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Articles 1 - 13 of 13

Full-Text Articles in Law

The Supreme Court's Jurisdiction--Reform Proposals, Discretionary Review, And Writ Dismissals, James F. Blumstein Oct 1973

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, …


Immunity Under The Speech Or Debate Clause For Republican And From Questioning About Sources, Michigan Law Review May 1973

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 Chief Justice As Leader: The Case Of Morrison Remick Waite, D. Grier Stephenson Jr. May 1973

The Chief Justice As Leader: The Case Of Morrison Remick Waite, D. Grier Stephenson Jr.

William & Mary Law Review

No abstract provided.


The Modern Supreme Court, Joseph E. Fortenberry Apr 1973

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 Apr 1973

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 Apr 1973

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 Apr 1973

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 Mar 1973

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.


The Presidium Crisis - A Study Of Power Allocation In United States Government, Stephen D. Marcus Jan 1973

The Presidium Crisis - A Study Of Power Allocation In United States Government, Stephen D. Marcus

Loyola University Chicago Law Journal

No abstract provided.


The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips Jan 1973

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 …


Congressional Discretion In Dealing With The Federal Rules Of Evidence, Stuart M. Lockman Jan 1973

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 …


Jim Payne - The Man, Julian E. Savage Jan 1973

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 Jan 1973

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.