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Articles 1 - 17 of 17

Full-Text Articles in Law

Inconsistent Standards Of Review In Last Term's Establishment Clause Cases, Neal Devins Oct 1983

Inconsistent Standards Of Review In Last Term's Establishment Clause Cases, Neal Devins

Popular Media

No abstract provided.


Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer Oct 1983

Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer

Faculty Publications

No abstract provided.


Involuntary Sterilization In Virginia: From Buck V. Bell To Poe V. Lynchburg, Paul A. Lombardo Jul 1983

Involuntary Sterilization In Virginia: From Buck V. Bell To Poe V. Lynchburg, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


The Bob Jones Case - Over To Congress, Neal Devins Jun 1983

The Bob Jones Case - Over To Congress, Neal Devins

Popular Media

No abstract provided.


Eleventh Circuit Conference, Lewis F. Powell, Jr. May 1983

Eleventh Circuit Conference, Lewis F. Powell, Jr.

Powell Speeches

No abstract provided.


Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr Jan 1983

Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr

Faculty Publications

The judicial creation of a new rule of law raises the essential question whether that rule is to be applied retroactively orprospectively only. The consistency of the traditionalm andatoryr etroactivityr ule has given way to a more flexible retroactivity ana sis. The change occurred in 1965 when the Supreme Court in Linkletter v. Walker squarelfaced a rule that, if applied retroactively, would have affected thousands of criminal convictions. The Linkletter doctrine has since defined the contours of federal retroactivity ana sis to include three basic considerations: purpose of the rule in question, reliance by theparties on the rule, and effect …


The Legitimacy Debate In Constitutional Adjudication: An Assessment And A Different Perspective, Robert Allen Sedler Jan 1983

The Legitimacy Debate In Constitutional Adjudication: An Assessment And A Different Perspective, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon Jan 1983

Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon

Publications

No abstract provided.


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 …


Book Review: Earl Warren: A Public Life, By G. Edward White, Edward A. Purcell Jr. Jan 1983

Book Review: Earl Warren: A Public Life, By G. Edward White, Edward A. Purcell Jr.

Other Publications

No abstract provided.


Functional Analysis Of The Plain-Error Rule, Girardeau A. Spann Jan 1983

Functional Analysis Of The Plain-Error Rule, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

In this article, I attempt to do two things at once. First, I attempt to analyze the Supreme Court's jurisdiction to conduct "plain-error" review of state court decisions. The plain-error issue merits consideration not only because of its intrinsic interest and arguable complexity, but also because the question whether the Supreme Court is authorized to engage in plain-error review is an open one that I would like to help resolve. My second objective, however, is the more important of the two. In the context of analyzing plain-error review, what I really want to do is analyze legal analysis itself. There …


Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar Jan 1983

Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar

Articles

[U]ntil the [exclusionary rule] rests on a principled basis rather than an empirical proposition, [the rule] will remain in a state of unstable equilibrium. Mapp v. Ohio, which overruled the then twelve-year-old Wolf case and imposed the fourth amendment exclusionary rule (the Weeks doctrine) on the states as a matter of fourteenth amendment due process, seemed to mark the end of an era. Concurring in Mapp, Justice Douglas recalled that Wolf had evoked "a storm of constitutional controversy which only today finds its end."' But in the two decades since Justice Douglas made this observation, the storm of controversy has …


Individual Rights In The Work Place: The Burger Court And Labor Law, Theodore J. St. Antoine Jan 1983

Individual Rights In The Work Place: The Burger Court And Labor Law, Theodore J. St. Antoine

Book Chapters

The Supreme Court, like other institutions, must play the part that the times demand, often with small regard for the personal predilections of its membership. The Warren Court and the Burger Court, in their respective contributions to the law of union-employer-employee relations, almost reversed the roles they might have been expected to assume. The major accomplishment of the Court in the labor area during the Warren era was a fundamental restructuring of intergovernmental relationships, while the Court's overriding concern throughout the Burger decade of the 1970s and beyond has been the defining of individual rights in the work place.


The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar Jan 1983

The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar

Book Chapters

In one sense the Warren Court's "revolution" in American criminal procedure may be said to. have been launched by the 1956 case of Griffin v. Illinois (establishing an indigent criminal defendant's right to a free transcript on appeal, at least under certain circumstances) and to have been significantly advanced by two 1963 cases: Gideon v. Wainwright (entitling an indigent defendant to free counsel, at least in serious criminal cases) and Douglas v. California (requiring a state to provide an indigent with counsel on his first appeal from a criminal conviction). But these were not the cases that plunged the Warren …


Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel Jan 1983

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Book Chapters

Richard Nixon's criticism of the Warren Court during the 1968 presidential campaign centered largely on the Court's handling of cases involving criminal rights. According to candidate Nixon, the Court had gone much too far. It had twisted the Constitution to serve its own purposes, created a maze of legal technicalities that worked only to frustrate legitimate law enforcement efforts, and so weakened "the peace forces as against the criminal forces in this country" as to be largely responsible for the sharp rise in crime that had occurred in the sixties. What had to be done, continued Nixon, was to appoint …


Was There A Baby In The Bathwater? A Comment On The Supreme Court's Legislative Veto Decision, Peter L. Strauss Jan 1983

Was There A Baby In The Bathwater? A Comment On The Supreme Court's Legislative Veto Decision, Peter L. Strauss

Faculty Scholarship

Examining the Supreme Court's recent decisions in the legislative veto case, Professor Strauss stresses the importance of a distinction no Justice observed between use of the veto in matters affecting direct, continuing, political, executive-congressional relations, and use of the veto in a regulatory context. Only the latter, he argues, had to be reached by the Court; and only the latter presents the constitutional difficulties that troubled the Court. The utility of the veto in the political context makes the opinions' sweep regrettable.


Extraordinary Writ Practice In Criminal Cases: Analogies For The Military Courts, Edward H. Cooper Jan 1983

Extraordinary Writ Practice In Criminal Cases: Analogies For The Military Courts, Edward H. Cooper

Articles

Extraordinary writs have two central functions in the hands of appellate courts. One is to enforce the court's mandate; there is no particular difficulty with this use of the writs, and no more need be said about it. The other function is to circumvent the ordinary channels of appellate review. In this function, writs operate as appeals in all but name. As this use has become more and more routine, it would be more appropriate to speak of them as "appeals writs" rather than extraordinary writs. My assignment is to speak of the experience with appeals writs in criminal cases …