Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- United States Supreme Court (12)
- Supreme Court (4)
- Capital punishment (3)
- Death penalty (3)
- Burger Court (2)
-
- Central Hardware Co. v. NLRB (2)
- Criminal law (2)
- Death (2)
- Florida (2)
- Furman (2)
- Furman v. Georgia (2)
- Labor unions (2)
- NLRB v. Burns International Security Services Inc. (2)
- National Labor Relations Board (2)
- Successorship (2)
- 414 U.S. 105 (1)
- Abe Fortas (1)
- Adams v. Egley (1)
- Arthur J. Goldberg (1)
- Article 9 (1)
- Authority (1)
- Banks (1)
- Barber v. Page (1)
- Biography (1)
- Book Reviews (1)
- Book review (1)
- Chemical & Alkali Workers Local I v. Pittsburgh Plate Glass Co. (1)
- Chemical Workers Local 1 v. Pittsburgh Plate Glass Co. (1)
- Civil Rights (1)
- Collective bargaining (1)
- Publication
-
- Articles (3)
- Faculty Publications (2)
- Michigan Law Review (2)
- Scholarly Publications (2)
- University of Michigan Journal of Law Reform (2)
-
- West Virginia Law Review (2)
- William & Mary Law Review (2)
- Book Chapters (1)
- Buffalo Law Review (1)
- Faculty Scholarship (1)
- Guides to Manuscript Collections (1)
- Historic Documents (1)
- Loyola University Chicago Law Journal (1)
- North Carolina Central Law Review (1)
- Other Publications (1)
- Popular Media (1)
- University of Richmond Law Review (1)
- Vanderbilt Law Review (1)
- Publication Type
Articles 1 - 26 of 26
Full-Text Articles in Law
The Supreme Court's Jurisdiction--Reform Proposals, Discretionary Review, And Writ Dismissals, James F. Blumstein
The Supreme Court's Jurisdiction--Reform Proposals, Discretionary Review, And Writ Dismissals, James F. Blumstein
Vanderbilt Law Review
With judicial reform a matter of intense public debate, it is essential that one understand the political consequences that may result from the adoption of various reform measures. Moreover, it is important to recognize that an evaluation of any proposed change must proceed from one's conception of the role of the Supreme Court in our society and one's perception of the foundations of its legitimacy. Similar considerations also must shape one's analysis of the rule of four and the Court's practice of dismissing certiorari as improvidently granted. While discretionary review increasingly has politicized a large portion of the Court's work, …
See The Marshall Exhibit At The Supreme Court Building, William F. Swindler
See The Marshall Exhibit At The Supreme Court Building, William F. Swindler
Popular Media
No abstract provided.
Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson
Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson
Scholarly Publications
No abstract provided.
The Chief Justice As Leader: The Case Of Morrison Remick Waite, D. Grier Stephenson Jr.
The Chief Justice As Leader: The Case Of Morrison Remick Waite, D. Grier Stephenson Jr.
William & Mary Law Review
No abstract provided.
Immunity Under The Speech Or Debate Clause For Republican And From Questioning About Sources, Michigan Law Review
Immunity Under The Speech Or Debate Clause For Republican And From Questioning About Sources, Michigan Law Review
Michigan Law Review
Gravel v. United States, which arose out of Senator Mike Gravel's attempt to publicize the Pentagon Papers, concerned the scope of the immunity conferred upon a legislator and his aide under article I, section 6, of the United States Constitution. This provision, commonly called the "speech or debate clause," provides that "for any Speech or Debate in either House, [United States Senators or Representatives] shall not be questioned in any other Place." Gravel is one of the few Supreme Court interpretations of this clause.
The Modern Supreme Court, Joseph E. Fortenberry
The Modern Supreme Court, Joseph E. Fortenberry
West Virginia Law Review
No abstract provided.
Justice Thurgood Marshall: An Analysis Of His First Years On The Court, 1967-1971, Randall Walton Bland
Justice Thurgood Marshall: An Analysis Of His First Years On The Court, 1967-1971, Randall Walton Bland
North Carolina Central Law Review
No abstract provided.
The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland
The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland
West Virginia Law Review
No abstract provided.
The Uniqueness Of The Warren And Burger Courts In American Constitutional History, P. Allan Dionisopoulos
The Uniqueness Of The Warren And Burger Courts In American Constitutional History, P. Allan Dionisopoulos
Buffalo Law Review
No abstract provided.
Book Review Of A Question Of Judgment: The Fortas Case And The Struggle For The Supreme Court, Richard A. Williamson
Book Review Of A Question Of Judgment: The Fortas Case And The Struggle For The Supreme Court, Richard A. Williamson
William & Mary Law Review
No abstract provided.
A Critical Guide To Ex Parte Mccardle, William W. Van Alstyne
A Critical Guide To Ex Parte Mccardle, William W. Van Alstyne
Faculty Publications
Given the growing trend of proposed Congressional bills seeking to remove certain types of cases from the Supreme Court's appellate jurisdiction, this examination looks back on Ex Parte McCardle, the quintessential case that defined the limits of the Exceptions Clause.
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
Scholarly Publications
The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …
The Presidium Crisis - A Study Of Power Allocation In United States Government, Stephen D. Marcus
The Presidium Crisis - A Study Of Power Allocation In United States Government, Stephen D. Marcus
Loyola University Chicago Law Journal
No abstract provided.
Gregory Hess, Appellant V. State Of Indiana, Appellee (On Appeal From The Supreme Court Of Indiana) In The Supreme Court Of The United States, Patrick Baude, F. Thomas Schornhorst
Gregory Hess, Appellant V. State Of Indiana, Appellee (On Appeal From The Supreme Court Of Indiana) In The Supreme Court Of The United States, Patrick Baude, F. Thomas Schornhorst
Historic Documents
Jurisdictional Statement
October Term, 1973
The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips
The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips
University of Michigan Journal of Law Reform
The confrontation clause is that language of the sixth amendment to the United States Constitution which provides, "[I]n all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him." Despite the seemingly absolute language of the confrontation clause, which would suggest that no hearsay evidence may be admitted against an accused in a criminal proceeding, its guarantee has been subject to exception. For example, when either a witness to an event or his testimony is shown to be unavailable, others will be allowed to testify as to the information which the declarant-witness has related …
0005: Charles P. T. Moore Papers, 1861-1886, Marshall University Special Collections
0005: Charles P. T. Moore Papers, 1861-1886, Marshall University Special Collections
Guides to Manuscript Collections
Judge of West Virginia Supreme Court of Appeals. Papers are primarily legal documents or letters concerning legal matters. Includes an invoice of articles received from J. A. Kline for use in the General Hospital at Point Pleasant, West Virginia, by the Second Virginia Cavalry. ACCESSION 558; addendum to ACCESSION 5 contains items found in home and consists primarily of printed material related to farming; includes receipts, correspondence, and other holographic items.
Congressional Discretion In Dealing With The Federal Rules Of Evidence, Stuart M. Lockman
Congressional Discretion In Dealing With The Federal Rules Of Evidence, Stuart M. Lockman
University of Michigan Journal of Law Reform
On November 20, 1972, the Supreme Court, pursuant to statutory authority, adopted the Federal Rules of Evidence. The new rules of evidence were not to take effect, however, until ninety days after they had been submitted to Congress. The rules were officially submitted on February 5, 1973, but even before that date they had become the subject of extensive legislative debate. While some attorneys praise the codification of evidence rules as a progressive step, others maintain that certain of these promulgations will have an objectionable impact on the federal judicial system or that the Supreme Court has exceeded its authority …
Book Review Of The Modern Supreme Court By Robert C. Mccloskey, Edward A. Purcell Jr.
Book Review Of The Modern Supreme Court By Robert C. Mccloskey, Edward A. Purcell Jr.
Other Publications
No abstract provided.
Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine
Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine
Book Chapters
Following is the text of an address by Theodore J. St. Antoine, Dean and Professor of Law, University of Michigan Law School, to the annual meeting of the American Bar Association's Sect"ion of Labor Relations Law held in San Francisco, August 12-15, 1972. Full title of the address is "Judicial Caution and the Supreme Court's Labor Decisions, October Term 1971."
Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine
Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine
Articles
Labor law, like most other law in the making, is intensely political at its margins. On certain central themes, such as the right to join a union and freedom of contract, judges and administrators of widely varying outlooks may be able to reach a consensus. But along the frontiers of the law, no such accord can be expected. Conscientious decision-makers will inevitably differ with one another, depending on their diverse social values. They may even differ with their own prior positions, depending on shifts in the political climate. Moreover, if the decision-makers happen to be justices of the United States, …
Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii
Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
Jim Payne - The Man, Julian E. Savage
Jim Payne - The Man, Julian E. Savage
University of Richmond Law Review
Others will remember him as a teacher; as a colleague; as a scholar. I remember the man-a very human man-an exceptionally sensitive man. Some, who had contact with him only during the last year or two of his life, should know that illness and fatigue were then his' daily companions, forcing concessions of his time and brilliance, and making it impossible for him to give as fully of himself to his students as he had done for so many years past.
Contract Rights And The Successor Employer: The Impact Of Burns Security, Michigan Law Review
Contract Rights And The Successor Employer: The Impact Of Burns Security, Michigan Law Review
Michigan Law Review
This Note will only briefly discuss the implications of Burns for NLRB proceedings. Instead, the focus will be on the impact of Burns on actions to compel arbitration under section 301. Is the rationale of Burns inconsistent with the rule established in Wiley for section 301 actions? If it does not undermine Wiley, does Burns indicate when employers will be deemed successors in future actions under section 301 to compel arbitration? Before examining these questions, however, it is necessary to consider the decisions of Wiley and Burns.
The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White
The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White
Articles
In this paper I propose to identify possible ways in which a court could uphold the constitutionality of section 9-503 without an explicit rejection of Fuentes v. Shevin. It is my thesis that Fuentes v. Shevin is probably an undesirable outcome, and that the application of the same doctrine to self-help repossession is certainly undesirable and would constitute due process gone berserk. My arguments will not be novel; each has been suggested by the courts that have considered this matter, or by the briefs of the lawyers who have argued these cases. I cannot even claim to have collected the …
The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar
The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar
Articles
Fifty years ago Clarence Darrow, probably the greatest criminal defense lawyer in American history and a leading opponent of capital punishment, observed: The question of capital punishment has been the subject of endless discussion and will probably never be settled so long as men believe in punishment. Some states have abolished and then reinstated it; some have enjoyed capital punishment for long periods of time and finally prohibited the use of it. The reasons why it cannot be settled are plain. There is first of all no agreement as to the objects of punishment. Next there is no way to …
Constitutional Adjucation: The Who And When, Henry Paul Monaghan
Constitutional Adjucation: The Who And When, Henry Paul Monaghan
Faculty Scholarship
When the newly appointed Justices of the Supreme Court assembled in the Royal Exchange Building in New York for their first session on February 2, 1790, the most farsighted individual could not have foreseen what the future held for this tribunal. Now less than a generation short of its 200th anniversary, the Court is universally acknowledged to be the final and authoritative expositor of the Constitution. Yet after almost two centuries, questions concerning this power of the Court to interpret the Constitution remain. The first set of questions centers on the substantive standards for constitutional adjudication. The second, with which …