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1993

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Articles 1 - 30 of 193

Full-Text Articles in Law

How To Try A Tax Court Case, James S. Halpren, Charles W. Hall Dec 1993

How To Try A Tax Court Case, James S. Halpren, Charles W. Hall

William & Mary Annual Tax Conference

No abstract provided.


Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman Dec 1993

Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman

Michigan Law Review

This Note concludes that the Sixth Circuit was half right: when a civil action names both state and private defendants - what this Note terms a "mixed case" - and when the claims against private defendants arise under federal law, the district court must grant removal of the case8 and must remand the claims against the state defendant. However, this Note also observes that the Fifth Circuit probably achieved the better result. After defendants have removed a mixed case to federal court and the district court has remanded the barred claims, the dual court systems and the parties will usually …


Sentence Credit For Pre-Trial Defendants Released To Residential Detention Facilities, Maryellen Sullivan Nov 1993

Sentence Credit For Pre-Trial Defendants Released To Residential Detention Facilities, Maryellen Sullivan

Vanderbilt Law Review

Most individuals consider continued confinement to a residential detention facility and denial of access to phone, mail, and family visits to constitute involuntary detention. The majority of the federal courts of appeal do not agree, however, and will not grant sentence credit to a federal offender for time spent, as a condition of bond, in a "treatment center" or "halfway house."' These same courts, without exception, grant sentence credit to individuals who are remanded to these residen- tial facilities after conviction. This inequity violates the purpose of the Bail Reform Act of 1966 (the "Act"), which ensures even-handed and uniform …


The Role Of Public Opinion In Constitutional Interpretation, James G. Wilson Nov 1993

The Role Of Public Opinion In Constitutional Interpretation, James G. Wilson

BYU Law Review

No abstract provided.


State V. Thomas And The Mcdonough Test: A Safety Net Proposal To Cure The Square Peg-Round Hole Dilemma, Lisabeth Joner Nov 1993

State V. Thomas And The Mcdonough Test: A Safety Net Proposal To Cure The Square Peg-Round Hole Dilemma, Lisabeth Joner

BYU Law Review

No abstract provided.


Rethinking Federal Judicial Selection Nov 1993

Rethinking Federal Judicial Selection

BYU Law Review

No abstract provided.


Trial Court Unification Under Sca 3, Senate Judiciary Committee, Assembly Judiciary Committee Oct 1993

Trial Court Unification Under Sca 3, Senate Judiciary Committee, Assembly Judiciary Committee

California Joint Committees

No abstract provided.


Jurors' Views Of Civil Lawyers: Implications For Courtroom Communication, Valerie P. Hans, Krista Sweigart Oct 1993

Jurors' Views Of Civil Lawyers: Implications For Courtroom Communication, Valerie P. Hans, Krista Sweigart

Cornell Law Faculty Publications

In courtroom communication, lawyers play a key role. During presentations of opening statements and closing arguments, and through examination and cross-examination of witnesses, lawyers communicate the merits of the case that the jury is to decide. Yet there is surprisingly little systematic information about how jurors perceive lawyers' communication activities. This Article presents new information based upon an interview study with civil jurors about how jurors view and evaluate attorneys and their courtroom behavior. The results of this study are used to make recommendations about enhancing the effectiveness of lawyers' communications.


Bankruptcy Courts And Stare Decisis: The Need For Restructuring, Jeffrey J. Brookner Oct 1993

Bankruptcy Courts And Stare Decisis: The Need For Restructuring, Jeffrey J. Brookner

University of Michigan Journal of Law Reform

Part I of this Note provides background by summarizing the rules of stare decisis. Part II refutes the contention that the present court structure allows bankruptcy judges not to follow domestic district court precedent. Part II asserts that, in pursuit of legitimate ends, bankruptcy judges have employed illegitimate means. Finally, Part II contends that bankruptcy judges are better equipped to make bankruptcy decisions than district judges. Part III concludes that the bankruptcy system should be restructured to allow bankruptcy judges to make decisions without being constrained by district court precedent or appeals. Such reform could achieve the substantive goals desired …


It's About Time: Unravelling Standing And Equitable Ripeness, Laura E. Little Oct 1993

It's About Time: Unravelling Standing And Equitable Ripeness, Laura E. Little

Buffalo Law Review

No abstract provided.


The Role Of The Federal Magistrate Judge In Civil Justice Reform, R. Lawrence Dessem Oct 1993

The Role Of The Federal Magistrate Judge In Civil Justice Reform, R. Lawrence Dessem

Faculty Publications

This Article considers the role of the United States magistrate judge in civil justice reform and, more specifically, the role that the early implementation districts envision for magistrate judges within their own districts. Part I briefly considers the evolution of the office of magistrate judge prior to the enactment of the Judicial Improvements Act of 1990. Part II addresses the treatment of magistrate judges under that legislation. Next, Part III recounts the roles assigned to magistrate judges under the Civil Justice Reform Act in the individual district courts. These varying uses of magistrate judges then will be critiqued in Part …


Innovations For Improving Courtroom Communications And Views From Appellate Courts, B. Michael Dann, James D. Heiple, Michael J. Saks, Patricia Mcgowan Wald, Peter David Blanck Oct 1993

Innovations For Improving Courtroom Communications And Views From Appellate Courts, B. Michael Dann, James D. Heiple, Michael J. Saks, Patricia Mcgowan Wald, Peter David Blanck

Indiana Law Journal

Symposium: Improving Communications In the Courtroom


Demonstration And Discussion Of Technological Advances In The Courtroom, Elizabeth L. Browning, Theodore D. Ciccone, Robert M. Parker, Robert F. Ruyak, Fred H. Cate Oct 1993

Demonstration And Discussion Of Technological Advances In The Courtroom, Elizabeth L. Browning, Theodore D. Ciccone, Robert M. Parker, Robert F. Ruyak, Fred H. Cate

Indiana Law Journal

Symposium: Improving Communications in the Courtroom


Communicating With Juries, Fred H. Cate, Newton N. Minow Oct 1993

Communicating With Juries, Fred H. Cate, Newton N. Minow

Indiana Law Journal

No abstract provided.


Helping Jurors Out: Post-Verdict Debriefing For Jurors In Emotionally Disturbing Trials, Leigh B. Bienen Oct 1993

Helping Jurors Out: Post-Verdict Debriefing For Jurors In Emotionally Disturbing Trials, Leigh B. Bienen

Indiana Law Journal

No abstract provided.


Calibrating The Scales Of Justice: Studying Judges' Behavior In Bench Trials, Peter David Blanck Oct 1993

Calibrating The Scales Of Justice: Studying Judges' Behavior In Bench Trials, Peter David Blanck

Indiana Law Journal

No abstract provided.


Jurors' Views Of Civil Lawyers: Implications For Courtroom Communication, Valerie P. Hans, Krista Sweigart Oct 1993

Jurors' Views Of Civil Lawyers: Implications For Courtroom Communication, Valerie P. Hans, Krista Sweigart

Indiana Law Journal

No abstract provided.


Improving Communications In The Courtroom Symposium (Welcoming Remarks And Statement Of The Issues), Newton N. Minow, Peter David Blanck Oct 1993

Improving Communications In The Courtroom Symposium (Welcoming Remarks And Statement Of The Issues), Newton N. Minow, Peter David Blanck

Indiana Law Journal

Symposium: Improving Communications in the Courtroom


Pay No Attention To The Woman Behind The Bench: Musings Of A Trial Court Judge, Ladoris H. Cordell, Florence O. Keller Oct 1993

Pay No Attention To The Woman Behind The Bench: Musings Of A Trial Court Judge, Ladoris H. Cordell, Florence O. Keller

Indiana Law Journal

No abstract provided.


Keynote Address (Improving Communications In The Courtroom Symposium), Robert N. Saylor Oct 1993

Keynote Address (Improving Communications In The Courtroom Symposium), Robert N. Saylor

Indiana Law Journal

Symposium: Improving Communications in the Courtroom


Judge-Jury Communications: Improving Communications And Understanding Bias, Ladoris Hazzard Cordell, Robert Rosenthal, Charles F.C. Ruff, Steven J. Adler Oct 1993

Judge-Jury Communications: Improving Communications And Understanding Bias, Ladoris Hazzard Cordell, Robert Rosenthal, Charles F.C. Ruff, Steven J. Adler

Indiana Law Journal

Symposium: Improving Communications in the Courtroom


Judicial Nullification, Michael J. Saks Oct 1993

Judicial Nullification, Michael J. Saks

Indiana Law Journal

No abstract provided.


"Learning Lessons" And "Speaking Rights": Creating Educated And Democratic Juries, B. Michael Dann Oct 1993

"Learning Lessons" And "Speaking Rights": Creating Educated And Democratic Juries, B. Michael Dann

Indiana Law Journal

No abstract provided.


Article Ii Revisionism, Cass R. Sunstein Oct 1993

Article Ii Revisionism, Cass R. Sunstein

Michigan Law Review

One of the most striking developments of the last decade has been the new use of Article II in public law adjudication. Article II is a prominent feature not only of cases involving the creation of federal institutions that are independent of the President, but also of new disputes involving reviewability, scope of review, and standing.

Professor Krent and Mr. Shenkman have performed a valuable service in spelling out the argument that Article II, rather than Article III, justifies constitutional limits on legislative grants of standing. Indeed, on several important matters, we are very much in agreement. In this brief …


Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King Oct 1993

Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King

Michigan Law Review

In Part I, I review the empirical evidence concerning the effect of jury discrimination on jury decisions. Using the work of social and cognitive psychologists, I argue that the influence of jury discrimination on jury decisions is real and can be measured by judges in certain circumstances. The empirical studies suggest criteria that courts could use to identify the cases in which jury discrimination is most likely to affect the verdict. I also refute the argument that white judges can never predict the behavior of jurors of racial backgrounds different than their own and conclude that judicial estimates of the …


A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried Sep 1993

A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried

BYU Law Review

No abstract provided.


The Georgia Jury And Negligence: The View From The Trenches, R. Perry Sentell Jr. Sep 1993

The Georgia Jury And Negligence: The View From The Trenches, R. Perry Sentell Jr.

Scholarly Works

This is the third part of a project devoted to analyzing the Georgia negligence jury. The project employed as its original point of departure the extensive Chicago Jury Study of the 1960s, directed by Chicago Law Professor Harry Kalven, Jr. That Study's immortality derives principally from its famous first premise: Meaningful evaluation of the jury system must originate from within the system itself. That premise propelled Professor Kalven through a massive national survey of trial judges. The judges' responses, under Kalven's insightful analysis, yielded an unprecedented profile of the American jury. In foundational fashion, those responses indelibly etched into legal …


Georgia V. Mccollum: An Unprincipled And Potentially Unjust Ending To The Peremptory Challenge Cases, Eric E. Vernon Sep 1993

Georgia V. Mccollum: An Unprincipled And Potentially Unjust Ending To The Peremptory Challenge Cases, Eric E. Vernon

BYU Law Review

No abstract provided.


Nonacquiescence By The Social Security Administration As A Matter Of Law: Using Stieberger V. Sullivan As A Model, Jody L. Davis Jul 1993

Nonacquiescence By The Social Security Administration As A Matter Of Law: Using Stieberger V. Sullivan As A Model, Jody L. Davis

Mercer Law Review

Intracircuit nonacquiescence by an administrative agency is the "deliberate refusal to implement holdings in binding [circuit] court [of appeals] decisions in cases adjudicated before it." When a circuit court renders a decision that differs from the agency's schematic, the agency will either issue a formal declaration that it will not follow the circuit decision, or will silently disregard the decision and attempt to impress others that it is following the circuit's rule. The Social Security Administration's ("SSA") policy of intracircuit nonacquiescence in the Southern District of New York has been successfully challenged as being "inconsistent with the constitutionally required separation …


In Re Grabill Corporation; Appeal Of Ncnb National Bank Of North Carolina: Four To One Against Jury Trials In Bankruptcy Courts, Merritt Mcgarrah Jul 1993

In Re Grabill Corporation; Appeal Of Ncnb National Bank Of North Carolina: Four To One Against Jury Trials In Bankruptcy Courts, Merritt Mcgarrah

Mercer Law Review

In In re Grabill Corporation; Appeal of NCNB National Bank of North Carolina, the Seventh Circuit Court of Appeals joined the majority of the federal circuits in holding that bankruptcy judges do not have the express or implied authority to conduct jury trials. When the Seventh Amendment grants the right to a jury trial, the district court must conduct the trial.