Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Faculty Publications

Florida International University College of Law

Discipline
Keyword
Publication Year

Articles 361 - 376 of 376

Full-Text Articles in Law

The Need For A New National Court, Douglas D. Mcfarland, Thomas E. Baker Jan 1987

The Need For A New National Court, Douglas D. Mcfarland, Thomas E. Baker

Faculty Publications

By any measure, the Supreme Court is tremendously overburdened. Statistics speak clearly on this point; sometimes they shout. After the caseload relief provided by the Judges' Bill, 4 which was passed in I925 and took effect during the I928 Term, the Supreme Court caseload grew slowly for thirty years. Beginning in the I96os, growth sharply accelerated, and during the I970S and I98os, the numbers exploded.


Thinking About Federal Jurisdiction — Of Serpents And Swallows, Thomas E. Baker Jan 1986

Thinking About Federal Jurisdiction — Of Serpents And Swallows, Thomas E. Baker

Faculty Publications

In this essay, Professor Baker assumes that the decision to get into or stay in federal court has been made, for whatever reason. His concentration is focused on providing a checklist of some of the typical challenges to jurisdiction and to highlight some uncommon responses. Organizationally, he first considers general issues which apply to all cases, and then considers separately some issues in diversity cases and in federal question cases.


Avoidability Of Intercorporate Guarantees Under Sections 548(A)(2) And 544(B) Of The Bankruptcy Code, Scott F. Norberg Jan 1986

Avoidability Of Intercorporate Guarantees Under Sections 548(A)(2) And 544(B) Of The Bankruptcy Code, Scott F. Norberg

Faculty Publications

No abstract provided.


Federal Jurisdiction, Thomas E. Baker Jan 1985

Federal Jurisdiction, Thomas E. Baker

Faculty Publications

No abstract provided.


A Compendium Of Proposals To Reform The United States Courts Of Appeals, Thomas E. Baker Jan 1985

A Compendium Of Proposals To Reform The United States Courts Of Appeals, Thomas E. Baker

Faculty Publications

Judge Ginsburg has provided a judge's-eye view of the work of a United States Court of Appeals in her Dunwody Lecture.'From her perspective as a judge on the District of Columbia Circuit, she has done a fine job describing the process of deciding appellate cases and composing a reasoned decision. But simply describing" things as they are" in the decisional process will not suffice in this article for two reasons. First, Judge Ginsburg has already done that, as have other judges.


The Ambiguous Independent And Adequate State Ground In Criminal Cases: Federalism Along A Mobius Strip, Thomas E. Baker Jan 1985

Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr Jan 1985

Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr

Faculty Publications

Defendant A was convicted twice previously of felonies and sentenced to prison for fraudulent use of a credit card ($80.00) and for passing a forged check ($28.36). Upon his third felony conviction for obtaining money by false pretenses ($120.75), he received a mandatory life sentence under a state recidivist statute.


“Taking” A Constitutional Look At The State Bar Of Texas Proposal To Collect Interest On Attorney-Client Trust Accounts, Thomas E. Baker, Robert E. Wood Jr. Jan 1983

“Taking” A Constitutional Look At The State Bar Of Texas Proposal To Collect Interest On Attorney-Client Trust Accounts, Thomas E. Baker, Robert E. Wood Jr.

Faculty Publications

No abstract provided.


A Primer On Precedent In The Eleventh Circuit, Thomas E. Baker Jan 1983

A Primer On Precedent In The Eleventh Circuit, Thomas E. Baker

Faculty Publications

This article is the third and final article in a series of articles written by Professor Baker considering the problems of precedent created by the Fifth Circuit Court of Appeals Reorganization Act of 1980. The Act divided the former Fifth Circuit into two autonomous judicial circuits: the new Fifth Circuit, composed of the District of the Canal Zone, Louisiana, Mississippi, and Texas, and the new Eleventh Circuit, composed of Alabama, Florida, and Georgia. In this article, Professor Baker seeks to provide an introduction to how the new Eleventh Circuit has treated antecedent Fifth Circuit precedents. First, Professor Baker identifies and …


Dam Federal Jurisdiction!, Thomas E. Baker Jan 1983

Dam Federal Jurisdiction!, Thomas E. Baker

Faculty Publications

From the outset, the reader should be familiar with our script. Our threefold purpose in writing this essay is to be at once descriptive, evaluative, and prescriptive. We shall describe briefly the decisions of the United States Supreme Court during the 1981 Term in the broad field of federal jurisdiction, and shall compare and contrast those decisions with the past decisions of the United States Court of Appeals for the Eleventh Circuit.


Constitutional Criminal Procedure, Thomas E. Baker Jan 1983

Constitutional Criminal Procedure, Thomas E. Baker

Faculty Publications

No abstract provided.


A Postscript On Precedent In The Divided Fifth Circuit, Thomas E. Baker Jan 1982

A Postscript On Precedent In The Divided Fifth Circuit, Thomas E. Baker

Faculty Publications

Professor Baker analyzes the three courts that resulted from the split of the United States Court of Appeals for the Fifth Circuit in 1981 and how each court treats precedent.


Constitutional Criminal Procedure, Thomas E. Baker Jan 1982

Constitutional Criminal Procedure, Thomas E. Baker

Faculty Publications

This article discusses decisions of the new Eleventh Circuit and also decisions of the former Fifth Circuit, some of which are binding precedents for the new court. By way of introduction, the title Constitutional Criminal Procedure deserves amplification. Related criminal law topics not within the scope of this article include the following: the substantive law of crimes; non constitutional aspects of the Federal Rules of Evidence; non constitutional aspects of the Federal Rules of Criminal Procedure; procedural aspects of habeas corpus; sentencing; prisoners' rights; and civil rights suits alleging constitutional deprivations.


Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker Jan 1982

Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker

Faculty Publications

No abstract provided.


Constitutional Law, Thomas E. Baker Jan 1981

Constitutional Law, Thomas E. Baker

Faculty Publications

This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …


Precedent Times Three: Stare Decisis In The Divided Fifth Circuit, Thomas E. Baker Jan 1981

Precedent Times Three: Stare Decisis In The Divided Fifth Circuit, Thomas E. Baker

Faculty Publications

October 1, 1981, marked a milestone in the history of our federal courts. On that day the Fifth Circuit Court of Appeals Reorganization Act of 1980 (Reorganization Act) divided the" former fifth circuit" into the" new fifth circuit," composed of the District of the Canal Zone, Louisiana, Mississippi, and Texas, and the new" eleventh circuit," composed of Alabama, Florida, and Georgia.