Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (39)
- University of Maryland Francis King Carey School of Law (6)
- Cleveland State University (5)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- Maurer School of Law: Indiana University (2)
-
- University of Kentucky (2)
- Villanova University Charles Widger School of Law (2)
- West Virginia University (2)
- Brigham Young University Law School (1)
- Schulich School of Law, Dalhousie University (1)
- University at Buffalo School of Law (1)
- University of Tennessee College of Law (1)
- William & Mary Law School (1)
- Keyword
-
- Court reform (10)
- Appellate courts (7)
- Judiciary (7)
- Caseloads (6)
- Federal courts (6)
-
- Juries (6)
- Delay (5)
- Extradition (5)
- History (5)
- Court costs (4)
- Discretion (4)
- Hearings (4)
- Judicial administration (4)
- State courts (4)
- Foreign affairs (3)
- International relations (3)
- Judicial deference (3)
- Judicial review (3)
- Kentucky (3)
- Legal systems (3)
- Treaties (3)
- United States Claims Court (3)
- United States Supreme Court (3)
- Access to the courts (2)
- Arbitration (2)
- Authority (2)
- Decision-making (2)
- Empirical studies (2)
- England (2)
- Federal Courts Improvement Act of 1982 (2)
Articles 1 - 30 of 66
Full-Text Articles in Law
Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby
Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby
University of Michigan Journal of Law Reform
Federal courts currently apply different standards concerning the permissibility of notice. Although the Ninth Circuit forbids notice and the Seventh Circuit grants plaintiffs a right to send notice, the Second Circuit permits notice only in appropriate cases. This Note advocates that plaintiffs in FLSA and ADEA actions should be allowed to notify potential class members in appropriate cases. Part I analyzes inherent court powers, statutes, legislative history, and federal policies relating to notice. It concludes that enactment of FLSA and ADEA remedies did not alter the inherent power of federal courts to permit or prohibit notice. On the contrary, only …
Extrinsic Evidence And Statutory Interpretation: Judicial Discretion In Context, W. H. Charles
Extrinsic Evidence And Statutory Interpretation: Judicial Discretion In Context, W. H. Charles
Dalhousie Law Journal
... the Supreme Court of Canada recently signalled an increasing receptiveness to the use of extrinsic materials in the Anti-Inflation Reference. Accordingly, I expect that we will see an increasing use by appellate courts of extrinsic evidence. ' This prediction was made by the Honourable Brian Dickson, a Justice of the Supreme Court of Canada, in an address in 1979. His statement concerns a problem that has haunted Canadian, English, and commonwealth courts for years, namely, how far beyond the actual words of the statute itself is it permissible for courts to roam in their efforts to interpret legislation? Put …
The Legal Consequences Of Falsifying Statements Made To The Federal Government—A White Collar Crime—Fact Or Fiction, Warren H. Hyman
The Legal Consequences Of Falsifying Statements Made To The Federal Government—A White Collar Crime—Fact Or Fiction, Warren H. Hyman
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Venue In The Federal Courts: The Obstruction Of Justice Puzzle, Michigan Law Review
Criminal Venue In The Federal Courts: The Obstruction Of Justice Puzzle, Michigan Law Review
Michigan Law Review
Courts have struggled to determine venue for cases involving obstruction of justice with similarly inconsistent results. The circuits have divided over where to lay venue in prosecutions for obstruction of justice when the defendant allegedly acted in one judicial district to obstruct a proceeding that was pending in another. This Note argues that formalistic analysis, which has led courts to set venue in the district of the affected trial, should be rejected in favor of a more policy-oriented approach. Part I demonstrates that a formalistic statutory analysis that closely inspects either legislative history or the language of the statute ultimately …
The Propriety Of Section 10(J) Bargaining Orders In Gissel Situations, Michigan Law Review
The Propriety Of Section 10(J) Bargaining Orders In Gissel Situations, Michigan Law Review
Michigan Law Review
The courts have split on the question of whether a bargaining order constitutes ''just and proper" relief under section 10(j). This Note contends that such an order is always just in a Gissel situation but that a district court may properly issue one only in situations where the Board's prior decisions clearly establish the relevant labor policy and indicate a high probability that the Board will eventually issue a Gissel bargaining order. Part I of the Note develops the criteria relevant to determining what kind of temporary relief is "just." Although section 10(j) does not itself define these criteria, the …
The Scope Of Judicial Review Of Consent Decrees Under The Antitrust Procedures And Penalties Act Of 1974, Michigan Law Review
The Scope Of Judicial Review Of Consent Decrees Under The Antitrust Procedures And Penalties Act Of 1974, Michigan Law Review
Michigan Law Review
In the wake of this uncertainty, this Note analyzes the proper scope of judicial review of consent decrees. The Note argues that to further the policies embodied in the APP A, courts should undertake intense review of proposed settlements before entering them as final judgments. Both the congressional intent in enacting the APP A and the public's interest in effective enforcement of the antitrust laws support intense judicial review. The Note then demonstrates that the deferential standard that some courts have applied is derived mainly from a case that is inapplicable to the review of consent decrees. Finally, the Note …
The Courts' Inherent Power To Compel Legislative Funding Of Judicial Functions, Michigan Law Review
The Courts' Inherent Power To Compel Legislative Funding Of Judicial Functions, Michigan Law Review
Michigan Law Review
Litigation results when the legislative branch contests the inherent power order. Because judicial compulsion of legislative action must derive from constitutional authority, and because of the practical and doctrinal challenges such litigation presents, many courts have struggled to resolve these cases in a principled fashion. This Note defends the inherent power doctrine, but argues that current judicial approaches to its application have failed to confront squarely the central issues raised by inherent power orders. The Note advocates an alternative procedure for defining the legitimate scope of judicial authority to compel appropriations on its own behalf. Part I examines the constitutional …
Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin
Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin
Michigan Law Review
The seventh amendment to the United States Constitution requires that "[i]n Suits at common law . . . the right of trial by jury shall be preserved." What exactly is a suit at common law? When the amendment was enacted in 1791, there was no law that was common to all the states. In 1812 Supreme Court Justice Story, in a Circuit Court ruling, held that the common law alluded to was the common law of England, "the grand reservoir of all of our jurisprudence." This means that when today an American judge has to decide whether in any set …
The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review
The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review
Michigan Law Review
Despite the differences between the criminal and juvenile court systems, the Supreme Court has extended many criminal procedural safeguards to juvenile delinquency hearings. The Court does not, however, "automatically and preemptorily" apply every procedural safeguard to juvenile hearings; rather, it carefully examines the criminal trial standard in the context of delinquency hearings. Adopting a similar approach, this Note considers the implications of a constitutional right of access to juvenile delinquency hearings. Part I examines the right of access announced in Globe Newspaper and Richmond Newspapers v. Virginia. Part II looks at the juvenile justice system and argues that extension …
Property—Court Of Equity Has The Power To Order A Sale For Reinvestment Even Though No Member Of The Class Having A Contingent Future Interest Is Yet In Existence, William A. Waddell Jr.
Property—Court Of Equity Has The Power To Order A Sale For Reinvestment Even Though No Member Of The Class Having A Contingent Future Interest Is Yet In Existence, William A. Waddell Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Improving Jury Deliberations: A Reconsideration Of Lesser Included Offense Instructions, Michael D. Craig
Improving Jury Deliberations: A Reconsideration Of Lesser Included Offense Instructions, Michael D. Craig
University of Michigan Journal of Law Reform
This Note approves of efforts to avoid hung juries by giving lesser included offense instructions but opposes those instructions that restrict juror decisions and coerce minority jurors. Rather, this Note offers a lesser included offense instruction that promotes flexibility and jury compromise without undermining the deliberative process. Part I describes the problem of hung juries and how courts have tried to prevent them with restrictive lesser included offense instructions. Part II analyzes the coercive impact of restrictive lesser included offense instructions and concludes that an instruction conditioning deliberations upon individual juror disagreement better promotes compromises on the merits while reducing …
Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer
Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer
University of Michigan Journal of Law Reform
This Note advocates that federal courts review state criminal convictions in habeas corpus proceedings when lesser included offense instructions are available under state law but were not given. Part I demonstrates that granting such review conforms to the modern jurisdictional scope of federal collateral review because failure to give the instructions undermines the fact-finding function of juries and is therefore unconstitutional. Part II analyzes the proper standard of review and determines that the federal interest in protecting the reliability of the fact-finding process should prevail over any conflicting state interest in refusing to give lesser included offense instructions. Part II …
The Inherent Power Of The Courts To Regulate The Practice Of Law: An Historical Analysis, Thomas M. Alpert
The Inherent Power Of The Courts To Regulate The Practice Of Law: An Historical Analysis, Thomas M. Alpert
Buffalo Law Review
No abstract provided.
Criminal Procedure—Supreme Court Defines Scope Of Automobile Exception To Fourth Amendment Warrant Requirement, Michael Schneider
Criminal Procedure—Supreme Court Defines Scope Of Automobile Exception To Fourth Amendment Warrant Requirement, Michael Schneider
University of Arkansas at Little Rock Law Review
No abstract provided.
Jury Instructions, John M. Purcell
Making Noninterpretivism Respectable: Michael J. Perry's Contributions To Constitutional Theory, Richard B. Saphire
Making Noninterpretivism Respectable: Michael J. Perry's Contributions To Constitutional Theory, Richard B. Saphire
Michigan Law Review
A Review of The Constitution, The Courts, and Human Rights: An Inquiry into the Legitimacy of Constitutional Policymaking by the Judiciary by Michael J. Perry
Justice O'Connor: A First Term Appraisal, Robert E. Riggs
Justice O'Connor: A First Term Appraisal, Robert E. Riggs
BYU Law Review
No abstract provided.
Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr.
Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr.
Michigan Law Review
A Review of Federal Practice and Procedure, Volumes 13-19: Jurisdiction and Related Matters by Charles Alan Wright, Arthur R. Miller, and Edward H. Cooper
Judicial Reform: Setting The Prairies Afire, Monroe G. Mckay
Judicial Reform: Setting The Prairies Afire, Monroe G. Mckay
Michigan Law Review
A Review of A Blueprint for Judicial Reform edited by Patrick B. McGuigan and Randall R. Rader
The Medieval English County Court, Stephen D. White
The Medieval English County Court, Stephen D. White
Michigan Law Review
A Review of The County Courts of Medieval England, 1150-1350 by Robert C. Palmer
Access To Justice And The Welfare State, Michigan Law Review
Access To Justice And The Welfare State, Michigan Law Review
Michigan Law Review
A Review of Access to Justice and the Welfare State edited by Mauro Cappellitti
Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller
Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller
Michigan Law Review
A Review of The Passive Judiciary by Abraham S. Goldstein
The Politics Of Judicial Reform, Michigan Law Review
The Politics Of Judicial Reform, Michigan Law Review
Michigan Law Review
A Review of The Politics of Judicial Reform edited by Philip L. Dubois
Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review
Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review
Michigan Law Review
A Review of Legal Psychology: Eyewitness Testimony--Jury Behavior by L. Craig Parker
Plato's Ideal And The Perversity Of Politics, Mark G. Yudof
Plato's Ideal And The Perversity Of Politics, Mark G. Yudof
Michigan Law Review
A Review of Educational Policy Making and the Courts: An Empirical Study of Judicial Activism by Michael A. Rebell and Arthur R. Block
American Court Management: Theories And Practices, Michigan Law Review
American Court Management: Theories And Practices, Michigan Law Review
Michigan Law Review
A Review of American Court Management: Theories and Practices by David J. Saari
Habeas Corpus: Its History And Its Future, Charles Alan Wright
Habeas Corpus: Its History And Its Future, Charles Alan Wright
Michigan Law Review
A Review of A Constitutional History of Habeas Corpus by William F. Duker
Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker
Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker
Michigan Law Review
A Review of The Roots of Justice by Lawrence M. Friedman and Robert V. Percival, and Conscience and Convenience by David Rothman
How Consumer Remedies Fail, Bryant G. Garth
How Consumer Remedies Fail, Bryant G. Garth
Michigan Law Review
A Review of No Access to Law: Alternatives to the American Judicial System edited by Laura Nader
A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader
A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader
Michigan Law Review
A Review of Courts--A Comparative and Political Analysis by Martin Shapiro, and Lawsuits and Litigants in Castile, 1500-1700 by Richard L. Kagan