Law Commons^™

The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus

Indiana Law Journal

No abstract provided.

State Marital Property Laws And Federally Created Benefits: A Conflict Of Laws Analysis, Louise Everett Graham

Law Faculty Scholarly Articles

The laws of individual states have historically controlled familial relationships and the rights and responsibilities derived from them. The injection of federal rights into the domestic relations area has generally been confined to resolution of claims that the application of particular state laws violated either due process or equal protection rights of particular persons. In a limited number of cases concerning marital property, however, one party has relied upon a federal law creating a benefit or right that conflicts with the state-created rule apportioning marital property or establishing a support obligation. Such a conflict of laws problem arose in McCarty …

School Discipline Procedures: Some Empirical Findings And Some Theoretical Questions, Lee E. Teitelbaum

Indiana Law Journal

No abstract provided.

The Death Penalty Cases: Shaping Substantive Criminal Law, David R. Schieferstein

Indiana Law Journal

No abstract provided.

The Foreign Affairs Power: The Dames & Moore Case, David F. Forte

Law Faculty Articles and Essays

A second look, however, reveals that in Dames & Moore, the Supreme Court did more than resolve some of the sticky legalities that were part of a serious foreign policy crisis. It also moved the country one step forward towards a strengthened constitutional structuring of the foreign affairs power. …Dames & Moore v. Regan was the test vehicle through which the Supreme Court scrutinized the constitutionality of the settlement with Iran which permitted the release of the American hostages held by that government.…Because the executive orders of two Presidents were the only barriers to Dames & Moore executing its judgment, …

Regulatory Takings: The Supreme Court Runs Out Of Gas In San Diego, Douglas W. Kmiec

Indiana Law Journal

No abstract provided.

Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen

Faculty Scholarship

During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …

Symposium Proceedings: Congressional Limits On Federal Court Jurisdiction, Charles E. Rice

Journal Articles

Judge Sloviter: Professor Rice, your view of the constitutional scheme is that Congress has the power to make surgical excisions to the jurisdictions of the federal courts. I wonder if you would comment on what one of my colleagues might call the worst case scenario. That is, whether Congress could by legislation abolish all inferior federal courts and eliminate all Supreme Court appellate jurisdiction. What then would remain of the judicial power?

Congress And The Supreme Court's Jurisdiction, Charles E. Rice

Journal Articles

When a ruling of the supreme court meets with Congressional disfavor there are several remedies available to Congress. If the decision is not on a constitutional level, a later statutory enactment will suffice to reverse or modify the ruling. If, however, the Court's decision is an interpretation of a constitutional mandate, such as the requirement of the fourteenth amendment that legislative districts be apportioned according to population, then a statute could not reverse the decision because the statute itself would be subject to that constitutional mandate as defined by the Court.

The obvious method of reversing a Supreme Court interpretation …

Duties And Powers Respecting Foreign Crimes, Daniel H. Derby

Scholarly Works

No abstract provided.

American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav

Faculty Scholarship

This is a study of the role played by judicial development of the First Amendment to the United States Constitution in shaping the jurisprudence of free speech in Israel - a country without a bill of rights. Rivalry and contrast between opposing modes of legal thought, judicial styles, doctrines, and finally, models of democracy within Israel's Supreme Court are major themes. Most of the adversarial elements reflect competing ideas in the intellectual history of American free speech law. Thus, the tension within Israel's Supreme Court reflects the tension between American free speech jurisprudence as it now is and as it …

Memorandum Regarding Selection Of Sandra Day O'Connor As Supreme Court Nominee, William French Smith

Historical and Topical Legal Documents

No abstract provided.

Short List Of Candidates For Supreme Court [1981], Anonymous

Historical and Topical Legal Documents

No abstract provided.

State Prohibitions On The Interstate Exportation Of Scarce Water Resources, Steven E. Clyde, Edward W. Clyde

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

42 pages.

Federal Reserved Water Rights Policy And Improving Federal-State Relations In The West: A Discussion Of The Need For Federal Legislation On Reserved Rights: Outline, Charles B. Roe, Jr.

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

8 pages.

Pure Water, Pure Law, And Pure Nonsense: Outline, Charles E. Corker

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

24 pages.

Perils Of The Rulemaking Process: The Development, Application, And Unconstitutionality Of Rule 804(B)(3)'S Penal Interest Exception, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

As the culmination of a decade of rulemaking, in 1975 Congress enacted the Federal Rules of Evidence, which include in rule 804(b)(3) an exception to the hearsay rule that allows federal courts to admit statements against penal interest. Having reviewed previously unpublished memoranda and nonpublic tape recordings of the deliberations of the Advisory and Standing Committees to the Judicial Conference and the Special Subcommittee on Reform of Federal Criminal Laws of the House Judiciary Committee, Professor Tague explores the development of rule 804(b)(3), one of the more controversial rules that emerged from that rulemaking process. After analyzing rule 804(b)(3) and …

An Invitation To The Dance: An Empirical Response To Chief Justice Warren Burger’S ‘Time-Consuming Procedural Minuets’ Theory In Parham V. J.R., Michael L. Perlin

Articles & Chapters

No abstract provided.

New Communications Technologies: The Emerging Antitrust Agenda, Michael Botein

Articles & Chapters

No abstract provided.

The Gissel Bargaining Order, The Nlrb, And The Courts Of Appeals: Should The Supreme Court Take A Second Look?, Patricia M. Sabalis

South Carolina Law Review

No abstract provided.

Earl Warren: The Judge Who Changed America. By Jack Harrison Pollack, Richard Y. Funston

Vanderbilt Law Review

Earl Warren was a decent, personable, and humane man who had the good fortune to preside over the Supreme Court of the United States at a peculiarly propitious moment. That, surely, is enough to say for any man's lifetime, and someday the definitive biography of Warren will say it. In the meantime, it remains some-thing of a mystery why aging liberals find it necessary to canonize the late Chief Justice. Nevertheless, journalist Jack Harrison Pollack's Earl Warren: The Judge Who Changed America is the latest addition to the Warren hagiography. In it you meet Warren,the self-effacing, underpaid, young District Attorney; …

Rhetorical Styles On The Fuller Court, Walter F. Pratt

Faculty Scholarship

No abstract provided.

Standing To Sue In Fair Housing Cases, Robert G. Schwemm

Law Faculty Scholarly Articles

Few procedural issues have commanded more attention from the Supreme Court in recent years than standing. The question of who is a proper party to bring a particular claim has arisen in a variety of contexts, but the Court has been especially active in addressing standing problems in cases concerning allegations of housing discrimination. The recent decision of Gladstone Realtors v. Village of Bellwood marked the fifth time in the past decade that the justices have decided a fair housing case on standing grounds.

The Supreme Court's determination to emphasize standing issues in many of its early fair housing opinions …

A Visionary Opinion, Honorable Arthur J. England Jr.

Nova Law Review

By petition filed pursuant to Article XIII of the Integration Rule, more than twenty-five members in good standing of The Florida Bar asked the Court to partially de-integrate the bar-that is, to eliminate the compulsory membership requirement first imposed by the Court in 1949 for persons eligible to practice civil law in Florida.

Is The Supreme Court Creating Unknown And Unknowable Law? The Insubstantial Federal Question Dismissal, Ovid C. Lewis

Nova Law Review

United States Supreme Court Justices undoubtedly accept the prevailing notion that the American legal system functions as an instrument for attaining socially desired ends.

The Supreme Court, Tribal Sovereignty, And Continuing Problems Of State Encroachment Into Indian Country, Clifford M. Lytle

American Indian Law Review

No abstract provided.

Democracy And Distrust: A Theory Of Judicial Review, Gerard E. Lynch

Faculty Scholarship

John Hart Ely's Democracy and Distrust is an ambitious attempt to create a new theory of judicial review, breaking away from both "interpretivism" and "noninterpretivism" – a division Professor Ely regards as a "false dichotomy" (p. vii). The book is brilliant and provocative, so much so that one fears less that its faults will be obscured – there is little danger that polemic critics will fail to pounce on them – than that the flash of Professor Ely's reasoning and the controversy it generates will distract us from the genuine importance of the insight that powers his analysis.

Judicial Review And The National Political Process: A Functional Reconsideration Of The Role Of The Supreme Court, Henry Paul Monaghan

Faculty Scholarship

Imagine a cold morning early in February. Slowly sipping coffee in an effort to awaken fully, you are reading through the Supreme Court advance sheets. You come across the following brief opinion:

PER CURIAM. Fisher v. Rye Co., No. 81-1, and First Savings Bank v. Smith, No. 81-2. These petitions for certiorari have been consolidated for disposition in a single opin-ion. No. 81-1 challenges an Executive Order that, in an effort to combat gender-based discrimination, requires government contractors to adopt affirmative action programs. No argument is made that the Executive Order is authorized by statute. Concluding that the …

Behavioral Study Of Justice Goldberg And The Supreme Court, David Hanley

University of Baltimore Law Forum

No abstract provided.

Abortion—Whose Decision?, Geoffrey Bennett, Christina M. Lyon

Journal Articles

Major Points

• The decision in Paton v. Trustees of B.P.A.S.
• Does a husband's "veto power" exist in English Law?
• The rights of the Foetus in English Law
• The rights of the "illegitimate father"
• The American position
• Some reflections