Law Commons^™

Quasi In Rem On The Heels Of Shaffer V. Heitner: If International Shoe Fits . . ., Suzanne T. Marquard

Fordham Law Review

No abstract provided.

United States Trust Company Of New York V. New Jersey―The Contract Clause In A Complex Society, Robert A. Mctamaney

Fordham Law Review

No abstract provided.

Constitutional Law - Disciplinary Infliction Of Corporal Punishment By Public School Authorities Without A Prior Hearing Is Not Cruel And Usual Punishment And Is Not Violative Of The Student's Fourteenth Amendment Procedural Due Process Rights, Mary Lynn Bingham

Villanova Law Review (1956 - )

No abstract provided.

Government By Judiciary: The Transformation Of The Fourteenth Amendment, Gerard E. Lynch

Faculty Scholarship

As its title suggests, Raoul Berger's Government by Judiciary states an extreme version of a familiar thesis: The Supreme Court has abandoned its proper role as interpreter of the Constitution and has usurped the power to act as a third legislative chamber. Like kadis under a tree, the Court creates law from mere personal predilections. The main instrument of this judicial coup has been the fourteenth amendment. Government by Judiciary is an historian's book, strongest when using the historian's tools to illuminate the past. Underlying this research, however, is a remarkably simplistic theory of constitutional interpretation, a theory that forms …

Water Rights: The Mccarren Amendment And Indian Tribes' Reserved Water Rights, Elizabeth Mccallister

American Indian Law Review

No abstract provided.

William 0. Douglas: An Appreciation, Abe Fortas

Indiana Law Journal

No abstract provided.

Mr. Justice Douglas, Robert A. Sprecher

Indiana Law Journal

No abstract provided.

Minor Supreme Court Justices: Their Characteristics And Importance, David N. Atkinson

Florida State University Law Review

No abstract provided.

Nixon's Legacy To The Supreme Court: A Statistical Analysis Of Judicial Behavior, S. Sidney Ulmer, John A. Stookey

Florida State University Law Review

No abstract provided.

The Taney Period, 1836-64, David S. Bogen

Faculty Scholarship

No abstract provided.

The World As Reality, As Resource, And As Pretense, Richard Stith

Law Faculty Publications

No abstract provided.

Some Comments On Proposals For Reform Of The Federal Appellate Court System, Terrance Sandalow

Law Quadrangle (formerly Law Quad Notes)

In response to growing concern over the rapidly increasing caseloads of the federal courts of appeal, the 92nd Congress established the Commission on Revision of the Federal Court Appellate System. The Commission was instructed "to study the structure and internal procedures of the federal courts of appeal system" and to recommend such "changes in structure or internal procedure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal courts of appeal...."

In April 1975, the Commission issued a preliminary report of its views. Among the recommendations contained in that report was a proposal that …

Constitutional Common Law, Henry Paul Monaghan

Faculty Scholarship

Mr. Justice Powell has publicly characterized the 1974 Term of the Supreme. Court as a "dull" one. Whatever the accuracy of that description, the 1974 Term was, in the public eye, a quiet one. When, late in the Term, the Court ordered the death penalty case held over for reargument, it ensured that the 1974 Term would generate few front-page testimonials to the supreme authority of the Supreme Court. But neither a dull nor a quiet Term can obscure the current reality that the Court's claim to be the "ultimate interpreter of the Constitution" appears to command more nearly universal …

Abstention: The Supreme Court And Allocation Of Judicial Power, Randall P. Bezanson

Vanderbilt Law Review

In an era of continually expanding federal judicial power, the Supreme Court has fashioned and employed several devices designed to delegate certain classes of federal question litigation to the state court systems. Among these devices are the doctrines of abstention, comity, and exhaustion of state remedies. Implementation of these doctrines has enabled the Supreme Court to maintain state judicial presence in federal question litigation and retain at least the appearance of a manageable federalized judicial structure. This article will attempt to analyze the function of the abstention doctrines as judicially-created tempering devices. Following a brief discussion of the factors that …

Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson

Indiana Law Journal

No abstract provided.

Is A 4-3 Decision Of The United States Supreme Court The "Supreme Law Of The Land"?, Thomas M. Burke

Florida State University Law Review

No abstract provided.

The Court, The Constitution, And Chief Justice Burger, William F. Swindler

Vanderbilt Law Review

Although the constitutional crisis of 1973 has not yet demanded a definitive response from the Supreme Court, it obviously has established a landmark in the ultimate history of Warren Burger's Chief Justiceship. While the unprecedented confrontation between executive and judiciary was not carried beyond the Court of Appeals for the District of Columbia, Burger's old court,' and although the prospective confrontation between executive and Congress did not--at least in its first round-- reach a stage of review on the merits, the questions presented went to the cornerstones of Anglo-American constitutional theory itself. The case of Vice President Agnew raised issues …

Book Review: Antecedents And Beginnings To 1801, David S. Bogen

Faculty Scholarship

No abstract provided.

Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds

Faculty Scholarship

No abstract provided.

Mr. Justice Douglas, Michael I. Sovern

Faculty Scholarship

The American people are always interested in record-breakers, whether it be in the field of sports, politics, economics or any other phase of American life. In sports, it might be a Babe Ruth or a Hank Aaron; in politics, a Lincoln or a Roosevelt; in economics, a Rockefeller or a Ford.

And so it is in the judiciary, whether it be a Marshall, Hughes, Holmes or Brandeis. Most of their records in some respects are related to longevity, but the thrust of our admiration stems not from that fact but from some great contribution to the affairs of their day. …

A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne

Faculty Scholarship

This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.

The Behavior Of Justice Douglas In Federal Tax Cases, Marjorie A. Silver, Bernard Wolfman, Jonathan L. F. Silver

Scholarly Works

No abstract provided.

Hart And Wechsler's The Federal Courts And Federal System, Henry Paul Monaghan

Faculty Scholarship

The first edition of Hart & Wechsler's The Federal Courts and the Federal System, published in i953, has deservedly achieved a reputation that is extraordinary among casebooks and, indeed, rare even among learned treatises. Hart & Wechsler I is more than a stimulating collection of cases and basic source material, and its scope is not confined to the operation and functioning of the federal courts in the federal system. Through its extensive notes and its inimitable leading questions, the book constantly raised questions which have "prodded … students and [teachers] to think over their heads about the deepest problems …

Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson

Scholarly Publications

No abstract provided.

Toward A Code Of Discovery For Juvenile Delinquency Proceedings, Michael P. Gray

Indiana Law Journal

No abstract provided.

The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills

Scholarly Publications

The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …

0005: Charles P. T. Moore Papers, 1861-1886, Marshall University Special Collections

Guides to Manuscript Collections

Judge of West Virginia Supreme Court of Appeals. Papers are primarily legal documents or letters concerning legal matters. Includes an invoice of articles received from J. A. Kline for use in the General Hospital at Point Pleasant, West Virginia, by the Second Virginia Cavalry. ACCESSION 558; addendum to ACCESSION 5 contains items found in home and consists primarily of printed material related to farming; includes receipts, correspondence, and other holographic items.

Book Review Of The Modern Supreme Court By Robert C. Mccloskey, Edward A. Purcell Jr.

Other Publications

No abstract provided.

Sierra Club V. Morton: Standing Trees In A Thicket Of Justiciability, Patrick L. Baude

Indiana Law Journal

No abstract provided.

The Proposed Amendments To The Federal Rules Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The Supreme Court has approved a uniform code of evidence for all federal courts. Amendments to the Supreme Court's rules are now pending in the House of Representatives. From the point of view of a specialist in the law of evidence, Professor Rothstein analyzes the differences between the Supreme Court's proposals and the House amendments and suggests solutions to these conflicts.