Law Commons^™

The Dialogue Of The Heart And Head, Lynne Henderson

Scholarly Works

No abstract provided.

Judicial Process As An Empirical Study: A Comment On Justice Brennan’S Essay, Charles M. Yablon

Articles

No abstract provided.

Communication In The Ninth Circuit: A Concern For Collegiality, Stephen L. Wasby

Seattle University Law Review

After a discussion of the court's basic organization, the general stages of consideration of a case will be briefly described. Then attention will be focused on communication between the judges about cases. Cases before screening panels will be discussed first. Then cases set for argument before three-judge panels will be examined beginning with pre-argument communication, extending through exchanges at argument, the postargument conference, and the post-conference period. This will be followed by discussion of communication leading to the call for an en banc court. Communication among judges chosen for an en banc court will be considered next along with intracircuit …

Victim Participation In Plea Bargains, Sarah N. Welling

Law Faculty Scholarly Articles

There is a trend in the criminal law today to focus on the rights of victims. This trend has been manifested in actions by legislatures, courts, the President of the United States and others. Various programs have been implemented to ameliorate the crime victim's experience. For example, many states now provide compensation for victims, and victim/witness assistance programs have sprung up around the country. It has also been suggested that the victim's lot should be improved by granting them a right to participate in the prosecution of the defendant. This article examines whether victims should be accorded a right to …

Protecting The Liberty Of Pregnant Patients, George J. Annas

Faculty Scholarship

We are seeing the beginning of an alliance between physicians and the state to force pregnant women to follow medical advice for the sake of their fetuses. No irreversible commitments to such an alliance have yet been made, but only a principled discussion of the issues is likely to prevent forced treatment from becoming standard medical practice.

In her futuristic novel The Handmaid's Tale, Margaret Atwood envisions a world in which physicians and the state combine to strip fertile women of all human rights. These women come to view themselves as "two-legged wombs, that's all; sacred vessels, ambulatory chalices." …

Recusal Of Judges For Reasons Of Bias Or Prejudice: A Survey Of Florida Law-Proposal For Reform, Louis D. D'Agostino

Nova Law Review

A fair trial requires the participation of an impartial judge.

Law Dean Nominated For Judge, Brian Mccoy

Morris Arnold (1985)

No abstract provided.

Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg

Law Faculty Scholarly Articles

In considering American common law doctrines shaped during the nineteenth century, commentators have advanced differing theories on the primary judicial criteria employed by judges. Recent studies have argued that these doctrines reflect a criterion of economic efficiency. This work has been criticized for its failure to explain why there seems to be a correlation between efficiency and these decision rules or why judges might have preferred efficiency over other decisional criteria. Other studies have proposed that many judicial doctrines announced before the Civil War were intended to facilitate or ratify major shifts in the distribution of social wealth. This article …

Prefatory Remark, Dorothy W. Nelson

Cleveland State Law Review

There are three prime roles the trial judge should play in clinical legal education: (1) to become involved with the education of the students, (2) to engage with students in a vigorous examination of the judicial process, and (3) to examine critically the educational process in the law schools and its relationship to the courts.

Small Claims In Arkansas: A Judicial Comment, Joel C. Cole

University of Arkansas at Little Rock Law Review

No abstract provided.

Charles D. Breitel - Judging In The Grand Style, Thomas Mayo

Fordham Law Review

When Chief Judge Charles D. Breitel retires from the New York Court of Appeals in December 1978, he will leave a legacy of judicial work that spans two and one-half decades, the last eleven years of which will have been a product of his years on New York's highest court. The process of sifting through not only the Chief Judge's many opinions but also his extrajudicial comments has no doubt begun in earnest in a number of quarters. This Article represents an initial attempt to evaluate Chief Judge Breitel's craftmanship as an appellate decisionmaker.

The Compleat Advocate, Rt. Hon. Lord Widgery

Fordham Law Review

No abstract provided.

Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

This article provides a survey of Kentucky legal developments in the area of criminal procedure. The Kentucky Court of Appeals has had an especially active year in the criminal procedure area. Since the nature of this article does not permit extended commentary on all of the Court's decisions, discussion will be limited to the more significant cases, which deal with automobile inventory searches, waiver of constitutional rights, and plea bargaining.

Sentencing: The Good, The Bad, And The Enlightened, Rutheford B. Campbell Jr., Bill Cunningham

Law Faculty Scholarly Articles

In June, 1968 the Kentucky Crime Commission, in keeping with legislative instruction, made certain recommendations for a change in Kentucky's current treatment of crime and punishment. Within its report was a suggestion that sentencing in all non-capital criminal cases be rendered by the judge instead of the jury. Thus, it must be emphasized that this discussion is confined only to sentencing in noncapital cases.

The authors have arrived at a definite recommendation which is offered at the conclusion of the paper. It is our opinion that the suggestion outlined is not only the most efficient and proper but also the …

The Judicial Process, Lee E. Skeel

Cleveland State Law Review

The judicial process is that technique by which coherent direction of thought on the basic principles of social rights and duties is made available for judicial officers. It is the duty of such officers diligently to seek out the rules which must be used as the bases of judgment. The sources from which they must seek help are as wide and varied as the sum total of past and present human experience.

Vanderbilt: Judges And Jurors: Their Functions, Qualifications And Selection, Maynard E. Pirsig

Michigan Law Review

A Review of Judges and Jurors: Their Functions, Qualifications and Selection. By Arthur T. Vanderbilt.

Omnibus Judgeship Bill, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This excerpt from a report dated July 28, 1953, from the United States (US) House Committee on the Judiciary was written to accompany US Senate Bill 15 which provides for the appointment of additional circuit and district judges. The bill approves the addition of one temporary district judge in North Dakota's northern district to assist with an increased caseload. The report indicates that the increase case load is due in part to an increase in land condemnation cases due to the Garrison Dam project. US Senate Bill 15 also provides for the appointment of one additional fifth circuit judge and …

Walter E. Treanor Memorial Addresses, Patrick J. Smith, Charles P. Megan, Evan A. Evans, Carl Wilde

Indiana Law Journal

The Walter E. Treanor Memorial Issue

At the regular term of the United States Circuit Court of Appeals for the Seventh Circuit the following Memorial Resolutions were presented on April 14th, 1942.

The Opinions Of Walter E. Treanor

Indiana Law Journal

Walter E. Treanor Memorial Issue

The significance attached to Judge Treanor's opinions has been so universally recognized, the Journal feels that it will make a contribution to the future growth of the law if it collects and classifies his opinions. A bibliography of his opinions both on the Indiana Supreme Court and on the Circuit Court of Appeals is set forth below.