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Articles 1 - 12 of 12
Full-Text Articles in Law
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.
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.
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.
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 …
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.
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.
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 …
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 …
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."
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 …
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, …