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Articles 1591 - 1620 of 1820
Full-Text Articles in Law
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
Court Rulemaking In Washington State, Hugh D. Spitzer
Court Rulemaking In Washington State, Hugh D. Spitzer
Articles
Reviews the history and approach to court rule making in Washington State. Critiques the Washington Supreme Court’s weakening of the Judicial Council and the Court’s assumption of control of aspects of rulemaking that might better be handled by a Judicial Council or the Legislature.
Party-Designated Arbitrators And The Duty To Disclose In Tripartite Commercial Arbitration: Barcon Associates, Inc. V. Tri-County Asphalt Corp., Bruce H. Kaye
Cardozo Law Review
No abstract provided.
International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman
International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts
Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Compensatory Damages In Federal Fair Housing Cases, Robert G. Schwemm
Compensatory Damages In Federal Fair Housing Cases, Robert G. Schwemm
Law Faculty Scholarly Articles
The federal fair housing laws became effective in 1968. Since then, courts have often awarded damages to victims of housing discrimination, but their decisions have provided little guidance for assessing the amount of such awards. There is a great range of awards, with some courts awarding only nominal damages of $1 and others setting awards of over $20,000. Compounding the problem is the difficulty of measuring the principal element of damages claimed by most plaintiffs in fair housing cases, noneconomic emotional harm or other forms of intangible injury.
Rarely is the basis for the amount of the court's award satisfactorily …
Quantification Of Federal Reserved Rights—Litigation, Legislation Or Negotiation? [Outline], John Undem Carlson
Quantification Of Federal Reserved Rights—Litigation, Legislation Or Negotiation? [Outline], John Undem Carlson
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
1 page.
Introduction To The Symposium "State Courts And Federalism In The 1980'S", John R. Pagan
Introduction To The Symposium "State Courts And Federalism In The 1980'S", John R. Pagan
William & Mary Law Review
No abstract provided.
In Memory Of Monrad G. Paulsen, Sanford H. Kadish
In Memory Of Monrad G. Paulsen, Sanford H. Kadish
Cardozo Law Review
No abstract provided.
In Memory Of Monrad G. Paulsen, Walter J. Wadlington
In Memory Of Monrad G. Paulsen, Walter J. Wadlington
Cardozo Law Review
No abstract provided.
Justice Douglas And His Brethren: A Personal Recollection, William A. Reppy Jr.
Justice Douglas And His Brethren: A Personal Recollection, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
The District Courts Of Appeal-After The 1980 Jurisdictional Amendment: A New Obligation Towarddecisional Harmony, Victor Lance
The District Courts Of Appeal-After The 1980 Jurisdictional Amendment: A New Obligation Towarddecisional Harmony, Victor Lance
Nova Law Review
The purpose of this note is to explore the effect that a per curiam
affirmance by a Florida District Court of Appeal might have on decisional
harmony in the State of Florida.
The Role Of Comity In The Law Of Federal Courts, Michael L. Wells
The Role Of Comity In The Law Of Federal Courts, Michael L. Wells
Scholarly Works
Considerations of comity often require federal courts to defer to state courts when federal issues could be raised in state proceedings. Contexts in which such deference is required include Younger abstention, habeus corpus exhaustion and procedural default, and Pullman and Burford abstention. In this Article, Professor Wells demonstrates that the Supreme Court's opinions fail to make a distinction between cases where comity requires restraint and those where it does not. The Court's motive in invoking comity is not to decrease access to federal courts, but instead to strike a compromise between the individual's interest in a federal forum and the …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
Case Digest--
Spouse of Injured Seaman May Recover Damages for Loss of Society under Maritime Common Law
Federal District Court Lacks Jurisdiction under 28 U.S.C. § 1350 over Fraud Action Brought by Alien when Claim Fails to Implicate a Treaty or Body of Rules Governing Relations between Foreign States
Jurisdiction under the Foreign Sovereign Immunities Act Requires at Least a Finding of International Shoe "Minimum Contacts"
Appellate Court will not Review the Post-Settlement Appeal of a Pre-Settlement Provisional Remedy without District Court Consideration of the Intervening Events
Foreign States are Subject to Liability for Non-Commercial Torts arising from the Commercial …
In Memory Of Monrad G. Paulsen, Michael I. Sovern
In Memory Of Monrad G. Paulsen, Michael I. Sovern
Cardozo Law Review
No abstract provided.
In Memory Of Monrad G. Paulsen, Marvin E. Frankel
In Memory Of Monrad G. Paulsen, Marvin E. Frankel
Cardozo Law Review
No abstract provided.
The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein
The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein
Villanova Law Review (1956 - )
No abstract provided.
Symposium: Leflar On Conflicts--Introduction, Robert L. Felix
Symposium: Leflar On Conflicts--Introduction, Robert L. Felix
South Carolina Law Review
No abstract provided.
American Conflicts Law: American Conflicts Law, Robert L. Felix
American Conflicts Law: American Conflicts Law, Robert L. Felix
South Carolina Law Review
No abstract provided.
Special Litigation Committees - An Expanding And Potent Threat To Shareholder Derivative Suits, Robert P. Mulvey
Special Litigation Committees - An Expanding And Potent Threat To Shareholder Derivative Suits, Robert P. Mulvey
Cardozo Law Review
No abstract provided.
Federal Practice--Venue--Pursuant To 28 U.S.C. Section 1391(B), Venue Found Proper Only In District In Which Takeover Statute Promulgated And From Which Statute Enforced. Leroy V. Great Western United Corp, G. Marcus Knight
South Carolina Law Review
No abstract provided.
Eulogy For Murray I. Gurfein, Irving R. Kaufman
Eulogy For Murray I. Gurfein, Irving R. Kaufman
Cardozo Law Review
No abstract provided.
The 1979 Civil Procedure Rules, James W. Spears
The 1979 Civil Procedure Rules, James W. Spears
University of Arkansas at Little Rock Law Review
No abstract provided.
Attorneys' Fees, Various Editors
Current Studies In Japanese Law, Whitmore Gray, Kazuo Sugeno, Walter L. Ames, Ronald G. Brown, Richard O. Briggs
Current Studies In Japanese Law, Whitmore Gray, Kazuo Sugeno, Walter L. Ames, Ronald G. Brown, Richard O. Briggs
Books
Over the past fifteen years there has been a remarkable growth in the study of Japanese law in the United States. The foundation was laid during the late 1950's when the Harvard-Michigan-Stanford program brought together Japanese legal specialists and their American counterparts for study and research. At the end of this program a major conference was held, and the resulting publication, Law in Japan, continues to serve as a point of departure in descriptive studies of Japanese law.
During the 1960's interest in Japan continued to develop among law faculty members, but an even more important development was the increase …