer

Maryland Law Review

No abstract provided.


Justice Brennan And The Bill Of Rights, David B. Brownhill Jan 1983

Justice Brennan And The Bill Of Rights, David B. Brownhill

Dissertations and Theses

The research problem examined in my thesis is stated clearly in the title: Justice Brennan and The Bill of Rights. In my examination, I relied primarily on Brennan's opinions, and secondarily, on scholarly commentaries authored by Brennan and others. I located the cases through a combination of sources. Initially, I consulted the Harvard Law Reviews' "Supreme Court Term, (1956-1981) Term(s)," which is published annually in its November edition, and then, I turned to the writings by, and about, Brennan my findings show that Brennan's approach in these cases has evolved over the years toward a more absolutist one.


The Legal/Extra-Legal Controversy: Judicial Decisions In Pretrial Release, Ilene H. Nagel Jan 1983

The Legal/Extra-Legal Controversy: Judicial Decisions In Pretrial Release, Ilene H. Nagel

Articles by Maurer Faculty

This study analyzes data for state criminal defendants prosecuted in New York to determine the bases upon which judges make pretrial release decisions for these defendants. Treating statutory law as defining the category of legal variables, it finds legal factors substantially affect decisions about whether to release a defendant on recognizance, the amount of bail required, and whether to offer a defendant a cash alternative to a surety bond. The impact of these factors varies, however, depending upon the particular decision being made. Factors not prescribed in the statute-extra-legal factors—are also found to affect these pretrial release decisions. Their impact, …