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Articles 1231 - 1260 of 1490
Full-Text Articles in Courts
Appellate Review Of Unclear State Law In The Ninth Circuit After In Re Mclinn, Daniel L. Brewster
Appellate Review Of Unclear State Law In The Ninth Circuit After In Re Mclinn, Daniel L. Brewster
Seattle University Law Review
In McLinn, the Ninth Circuit significantly departed from the practice of the other circuits, and from its own prior practice, when it rejected the deferential standard of review normally applied to a federal district court's interpretation of state law. This Note discusses the Ninth Circuit's decision in McLinn and examines the deferential standard employed in the other circuits and in the United States Supreme Court. The Note takes the position that McLinn was correct in rejecting the former practice of accepting a district court's interpretations of state law unless clearly wrong, but that McLinn went too far in holding …
The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert
The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert
Articles
My focus today will be on the twelve-person unanimous jury and on the contrasts between such juries and six-person juries or twelve-person juries than can return verdicts by ten-two or nine-three votes. Until about fifteen years ago, it appeared that the sixth and seventh amendments required all federal juries to have twelve members who reached unanimous verdicts, and it appeared possible that the Supreme Court would force the states to conform to the federal standards. Instead, the court did almost the opposite. It sanctioned juries as small as size six in state criminal cases and federal civil cases, and it …
The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig
The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig
Touro Law Review
No abstract provided.
Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin
Touro Law Review
No abstract provided.
Muddying The Unclear Waters Of Standing: Allen V. Wright, Larry S. Jenkins
Muddying The Unclear Waters Of Standing: Allen V. Wright, Larry S. Jenkins
BYU Law Review
No abstract provided.
The Key-Man System For Composing Jury Lists In West Virginia--The Story Of Abuse, The Case For Reform, Charles R. Disalvo
The Key-Man System For Composing Jury Lists In West Virginia--The Story Of Abuse, The Case For Reform, Charles R. Disalvo
West Virginia Law Review
No abstract provided.
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve
Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton
Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton
Touro Law Review
No abstract provided.
Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel
Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel
Touro Law Review
No abstract provided.
Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results
Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results
Touro Law Review
No abstract provided.
The New Amendments To The Federal Rules Of Civil Procedure And Their Effect On Federal Court Practice In The Northern District, Roger J. Miner '56
The New Amendments To The Federal Rules Of Civil Procedure And Their Effect On Federal Court Practice In The Northern District, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
Juries, Susan E. Morton
Personal Jurisdiction In Federal Question Suits: Toward A Unified And Rational Theory For Personal Jurisdiction Over Non-Domiciliary And Alien Defendants, Irene D. Johnson
Personal Jurisdiction In Federal Question Suits: Toward A Unified And Rational Theory For Personal Jurisdiction Over Non-Domiciliary And Alien Defendants, Irene D. Johnson
Elisabeth Haub School of Law Faculty Publications
No coherent or cohesive procedure or theory has emerged either in regard to the entire question of personal jurisdiction in federal courts or in regard to federal question cases. The cases and courts are in disarray, both as to when a federal standard should apply to the question of amenability to service of process and as to what a federal standard might require. The purpose of this article is to examine the problem in the context of the various types of cases in which it might arise and to prescribe some consistent, sensible scheme of personal jurisdiction in federal question …
Helicoptieros Nationales De Colombia, S.A. V. Hall, Lewis F. Powell Jr.
Helicoptieros Nationales De Colombia, S.A. V. Hall, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Calder V. Jones, Lewis F. Powell Jr.
Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr.
Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr.
Michigan Law Review
A Review of Federal Practice and Procedure, Volumes 13-19: Jurisdiction and Related Matters by Charles Alan Wright, Arthur R. Miller, and Edward H. Cooper
Civil Procedure - Federal Courts - Appellate Jurisdiction - Pendent Interlocutory Denial Of Class Certification May Not Be Reviewed With Appealable Interlocutory Order Denying Preliminary Injunction, Charles B. Congdon
Villanova Law Review (1956 - )
No abstract provided.
The Judge's Role In Fostering Voluntary Settlements, Thomas D. Lambros
The Judge's Role In Fostering Voluntary Settlements, Thomas D. Lambros
Villanova Law Review (1956 - )
No abstract provided.
Civil Procedure: A Review Of The Published Opinions Of The United States Court Of Appeals For The Seventh Circuit For The 1981-82 Term, 59 Chi.-Kent L. Rev. 475 (1983), Edward B. Arnolds, Allen R. Kamp
Civil Procedure: A Review Of The Published Opinions Of The United States Court Of Appeals For The Seventh Circuit For The 1981-82 Term, 59 Chi.-Kent L. Rev. 475 (1983), Edward B. Arnolds, Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Silent Revolution, Faust Rossi
The Silent Revolution, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Communication In The Courtroom: Jury Instructions, Michael J. Farrell
Communication In The Courtroom: Jury Instructions, Michael J. Farrell
West Virginia Law Review
No abstract provided.
The Use Of A Rule 37(B)(2)(A) Sanction To Establish In Personam Jurisdiction, Jeffrey A. Robinson
The Use Of A Rule 37(B)(2)(A) Sanction To Establish In Personam Jurisdiction, Jeffrey A. Robinson
BYU Law Review
No abstract provided.
Litigation Implications Of The Chicago O'Hara Airport Crash Of American Airlines Flight 191, 15 J. Marshall L. Rev. 273 (1982), John J. Kennelly
Litigation Implications Of The Chicago O'Hara Airport Crash Of American Airlines Flight 191, 15 J. Marshall L. Rev. 273 (1982), John J. Kennelly
UIC Law Review
No abstract provided.
Court Rulemaking In Washington, Hugh Spitzer
Court Rulemaking In Washington, Hugh Spitzer
Seattle University Law Review
This article suggests that Washington court rule controversies arise from the lack of a clear, constitutionally established apportionment of rulemaking powers between the legislative and judicial branches, and that there is a lack of procedures providing adequate internal safeguards and accountability. This article first reviews the classical separation of powers doctrine. The discussion then focuses on internal procedural safeguards that also serve within each power center to discourage arbitrary or ill-considered action. This article then reviews the history of court rulemaking in Washington and in other jurisdictions and suggests that from a logical view, the scope of sole judicial power …
The Mandamus Power Of The United States Courts Of Appeals: A Complex And Confused Means Of Appellate Control, Robert S. Berger
The Mandamus Power Of The United States Courts Of Appeals: A Complex And Confused Means Of Appellate Control, Robert S. Berger
Journal Articles
No abstract provided.
The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco
The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco
University of Richmond Law Review
The Supreme Court recently held in Chandler v. Florida, that absent a showing of actual prejudice, it is not per se unconstitutional to televise trials over the objection of the defendant. This decision has a direct bearing on state court procedures, as over one-half of the states currently permit television coverage of trials in one form or another. However, sheer numbers supporting a proposition do not make that proposition "right", nor does a Supreme Court decision upholding its constitutionality imply an unqualified stamp of approval. In fact, previous Supreme Court decisions have overturned convictions because the defendant's right to a …
Richard Neeley: How Courts Govern America, Donald P. Lay
Richard Neeley: How Courts Govern America, Donald P. Lay
Cardozo Law Review
No abstract provided.
Federal Appeals Court's State Law Ruling Entitled To Conclusive Deference: Factors Etc., Inc. V. Pro Arts, Inc., J. Stanton Curry
Federal Appeals Court's State Law Ruling Entitled To Conclusive Deference: Factors Etc., Inc. V. Pro Arts, Inc., J. Stanton Curry
BYU Law Review
No abstract provided.
Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr.
Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.