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Supreme Court of the United States

1980

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Articles 1 - 23 of 23

Full-Text Articles in Law

The Supreme Court And Press Fashions, Robert Mason Dec 1980

The Supreme Court And Press Fashions, Robert Mason

William & Mary Law Review

No abstract provided.


Constitutional Torts, Christina B. Whitman Nov 1980

Constitutional Torts, Christina B. Whitman

Articles

In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution is being ...


State Income Taxation Of Multijurisdictional Corporations: Reflections On Mobil, Exxon, And H.R. 5076, Walter Hellerstein Nov 1980

State Income Taxation Of Multijurisdictional Corporations: Reflections On Mobil, Exxon, And H.R. 5076, Walter Hellerstein

Michigan Law Review

The purpose of this Article is twofold: first, to analyze the Mobil and Exxon decisions; second, to consider the congressional reaction they may engender. Because the terrain that this Article covers may be unfamiliar to some readers, a few further words of introduction may be appropriate.

Taken together, the Mobil and Exxon decisions dealt with the three methods of dividing a multijurisdictional corporation's income among the states - specific allocation, separate accounting and apportionment by formula. Each method provides a different solution to the problem of determining the portion of the income of multistate businesses that should be taxable by ...


Mr. Justice Nixon, Martin Miller Oct 1980

Mr. Justice Nixon, Martin Miller

In the Public Interest

No abstract provided.


Earl Warren: The Judge Who Changed America. By Jack Harrison Pollack, Richard Y. Funston Oct 1980

Earl Warren: The Judge Who Changed America. By Jack Harrison Pollack, Richard Y. Funston

Vanderbilt Law Review

Earl Warren was a decent, personable, and humane man who had the good fortune to preside over the Supreme Court of the United States at a peculiarly propitious moment. That, surely, is enough to say for any man's lifetime, and someday the definitive biography of Warren will say it. In the meantime, it remains some-thing of a mystery why aging liberals find it necessary to canonize the late Chief Justice. Nevertheless, journalist Jack Harrison Pollack's Earl Warren: The Judge Who Changed America is the latest addition to the Warren hagiography. In it you meet Warren,the self-effacing, underpaid ...


The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay Oct 1980

The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay

Buffalo Law Review

No abstract provided.


Interrogation Without Questions: Rhode Island V. Innis And United States V. Henry, Welsh S. White Aug 1980

Interrogation Without Questions: Rhode Island V. Innis And United States V. Henry, Welsh S. White

Michigan Law Review

In Rhode Island v. Innis, the Court defined "interrogation" within the meaning of Miranda; and in United States v. Henry, it defined "deliberate elicitation" within the meaning of Massiah. This article explores the implications of Innis and Henry, suggests readings of the new tests consistent with their purposes, and applies the tests to several situations where the scope of the fifth and sixth amendment protections remains unclear.


Preserving The Progressive Spirit In A Conservative Time: The Joint Reform Efforts Of Justice Brandeis And Professor Frankfurter, 1916-1933, David W. Levy, Bruce Allen Murphy Aug 1980

Preserving The Progressive Spirit In A Conservative Time: The Joint Reform Efforts Of Justice Brandeis And Professor Frankfurter, 1916-1933, David W. Levy, Bruce Allen Murphy

Michigan Law Review

On January 28, 1916, President Wilson sent the name of Louis D. Brandeis to the Senate for confirmation as a Justice of the United States Supreme Court. Wilson's act surprised many Americans and sparked one of the bitterest confirmation struggles in the history of the Republic. The nomination and the confirmation that followed also created a painful and highly personal dilemma for the new Justice. This dilemma led Brandeis to a private arrangement that opened an unusual and revealing chapter in the story of the extra judicial activities of American justices. Even more important, the arrangement constitutes a noteworthy ...


The Fifth Amendment And The Inference Of Guilt From Silence: Griffin V. California After Fifteen Years, Donald B. Ayer May 1980

The Fifth Amendment And The Inference Of Guilt From Silence: Griffin V. California After Fifteen Years, Donald B. Ayer

Michigan Law Review

This Article will begin with an examination of the historic (and present) purposes underlying the fifth amendment privilege against self-incrimination, upon which any justification of the no-comment rule must ultimately rest. It will explore the danger that these purposes may be thwarted not only when defendants are actually compelled to be witnesses against themselves, but also when significant burdens are placed on defendants who choose not to testify. In Griffin, the Court reasoned that comment on the defendant's silence amounted to such an impermissible burden. But the Court failed to examine the weight of this burden. This failure makes ...


Collateral Estoppel And Supreme Court Disposition Of Moot Cases, Michigan Law Review May 1980

Collateral Estoppel And Supreme Court Disposition Of Moot Cases, Michigan Law Review

Michigan Law Review

In response to the Government's novel proposal in Velsicol, this Note reconsiders the procedures by which the Supreme Court could dispose of moot cases. Section I examines the collateral estoppel effects of the Supreme Court's present procedure and the Government's proposal in Velsicol. Section II concludes that both procedures afford excessive protection from collateral estoppel because they misconceive the purpose of Supreme Court review. The Note suggests that, when faced with a moot federal petition for certiorari, the Supreme Court should either deny the petition or, if certiorari has already been granted, dismiss the case.


The Role Of The Supreme Court, Raoul Berger Apr 1980

The Role Of The Supreme Court, Raoul Berger

University of Arkansas at Little Rock Law Review

No abstract provided.


From Brown To Bakke: The Supreme Court And School Integration: 1954-1978, Michigan Law Review Mar 1980

From Brown To Bakke: The Supreme Court And School Integration: 1954-1978, Michigan Law Review

Michigan Law Review

A Book Notice about From Brown to Bakke: The Supreme Court and School Integration: 1954-1978 by J. Harvie Wilkinson III


The Supreme Court: Myth And Reality, Michigan Law Review Mar 1980

The Supreme Court: Myth And Reality, Michigan Law Review

Michigan Law Review

A Book Notice about The Supreme Court: Myth and Reality by Arthur Selwyn


Treaties: Fishing Rights In The Pacific Northwest--The Supreme Court "Legislates" An Equitable Solution, Rod Vessels Jan 1980

Treaties: Fishing Rights In The Pacific Northwest--The Supreme Court "Legislates" An Equitable Solution, Rod Vessels

American Indian Law Review

No abstract provided.


Tribal Sovereignty: An Analysis Of Montana V. United States, S. J. Bloxham Jan 1980

Tribal Sovereignty: An Analysis Of Montana V. United States, S. J. Bloxham

American Indian Law Review

No abstract provided.


Aboriginal Title, Alaskan Native Property Rights, And The Case Of The Tee-Hit-Ton Indians, Steven John Bloxham Jan 1980

Aboriginal Title, Alaskan Native Property Rights, And The Case Of The Tee-Hit-Ton Indians, Steven John Bloxham

American Indian Law Review

No abstract provided.


The Equal Protection Clause In The Supreme Court, 1873-1903, Richard Kay Jan 1980

The Equal Protection Clause In The Supreme Court, 1873-1903, Richard Kay

Faculty Articles and Papers

No abstract provided.


The Supreme Court, Tribal Sovereignty, And Continuing Problems Of State Encroachment Into Indian Country, Clifford M. Lytle Jan 1980

The Supreme Court, Tribal Sovereignty, And Continuing Problems Of State Encroachment Into Indian Country, Clifford M. Lytle

American Indian Law Review

No abstract provided.


What About Colville?, Bess Lee Chen Jan 1980

What About Colville?, Bess Lee Chen

American Indian Law Review

No abstract provided.


Is Ordeal By Discovery Over - Discovery By Telephone And Conference: New Pretrial Techniques Considered For The District Courts Adopted By The United States Customs Court, 13 J. Marshall L. Rev. 225 (1980), Joel M. Wachs Jan 1980

Is Ordeal By Discovery Over - Discovery By Telephone And Conference: New Pretrial Techniques Considered For The District Courts Adopted By The United States Customs Court, 13 J. Marshall L. Rev. 225 (1980), Joel M. Wachs

UIC Law Review

No abstract provided.


Public Figures And Malice: Recent Supreme Court Decisions Restricting The Constitutional Privilege, Ann M. Annase, Scott A. Milburn Jan 1980

Public Figures And Malice: Recent Supreme Court Decisions Restricting The Constitutional Privilege, Ann M. Annase, Scott A. Milburn

University of Richmond Law Review

Historically, Americans have placed great importance on both their good name and their right to free speech. "As ingrained as both of these ideals are in the very fabric of our society, they sometimes run counter to each other." The Supreme Court has tried to balance these conflicting ideals in libel cases involving the first amendment's protection of freedom of the press. In the 1964 case of New York Times Co. v. Sullivan, the Court held that the first amendment's constitutional privilege extends to those publishing defamatory statements concerning official conduct, and that a plaintiff in such a ...


Federalism And Social Change, Terrance Sandalow Jan 1980

Federalism And Social Change, Terrance Sandalow

Articles

A familiar passage in Professors Hart and Wechsler's casebook likens the relationship between federal and state law to that which exists between statutes and the common law. The underlying idea is that federal law rests upon a substructure of state law. "It builds upon legal relationships established by the states, altering or supplanting them only so far as necessary for [its] special purpose."' A similar relationship exists between state and federal judicial systems. State courts are courts of general jurisdiction, assumed to have authority to adjudicate controversies unless Congress has displaced them by conferring exclusive jurisdiction on federal courts ...


Judicial Review And The National Political Process: A Functional Reconsideration Of The Role Of The Supreme Court, Henry Paul Monaghan Jan 1980

Judicial Review And The National Political Process: A Functional Reconsideration Of The Role Of The Supreme Court, Henry Paul Monaghan

Faculty Scholarship

Imagine a cold morning early in February. Slowly sipping coffee in an effort to awaken fully, you are reading through the Supreme Court advance sheets. You come across the following brief opinion:

PER CURIAM. Fisher v. Rye Co., No. 81-1, and First Savings Bank v. Smith, No. 81-2. These petitions for certiorari have been consolidated for disposition in a single opin-ion. No. 81-1 challenges an Executive Order that, in an effort to combat gender-based discrimination, requires government contractors to adopt affirmative action programs. No argument is made that the Executive Order is authorized by statute. Concluding that the President's ...