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Articles 1561 - 1590 of 1814
Full-Text Articles in Law
Reconsidering Supervisory Power In Criminal Cases: Constitutional And Statutory Limits On The Authority Of The Federal Courts, Sara Sun Beale
Reconsidering Supervisory Power In Criminal Cases: Constitutional And Statutory Limits On The Authority Of The Federal Courts, Sara Sun Beale
Faculty Scholarship
No abstract provided.
What To Do With The Supreme Courts Burgeoning Calendars?, Milton Handler
What To Do With The Supreme Courts Burgeoning Calendars?, Milton Handler
Cardozo Law Review
No abstract provided.
Proof Of Injury And Damages In Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller
Proof Of Injury And Damages In Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller
Cardozo Law Review
No abstract provided.
Withdrawing Jurisdiction From Federal Courts, Charles E. Rice
Withdrawing Jurisdiction From Federal Courts, Charles E. Rice
Journal Articles
Courts today accept two incorrect assumptions when interpreting the federal constitution. First, they assume that the judiciary is the sole branch with the definitive power in interpreting the Constitution. Second, they assume that the Supreme Court's decisions on constitutional interpretation are the law of the land and equal to the language of the Constitution itself. This Article proposes that Congress ought to exercise its removal power of appellate jurisdiction from the federal courts in certain areas of law to limit the Supreme Court’s power in creating law that expands the Constitution, which is mistakenly viewed today with equal stature as …
Book Review Of Money And Justice: Who Owns The Courts? By Lois G. Forer, Jethro K. Lieberman
Book Review Of Money And Justice: Who Owns The Courts? By Lois G. Forer, Jethro K. Lieberman
Other Publications
No abstract provided.
Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach
Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach
Seattle University Law Review
The Washington State Supreme Court has previously balanced the interests of privacy and effective judicial administration against those of free speech and public access in the context of judicial proceedings, and the court missed a significant opportunity to expand and apply this balancing test in Rhinehart. The United States Supreme Court similarly declined to create a balancing test to ensure the full protection of First Amendment interests during pretrial discovery. A need remains for a general standard to ensure that First Amendment interests in disseminating discovery information are identified and protected when a protective order is requested.
Rethinking Standing, Gene R. Nichol Jr.
A "Home Run" Application Of Established Principles Of Statutory Construction: U.C.C. Analogies, Donald J. Rapson
A "Home Run" Application Of Established Principles Of Statutory Construction: U.C.C. Analogies, Donald J. Rapson
Cardozo Law Review
No abstract provided.
The Supreme Court's "Resolution" Of The Tax Accrual Workpapers Controversy, Diana Gillett Plotkin
The Supreme Court's "Resolution" Of The Tax Accrual Workpapers Controversy, Diana Gillett Plotkin
Cardozo Law Review
No abstract provided.
Civil Procedure—Collateral Estoppel—The Evolution Of Collateral Estoppel In Arkansas: Is Mutuality Of Estoppel An Anachronism, Ronald Carl Wilson
Civil Procedure—Collateral Estoppel—The Evolution Of Collateral Estoppel In Arkansas: Is Mutuality Of Estoppel An Anachronism, Ronald Carl Wilson
University of Arkansas at Little Rock Law Review
No abstract provided.
Arkansas Juvenile Courts: Do Lay Judges Satisfy Due Process In Delinquency Cases, Paula J. Casey
Arkansas Juvenile Courts: Do Lay Judges Satisfy Due Process In Delinquency Cases, Paula J. Casey
University of Arkansas at Little Rock Law Review
No abstract provided.
Transboundary Groundwater Law: Focus On The U.S.-Mexico Boundary [Includes Appended Opinion In City Of El Paso Ex Rel. Pub. Serv. Bd. V. Reynolds, Civ. No. 80-730 Hb, 563 F. Supp. 279 (D.N.M. 1983)], Albert E. Utton
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
48 pages.
Revision And Codification Of Penal Law In The United States, Herbert Wechsler
Revision And Codification Of Penal Law In The United States, Herbert Wechsler
Dalhousie Law Journal
I am honored by the invitation to address you and happy to join in. your tribute to the memory of Horace Read. Dean Read was a pioneer in the perception that this is d legislative age, one of the greatest legislative eras of all time. He was concerned that lawyers be equipped to deal effectively with the ever growing corpus of the statutory law and he made valuable contributions to that end. Whether the larger legislative role in the development of law that he depicted and foresaw was a phenomenon that he regarded with approval or regret, I must confess …
Texas Adoption Laws And Adoptee's Rights Of Access To Confidential Records., Cynthia A. Rucker
Texas Adoption Laws And Adoptee's Rights Of Access To Confidential Records., Cynthia A. Rucker
St. Mary's Law Journal
Since the adoption process affects the lives of numerous people, courts must reach a decision which benefits all parties involved in the process. Many adoptees retain an emotional desire, or a psychological need, to ascertain the identity of their birth parents. This desire or need is in direct conflict with state statutes mandating adoption information remain sealed and confidential. In recent years, courts across the country have considered several cases challenging the validity of confidentiality statutes on constitutional grounds. Primarily, adoptees have asserted confidentiality statutes deny them a fundamental right to privacy, a right to receive information, and a right …
Ancillary Relief In Federal Securities Law: A Study In Federal Remedies, George W. Dent
Ancillary Relief In Federal Securities Law: A Study In Federal Remedies, George W. Dent
Faculty Publications
After describing the history and current practice of ancillary relief in federal securities law, this Article analyzes the general law of federal remedies and ancillary relief, including ancillary relief in other areas of administrative law, recent developments in federal equity, statutory interpretation, and federal common law, and implied statutory remedies. The Article then examines pertinent aspects of the federal securities laws, including their legislative history and recent judicial interpretations. On this basis the Article recommends both a general approach to ancillary relief in federal securities law and responses to problems of specific remedies. Finally, the Article discusses ancillary relief under …
Salvage And The Public Interest, Steven F. Friedell
Salvage And The Public Interest, Steven F. Friedell
Cardozo Law Review
No abstract provided.
Recent Developments In Tort Law And The Federal Courts, John W. Wade
Recent Developments In Tort Law And The Federal Courts, John W. Wade
Kentucky Law Journal
No abstract provided.
The Transformation In Senate Response To Supreme Court Nominations: From Reconstruction To The Taft Administration And Beyond, Richard D. Friedman
The Transformation In Senate Response To Supreme Court Nominations: From Reconstruction To The Taft Administration And Beyond, Richard D. Friedman
Cardozo Law Review
No abstract provided.
English Judicial Recognition Of A Right To Privacy, David J. Seipp
English Judicial Recognition Of A Right To Privacy, David J. Seipp
Faculty Scholarship
The average Englishman's habits of reserve and regard for his own privacy are legendary. It is surprising, therefore, that English courts have, until very recently, shown great reluctance to recognize privacy as an interest worthy of legal protection in its own right. The experience of other common law countries has not been the same; privacy law has flourished in the United States' and has gained a foothold in Australia and Canada. Moreover, a right to privacy has received international recognition in the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights and the European Convention on …
Cable Television Monopoly And The First Amendment, Jordan S. Stanzler
Cable Television Monopoly And The First Amendment, Jordan S. Stanzler
Cardozo Law Review
No abstract provided.
The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins
The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins
Cardozo Law Review
No abstract provided.
Current Writing On Legal Education, Roger C. Cramton, Barbara Marshment
Current Writing On Legal Education, Roger C. Cramton, Barbara Marshment
Journal of Legal Education
No abstract provided.
Legal Advocacy, Performance, And Affection, D. Robert Lohn, Milner S. Ball
Legal Advocacy, Performance, And Affection, D. Robert Lohn, Milner S. Ball
Scholarly Works
Professor Geoffrey Hazard's lecture addresses appellate advocacy. That advocate's brief is best, he says, that, short of surrender, concedes most to the opposing party. We assume that Professor Hazard would scarcely have ventured out of New Haven to participate in the distinguished Sibley Lectureship merely to commend to the consideration of the audience an interesting but minor rhetorical ploy. Therefore we read his comments as surely implying more. We interpret his lecture as an invitation to rethink the nature of the courtroom event. The textual openings to our examination of fundamentals are found in various of Professor Hazard's comments--for instance, …
How Courts Govern America, H. John Rogers
How Courts Govern America, H. John Rogers
West Virginia Law Review
No abstract provided.
Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen
Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen
Faculty Scholarship
The Massachusetts Rules of Criminal Procedure became effective on July 1, 1979. While many of their provisions helpfully codify previously existing practice and case law, the Rules have in some areas effected a major transformation of criminal procedure. This article examines the changes wrought by the Rules in the pretrial arena, with emphasis on those areas that remain somewhat unfamiliar to the practitioner or untested against constitutional challenge in the courts. While the Rules appear to have done an admirable job of simplifying and rationalizing the criminal trial process, their emphasis on mutuality and reciprocity have in some cases created …
Day-In-The-Life Films: The Celluloid Witness Comes To The Aid Of The Plaintiff, James A. Merritt Jr.
Day-In-The-Life Films: The Celluloid Witness Comes To The Aid Of The Plaintiff, James A. Merritt Jr.
South Carolina Law Review
No abstract provided.
The Tax Benefit Of Bliss, Alan L. Feld
The Tax Benefit Of Bliss, Alan L. Feld
Faculty Scholarship
In recent years the Supreme Court has limited its substantive decisions in federal income tax matters.I For the most part, the handful of tax cases it has considered each year deal with collection, liens, or other issues peripheral to doctrinal development in the tax area.2 The Court's recent decision in Diedrich v. Commissioner,3 however, dealt with a realization question involving net gifts; and its grant of certiorari consolidating the cases of Bliss Dairy, Inc. v. United States and Hillsboro National Bank v. Commissioner4 promises a continuing interest in substantive tax law. Bliss Dairy will enable the …
Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth
Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
Statistical Implications Of Reasoning With Polygraph Evidence: Developing Instructions For The Trier Of Fact, James A. Finder
Statistical Implications Of Reasoning With Polygraph Evidence: Developing Instructions For The Trier Of Fact, James A. Finder
Cardozo Law Review
Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution
Book Review, Howard C. Klemme