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1978

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Articles 1 - 29 of 29

Full-Text Articles in Law

Perceptions Of Judicial Responsibility: The Views Of The Nine United States Supreme Court Justices As They Consider Claims In Fourteenth Amendment Noncriminal Cases: A Post-Bakke Evaluation, Arthur R. Landever Dec 1978

Perceptions Of Judicial Responsibility: The Views Of The Nine United States Supreme Court Justices As They Consider Claims In Fourteenth Amendment Noncriminal Cases: A Post-Bakke Evaluation, Arthur R. Landever

Law Faculty Articles and Essays

In this article, the author sketches each Justice by examining his expressed attitudes and silent concurrences in fourteenth amendment noncriminal cases, as well as his remarks in other, non-court settings. While judicial behavioralists have employed quantitative techniques focusing upon analysis of voting records, the author believes that use of the lawyer's traditional method--case and opinion examination-is more appropriate here. Each Justice's composite should tell us not only something about the individual Justice's views, but also something about the views of key blocs on the Court. By such an effort, we learn more about the range of the ...


The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford Nov 1978

The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford

Cornell Law Faculty Publications

The Massachusetts Supreme Court has recently ruled that decisions about withholding care from hopelessly ill, legally incapacitated patients must be made by judges. It clearly rejected the view that families and attending physicians should be empowered to make such decisions. In this respect, the ruling contrasts with that of the Quinlan case and highlights the issue of whether judges or physicians and families are better able to make medically and morally sound decisions respecting this class of patients.


The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus Oct 1978

The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus

Faculty Publications

No abstract provided.


Disqalification Of Justices And The Constitutional Status Of The Judicial Budget: State Ex Rel. Bagley V. Blankenship, Kathleen Duffield Sep 1978

Disqalification Of Justices And The Constitutional Status Of The Judicial Budget: State Ex Rel. Bagley V. Blankenship, Kathleen Duffield

West Virginia Law Review

No abstract provided.


Justice John Paul Stevens : A11 Initial Assessment, Branch Y. Ball, Thomas M. Uhlma Sep 1978

Justice John Paul Stevens : A11 Initial Assessment, Branch Y. Ball, Thomas M. Uhlma

BYU Law Review

No abstract provided.


Should Oral Argument On Appeal Be Abolished Unless Requested By The Court?, Lewis F. Powell Jr. Aug 1978

Should Oral Argument On Appeal Be Abolished Unless Requested By The Court?, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.


The Promise And The Performance Of The Missouri Plan: Judicial Selection In The Fifty States, Henry R. Glick Jun 1978

The Promise And The Performance Of The Missouri Plan: Judicial Selection In The Fifty States, Henry R. Glick

University of Miami Law Review

Attempts to improve the integrity of the judiciary have focused on the proper method of selecting judges. In this article, the author analyzes whether the Missouri Plan has achieved its expected goals: improving the selection process; emphasizing professional qualifications rather than political influence; and promoting superior decision-making by the bench.


Two Types Of Substantive Reasons: The Core Of A Theory Of Common-Law Justification, Robert S. Summers Jun 1978

Two Types Of Substantive Reasons: The Core Of A Theory Of Common-Law Justification, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


The Eighteenth-Century Background Of John Marshall's Constitutional Jurisprudence, William E. Nelson May 1978

The Eighteenth-Century Background Of John Marshall's Constitutional Jurisprudence, William E. Nelson

Michigan Law Review

This analysis of Marshall's constitutional jurisprudence avoids the pitfalls of previous theories. It does not see the Federalist political program as the source of Marshall's constitutional doctrines and thus does not need to explain how Marshall qualified his political principles or how he convinced non-Federalist judges to accept them. Instead, this essay argues that legal, not political, principles underlay Marshall's jurisprudence, but it attempts to understand those principles in a manner consistent with the unavoidable twentieth-century assumption that law is a body of flexible rules responsive to social reality rather than a series of immutable, unambiguous doctrines ...


Book Reviews, Stephen L. Wasby, Herbert A. Johnson Apr 1978

Book Reviews, Stephen L. Wasby, Herbert A. Johnson

Vanderbilt Law Review

The Courts and Social Policy Author: Donald L. Horowitz

Reviewed by Stephen L. Wasby

Donald Horowitz's The Courts and Social Policy is a serious effort to deal with the question of judicial capacity. Horowitz talks first of the expansion of judicial responsibility, which he thinks is a departure from the traditional exercise of the judicial function, and then explores the sources of this growth, particularly expansive statutory interpretation. He believes that courts do not do well at interpreting the mixes of statutes, regulations, and local arrangements with which they are faced more and more frequently. "Griggs v. Duke Power ...


Appellate Justice, Ruggero J. Aldisert Apr 1978

Appellate Justice, Ruggero J. Aldisert

University of Michigan Journal of Law Reform

Justice on Appeal is a pithy analysis of the problem facing appellate courts. Dragon hunters Carrington, Meador, and Rosenberg were not content to look at the problem from an armchair. Instead, they walked to the mouth of the cave; pulled the troublesome dragon into the light, counted its teeth, measured its girth and tail, and decided neither to kill it nor kiss it. They decided to try taming it. I agree with their analysis of the specimen, its size, its growth, and the urgent necessity to bring the beast under control. I have some modest disagreements with some of their ...


Judicial Administration And Invisible Justice, Mary Murphy Schroeder Apr 1978

Judicial Administration And Invisible Justice, Mary Murphy Schroeder

University of Michigan Journal of Law Reform

My theme here is the conflict between the visibility of the appellate judge and recent procedural changes designed to cope with the quantum leaps in the numbers and complexity of cases. I will develop that theme, first, by suggesting the ways that three of the major controls on the system, namely the selection, evaluation, and discipline of judges, depend upon the exercise of recognizable and individual judicial responsibility; second, by illustrating how this "imperative" can be undermined if devices intended to cope with increased volume are adopted without vigilance; and finally by pointing up some approaches to permit courts to ...


Justice On Appeal—One Way Or Many?, Michael E. Smith Apr 1978

Justice On Appeal—One Way Or Many?, Michael E. Smith

University of Michigan Journal of Law Reform

After two centuries of our nation's existence, discussions of federalism are certain to sound familiar. The ground of argument has been worked so thoroughly, there is hardly a patch left unturned. Conventional watchwords suggest the competing interests: adaptability to local circumstances contrasted with efficiencies of scale, circumscribed experimentation contrasted with prevention of forum-shopping, local self-government contrasted with the cosmopolitan perspective. The most that can be done now, absent exceptional insight, is to display these choices in a fresh context.

What follows is yet another variation on the theme. It concerns the propriety, perhaps the desirability, of diversity among the ...


Judicial Administration In A System Of Independents : A Tribe With Only Chiefs, J. Clifford Wallace Mar 1978

Judicial Administration In A System Of Independents : A Tribe With Only Chiefs, J. Clifford Wallace

BYU Law Review

No abstract provided.


Glimpses Of England, 1895: A Letter From Hoosier Judge David Demaree Banta, Katharine Kell Mar 1978

Glimpses Of England, 1895: A Letter From Hoosier Judge David Demaree Banta, Katharine Kell

David Banta (1889-1896)

An article profiling David Demaree Banta and a letter he wrote his son in 1895 from England in which he describes his trip.


Review On A Virginia Cause, William Hamilton Bryson Jan 1978

Review On A Virginia Cause, William Hamilton Bryson

Law Faculty Publications

A book review on A Virginia Cause by B. Lamb.


The Non-Precedential Precedent - Limited Publication And No-Citation Rules In The United States Courts Of Appeals, William L. Reynolds, William M. Richman Jan 1978

The Non-Precedential Precedent - Limited Publication And No-Citation Rules In The United States Courts Of Appeals, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.


Crisis In The Courts: Proposals For Change, Griffin B. Bell Jan 1978

Crisis In The Courts: Proposals For Change, Griffin B. Bell

Vanderbilt Law Review

The popular conception of the crisis in the courts focuses upon the condition of the courts and particularly upon the increasing volume of disputes that are presented for resolution. For example,Judge Ruggero J. Aldisert of the Third Circuit, one of the busiest federal circuits, has observed: "The reality is that today there is a mad rush to the Federal courts." The available statistics reflect Judge Aldisert's observation. For instance, according to the most recent report of the Administrative Office of the United States Courts, record numbers of cases have been filed in the circuit and district courts during ...


Judicial Immunity And Sovereignty, Robert F. Nagel Jan 1978

Judicial Immunity And Sovereignty, Robert F. Nagel

Articles

No abstract provided.


Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi Jan 1978

Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi

Articles

No abstract provided.


Prior Consistent Statements, Arthur H. Travers Jr. Jan 1978

Prior Consistent Statements, Arthur H. Travers Jr.

Articles

No abstract provided.


Judge Robert R. Merhige, Jr. - Strict Constructionist Weathers The Storm, Paul K. Campsen, P. Christopher Guedri, Jennings G. Ritter Ii, Edward H. Starr Jr. Jan 1978

Judge Robert R. Merhige, Jr. - Strict Constructionist Weathers The Storm, Paul K. Campsen, P. Christopher Guedri, Jennings G. Ritter Ii, Edward H. Starr Jr.

University of Richmond Law Review

On August 27, 1967, Robert R. Merhige, Jr., was commissioned as a United States District Court Judge for the Eastern District of Virginia, the embarkment upon what many members of the legal community have labeled a controversial judicial career. However, examination of Judge Merhige's numerous decisions reveals that his image as a disputatius public figure has been more than a function of his flare for vehemently enforcing pronouncements and policies of the Supreme Court. The man, who created fervor throughout this state and the South with his publicly chastised busing decisions of the early 1970s, has been a victim ...


Managing Civil Litigation: The Trial Judge's Role, William W. Schwarzer Jan 1978

Managing Civil Litigation: The Trial Judge's Role, William W. Schwarzer

Faculty Scholarship

No abstract provided.


Justice Harold H. Burton And The Work Of The Supreme Court, David N. Atkinson Jan 1978

Justice Harold H. Burton And The Work Of The Supreme Court, David N. Atkinson

Cleveland State Law Review

Harold H. Burton served for thirteen years on the United States Supreme Court during a turbulent period of innovative constitutional policymaking. Hard working and open-minded, he was inevitably involved in the cross currents of small group interaction within the Supreme Court. Consequently, the purpose of this essay -relying on law clerk questionnaires and interviews -is to describe and evaluate his intra-Court behavior.


Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles H. Baron Jan 1978

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles H. Baron

Boston College Law School Faculty Papers

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court ...


Epieikeia: Equitable Lawmaking In The Construction Of Statutes, Raymond B. Marcin Jan 1978

Epieikeia: Equitable Lawmaking In The Construction Of Statutes, Raymond B. Marcin

Scholarly Articles

No abstract provided.


General Equitable Principles Under Section 1-103 Of The Uniform Commercial Code, Robert S. Summers Jan 1978

General Equitable Principles Under Section 1-103 Of The Uniform Commercial Code, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Judicial Overload: The Reasons And The Remedies , Maria Marcus Jan 1978

Judicial Overload: The Reasons And The Remedies , Maria Marcus

Faculty Scholarship

Animosity towards lawyers, perennial in our social history long before Watergate, parallels a contradictory and equally persistent belief in judges as problem-solvers for a variety of personal, economic, educational and political ills. An increasing number of litigants are bringing to the courts not only the class of disputes that has been the traditional fare of judicial decision-making, but also an array of issues that were formerly resolved in private meetings, at hospitals, in schools, or at home. The causes of this explosion of lawsuits and the possible buffers to an eventual implosion in our judicial system will be discussed below


Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron Dec 1977

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron

Charles H. Baron

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court ...