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Articles 841 - 867 of 867
Full-Text Articles in Law
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Can/Should Computers Replace Judges?, Anthony D'Amato
Can/Should Computers Replace Judges?, Anthony D'Amato
Faculty Working Papers
Speculates concerning judicial decision-making to test, at least theoretically, what some of the implications of jurisprudential advances might be. Proposes as the means of making this test a consideration of whether a computer may be so programmed as to replace the judicial function of judges.
An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.
An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.
Publications
The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.
Will Courts Meet The Challenge Of Technology?, Jethro K. Lieberman
Will Courts Meet The Challenge Of Technology?, Jethro K. Lieberman
Articles & Chapters
No abstract provided.
Cappaert V. United States, Lewis F. Powell Jr.
Cappaert V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Misunderstood Pro Se Litigant: More Than A Pawn In The Game, Ira P. Robbins
The Misunderstood Pro Se Litigant: More Than A Pawn In The Game, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Current Problems Of Accountants' Responsibilities To Third Parties, T. J. Fiflis
Current Problems Of Accountants' Responsibilities To Third Parties, T. J. Fiflis
Publications
No abstract provided.
Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman
Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman
All Faculty Scholarship
Professors Currie and Goodman present a comprehensive analysis of the variables that must be isolated and weighed in determining the optimum forum for judicial review of administrative action. While the backdrop for this study is the caseload crisis presently confronting the federal courts of appeals, their discussion illuminates the requsites for optimum judicial review generally.
Failing to perceive any compelling reason to single out administrative cases for review (in separate courts, the authors argue against the creation of special administrative appeals courts. Even if such courts were to enjoy broad subject matter jurisdiction over the most demanding aspects of the …
Comparative Judicial Review And Constitutional Politics, Donald P. Kommers
Comparative Judicial Review And Constitutional Politics, Donald P. Kommers
Journal Articles
Donald P. Kommers reviews Richard D. Baker's Judicial Review in Mexico: A Study of the Amparo Suit (Austin and London: University of Texas Press, 1971); B. L. Strayer's Judicial Review of Legislation in Canada (Toronto: University of Toronto Press, 1968); Heinz Laufer's Verfassungsgerichtsbarkeit und politischer Prozess (Tiibingen: J.C.B. Mohr [Paul Siebeck ], 1968); Mauro Cappelletti's Judicial Review in the Contemporary World (Indianapolis: The Bobbs-Merrill Company, Inc., 1971); Edward McWhinney's Judicial Review (4th ed.) (Toronto: University of Toronto Press, 1969); Richard E. Johnston's The Effect of Judicial Review on Federal-State Relations in Australia, Canada, and the United States (Baton Rouge: Louisiana …
Jimenez V. Weinberger, Lewis F. Powell Jr.
Jimenez V. Weinberger, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Equal Protection For Juveniles: The Present Status Of Sex-Based Discrimination In Juvenile Court Laws, Samuel M. Davis, Susan C. Chaires
Equal Protection For Juveniles: The Present Status Of Sex-Based Discrimination In Juvenile Court Laws, Samuel M. Davis, Susan C. Chaires
Scholarly Works
The authors of this Article are concerned with sex-based discrimination in juvenile court laws. They first analyze those state laws that are sexually discriminatory and then explore the possibility of attacking these laws under the equal protection clause of the fourteenth amendment. Finally, the potential impact of the Equal Rights Amendment upon these laws is discussed.
Court Reform In England, Kazimierz Grzybowski
Court Reform In England, Kazimierz Grzybowski
Faculty Scholarship
No abstract provided.
Pendent Jurisdiction - The Problem Of "Pendenting Parties", William H. Fortune
Pendent Jurisdiction - The Problem Of "Pendenting Parties", William H. Fortune
Law Faculty Scholarly Articles
Federal courts have generally discouraged the joinder of a third party solely on the basis of a claim pendent to a federal cause of action. They have, however, been more liberal in allowing joinder in diversity cases. The author reviews the case law and argues that a more liberal attitude toward joinder should be adopted, except in diversity cases where, he believes, liberal joinder erodes the requirement of complete diversity.
The Federal Anti-Injunction Statute In The Aftermath Of Atlantic Coast Line Railroad, John Daniel Reaves, David S. Golden
The Federal Anti-Injunction Statute In The Aftermath Of Atlantic Coast Line Railroad, John Daniel Reaves, David S. Golden
Scholarly Works
Last Term the Supreme Court rendered its decision in Atlantic Coast Line Railroad v. Brotherhood of Locomotive Engineers. This case involved the present anti-injunction statute, section 2283 of Title 28, which forbids federal court injunction of state court proceedings. Mr. Justice Black, writing for the majority, traced the roots of the statute's predecessor into the "fundamental constitutional independence of the states and their courts." He hinted that the act grew out of concern for constitutional inviolability of a state court's adjudicative process. Mr. Justice Black went on to announce that the anti-injunction statute is absolute; no judicially created exceptions …
Witnesses: A Canonist's View, William Hamilton Bryson
Witnesses: A Canonist's View, William Hamilton Bryson
Law Faculty Publications
The purpose of this essay is to examine and compare with our present practices a medieval text or summary of canonical procedure, the Summa de Ordine Iudiciario by Ricardus Anglicus-more narrowly, chapter XXX, which is concerned with witnesses. There are several reasons for examining the work of Ricardus Anglicus. This Englishman was a brilliant canonist in an age when the most ingenious and aggressive intellectuals were gravitating to the field of canon and civil law. Also he gives us a rather full summary of the subject.
Manifest Intent And The Generation By Treaty Of Customary Rules Of International Law, Anthony D'Amato
Manifest Intent And The Generation By Treaty Of Customary Rules Of International Law, Anthony D'Amato
Faculty Working Papers
I shall argue in this essay that the World Court used a method which might be called the rule of manifest intent in the North Sea Continental Shelf Cases, that this method differs from a more traditional approach found in the writings of publicists, and that this new method accords well with the growing need to objectify and place upon a scientific basis the methodology by which one may determine what in fact are the rules of customary law.
Cars, Creditors, And The Code: The Diverse Interpretations Of Section 9-310, Arthur Murphey
Cars, Creditors, And The Code: The Diverse Interpretations Of Section 9-310, Arthur Murphey
Faculty Scholarship
No abstract provided.
War Crimes And Vietnam: The "Nuremberg Defense" And The Military Service Resister, Anthony D'Amato, Harvey . L. Gould, Larry D. Woods
War Crimes And Vietnam: The "Nuremberg Defense" And The Military Service Resister, Anthony D'Amato, Harvey . L. Gould, Larry D. Woods
Faculty Working Papers
We have attempted to establish first that the international laws of warfare are part of American law, and have argued that these laws, when taken as prohibitions of specific methods of waging war, are a practical and effective means of controlling unnecessary suffering and destruction. Second, we have analyzed these laws as they apply to treatment of prisoners of war, aerial bombardment of nonmilitary targets, and chemical and biological warfare, and have marshalled a portion of the available evidence that American forces commit war crimes in Vietnam. Third, we have discussed the defenses of tu quoque, reprisal, military necessity, superior …
Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.
Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.
Publications
The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.
Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch
Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch
Faculty Publications
This is the first installment of a projected study of the Dakota Civil Code. While this portion deals with the historical background of the Code and its content as drafted for New York by David Dudley Field, a subsequent article will deal with its fate in the hands of the bar, the legislature and the courts in New York, California, and especially the Dakotas.
Legal Aid Program For North Dakota, William B. Fisch
Legal Aid Program For North Dakota, William B. Fisch
Faculty Publications
Since the summer of 1965, the State Bar Association of North Dakota, through a special subcommittee on Legal Aid and Defense of Indigents and its standing committee on the same subject,1 has been investigating the need for legal aid in North Dakota, possible sources for funds to finance legal aid programs in the state, and possible forms which a program might take to meet the need. As a result of these investigations, a proposal has been prepared by the committee for submission to the Legal Services Program of the Office of Economic Opportunity (headed by Mr. Bamberger), for federal funds …
Some Aspects Of Ethiopian Arrest Law: The Eclectic Approach To Codification, Stanley Z. Fisher
Some Aspects Of Ethiopian Arrest Law: The Eclectic Approach To Codification, Stanley Z. Fisher
Faculty Scholarship
The Criminal Procedure Code of 1961 is one of Ethiopia's most recent codes, and one of the least "developed" in terms of published commentary and reported cases. In contrast to the "introduced" and "explained" Penal and Civil Codes, the Criminal Procedure Code has apparently been disowned by its drafters, none of whom have written a word of commentary on it. Its origins remain obscure, and at first glance it is difficult to see which, if any, "system" was its inspiration. In fact, it seems, the Code has roots in no single system, nor even in any single "family" of systems. …
Executive Privilege In The Federal Courts, Paul Hardin Iii
Executive Privilege In The Federal Courts, Paul Hardin Iii
Faculty Scholarship
No abstract provided.
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
All Faculty Scholarship
No abstract provided.
Security And The Constitution, W. Howard Mann
Security And The Constitution, W. Howard Mann
Articles by Maurer Faculty
No abstract provided.
Book Review. The American Doctrine Of Judicial Supremacy, 2nd Ed. By C. G. Haines, Frank Edward Horack Jr.
Book Review. The American Doctrine Of Judicial Supremacy, 2nd Ed. By C. G. Haines, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
The Judicial Council Act, Fowler V. Harper
The Judicial Council Act, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.