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Articles 3031 - 3060 of 3518
Full-Text Articles in Courts
The Jury's Role In Capital Cases Is Immune From Judicial Interference, Raoul Berger
The Jury's Role In Capital Cases Is Immune From Judicial Interference, Raoul Berger
BYU Law Review
No abstract provided.
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
The Constitution As Architecture: A Charette, Larry Kramer
The Constitution As Architecture: A Charette, Larry Kramer
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
Article Iii Courts And The Constitutional Structure, David A. Strauss
Article Iii Courts And The Constitutional Structure, David A. Strauss
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy
Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy
BYU Law Review
No abstract provided.
Book Review: The Limits Of Judicial Power: The Supreme Court In American Politics, David S. Bogen
Book Review: The Limits Of Judicial Power: The Supreme Court In American Politics, David S. Bogen
Faculty Scholarship
No abstract provided.
Retrospective Justification, Jeffrey Malkan
New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz
New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz
Touro Law Review
No abstract provided.
Dellmuth V. Muth: The Eleventh Amendment Pierces The Legal Shield Of Eha Protection, 23 J. Marshall L. Rev. 487 (1990), Paula K. Maguire
Dellmuth V. Muth: The Eleventh Amendment Pierces The Legal Shield Of Eha Protection, 23 J. Marshall L. Rev. 487 (1990), Paula K. Maguire
UIC Law Review
No abstract provided.
Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger
Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger
UIC Law Review
No abstract provided.
New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall
New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall
UIC Law Review
No abstract provided.
Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach
Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach
Touro Law Review
No abstract provided.
The Medical Waste Tracking Act Of 1988: An Analysis Of Its Provisions And Its Effect On New York State, Laurence D. Granite
The Medical Waste Tracking Act Of 1988: An Analysis Of Its Provisions And Its Effect On New York State, Laurence D. Granite
Touro Law Review
No abstract provided.
Dancing In The Dark: The Eighth Circuit's Interpretation Of The Establishment Clause In Clayton By Clayton V. Place, Jeffrey A. Leon
Dancing In The Dark: The Eighth Circuit's Interpretation Of The Establishment Clause In Clayton By Clayton V. Place, Jeffrey A. Leon
Indiana Law Journal
No abstract provided.
Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson
Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson
Touro Law Review
No abstract provided.
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
Touro Law Review
No abstract provided.
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Touro Law Review
No abstract provided.
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Touro Law Review
No abstract provided.
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Touro Law Review
No abstract provided.
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Scholarly Works
As the juxtaposition of these quotations suggests, judges have long held disparate views on the legitimacy and value of “public policy” considerations as a basis for legal decision making. The popular notion posits that Justice Holmes and legal realists carried the day, making public policy analysis an ordinary part of the adjudication process. The story, of course, is more complex than this legal version of Don Quixote. Many judges and lawyers, including Justice Holmes in other writings, continued to speak of adjudication in more formalist and positivist terms, with most laypersons in apparent agreement. Judge Burroughs' view of public policy …
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Georgetown Law Faculty Publications and Other Works
During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Publications
No abstract provided.
Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann
Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Strange Expectations: A Review Of Two Theories Of Judicial Review, Joel Bakan
Strange Expectations: A Review Of Two Theories Of Judicial Review, Joel Bakan
All Faculty Publications
The author examines two theories of judicial review under the Charter, one proposed by D.M. Beatty in Putting the Charter to Work: Designing a Constitutional Labour Code, and the other by P. Monahan in Politics and the Constitution: The Charter, Federalism and the Supreme Court of Canada. He demonstrates how each of these theories attempts to reconcile judicial review under the Charter with the principles of democracy by portraying it (judicial review) as a means for realizing these principles. He then argues that both efforts are ultimately unsuccessful and, indeed, only compound the problems they identify and set out to …
Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar
Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar
Articles
In a brief working paper sent to all conference participants, Professor Burt Neuborne suggested that we might consider several themes, among them "Gideon Celebrated," "Gideon Fulfilled," and "Gideon Betrayed." I think these are useful headings.
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Publications
No abstract provided.
Murray V. United States: The Bell Tolls For The Search Warrant Requirement, Craig M. Bradley
Murray V. United States: The Bell Tolls For The Search Warrant Requirement, Craig M. Bradley
Indiana Law Journal
No abstract provided.
Who’S Afraid Of The Sanction Wolf: Imposing Sanctions On Pro Se Litigants, Donalda Gillies
Who’S Afraid Of The Sanction Wolf: Imposing Sanctions On Pro Se Litigants, Donalda Gillies
Cardozo Law Review
No abstract provided.
Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy
Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
This Report, the eighth in the Truth in Criminal Justice series, assesses the rules relating to the evidentiary consideration of the defendant's silence. Its general conclusion is that the existing restrictive rules in this area are unjustified impediments to the search for truth. The notion that the fifth amendment's prohibition of compelling a person in a criminal case to be a witness against himself bars drawing adverse inferences from the defendant's silence is not well-founded. In practical effect, these rules impede the conviction of the guilty by barring consideration of an aspect of the defendant's conduct-his failure to respond to …
Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy
Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
This Report carries out a review of the historical development of the federal habeas corpus jurisdiction; examines its contemporary character and operation; and discusses relevant policy considerations. The Report concludes that federal habeas corpus as a post-conviction remedy for state prisoners should be abolished or limited as far as possible. The limited reform proposals that were passed by the Senate in 1984 and that are currently before Congress as Title II of the proposed Criminal Justice Reform Act provide the best immediate prospect for improvement.