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Articles 3301 - 3330 of 3517

Full-Text Articles in Courts

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn Jan 1977

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Publications

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …


Adjudication Of Federal Causes Of Action In State Court, Martin H. Redish, John E. Muench Dec 1976

Adjudication Of Federal Causes Of Action In State Court, Martin H. Redish, John E. Muench

Michigan Law Review

The first section of this article considers the power of state courts to hear federal cases. Since it is now well established that state courts have the constitutional power to adjudicate federal causes of action if Congress so desires, the significant questions concern the method by which the judiciary is to decipher congressional intent. Although the courts have no difficulty where Congress has explicitly addressed the issue of state court jurisdiction, problems do arise in situations where Congress has remained silent on the question. The first section critically examines the traditional criteria employed by the courts for determining congressional intent …


Village Of Arlington Heights V. Metropolitan Housing Development Authority Corp., Lewis F. Powell Jr. Oct 1976

Village Of Arlington Heights V. Metropolitan Housing Development Authority Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Zacchini V. Scripps-Howard Broadcasting Co., Lewis F. Powell Jr. Oct 1976

Zacchini V. Scripps-Howard Broadcasting Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz Oct 1976

Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz

Buffalo Law Review

No abstract provided.


Standing, Mootness, And Federal Rule 23—Balancing Perspectives, Mary Kay Kane Oct 1976

Standing, Mootness, And Federal Rule 23—Balancing Perspectives, Mary Kay Kane

Buffalo Law Review

No abstract provided.


Judicial Law Making And Administration, Roger C. Cramton Oct 1976

Judicial Law Making And Administration, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Federal Practice And Procedure, Martin J. Kane Jan 1976

Federal Practice And Procedure, Martin J. Kane

Villanova Law Review (1956 - )

No abstract provided.


Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger Jan 1976

Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger

Faculty Works

No abstract provided.


Recent Developments, Various Editors Jan 1976

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Federal Courts, Injunctions, Declaratory Judgments, And State Law: The Supreme Court Has Finally Fashioned A Workable Abstention Doctrine, Clair E. Dickinson Jan 1976

Federal Courts, Injunctions, Declaratory Judgments, And State Law: The Supreme Court Has Finally Fashioned A Workable Abstention Doctrine, Clair E. Dickinson

Cleveland State Law Review

The American judicial system is founded on several policies which act as guideposts for the courts. Among these is the policy that states should be as free from federal control as possible. At the opposite end of the spectrum is the view that federal courts have a duty to protect individuals from violations of their constitutional rights. These policies meet, and seemingly clash, when a plaintiff enters a federal court either to request a declaratory judgment that a state statute is unconstitutional or to seek an injunction against the enforcement of the statute. The balancing of these competing interests has …


Judicial Review: Its Influence Abroad, Donald P. Kommers Jan 1976

Judicial Review: Its Influence Abroad, Donald P. Kommers

Journal Articles

The doctrine of judicial review, having been nourished in a legal culture and socio-political environment favorable to its growth, is America’s most distinctive contribution to constitutional government. Judicial review as historically practiced in the United States was duly recorded abroad, with varying degrees of influence and acceptability. During the nineteenth and early twentieth centuries, the influence of judicial review was most conspicuous in Latin America, where it was adopted as an articulate principle of numerous national constitutions, while most European nations consciously rejected it as incompatible with the prevailing theory of separation of powers. Germany, Austria, and Switzerland, although marginally …


Franks V. Bowman Transportation Co. Inc., Lewis F. Powell Jr. Oct 1975

Franks V. Bowman Transportation Co. Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Buckley V. Valeo, Lewis F. Powell Jr. Oct 1975

Buckley V. Valeo, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Washington V. Davis, Lewis F. Powell Jr. Oct 1975

Washington V. Davis, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Pennsylvania V. New Jersey, Lewis F. Powell Jr. Oct 1975

Pennsylvania V. New Jersey, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


City Of New Orleans V. Dukes, Lewis F. Powell Jr. Oct 1975

City Of New Orleans V. Dukes, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Massachusetts Board Of Retirement V. Murgia, Lewis F. Powell Jr. Oct 1975

Massachusetts Board Of Retirement V. Murgia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Cappaert V. United States, Lewis F. Powell Jr. Oct 1975

Cappaert V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin Apr 1975

Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin

Buffalo Law Review

No abstract provided.


Comparative Judicial Review And Constitutional Politics, Donald P. Kommers Jan 1975

Comparative Judicial Review And Constitutional Politics, Donald P. Kommers

Journal Articles

Donald P. Kommers reviews Richard D. Baker's Judicial Review in Mexico: A Study of the Amparo Suit (Austin and London: University of Texas Press, 1971); B. L. Strayer's Judicial Review of Legislation in Canada (Toronto: University of Toronto Press, 1968); Heinz Laufer's Verfassungsgerichtsbarkeit und politischer Prozess (Tiibingen: J.C.B. Mohr [Paul Siebeck ], 1968); Mauro Cappelletti's Judicial Review in the Contemporary World (Indianapolis: The Bobbs-Merrill Company, Inc., 1971); Edward McWhinney's Judicial Review (4th ed.) (Toronto: University of Toronto Press, 1969); Richard E. Johnston's The Effect of Judicial Review on Federal-State Relations in Australia, Canada, and the United States (Baton Rouge: Louisiana …


Stanton V. Stanton, Lewis F. Powell Jr. Oct 1974

Stanton V. Stanton, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Weinberger V. Wiesenfeld, Lewis F. Powell Jr. Oct 1974

Weinberger V. Wiesenfeld, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Nixon, Lewis F. Powell Jr. Oct 1974

United States V. Nixon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


White V. Regester, Lewis F. Powell Jr. Oct 1974

White V. Regester, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


A Proposed New Judicial Article For West Virginia, Thornton G. Berry Jr. Jun 1974

A Proposed New Judicial Article For West Virginia, Thornton G. Berry Jr.

West Virginia Law Review

No abstract provided.


Federal Courts - Declaratory Judgment - A Federal Court May Grant Declaratory Relief From A State Statute Allegedly Unconstitutional As Applied If State Prosecution Is Threatened, But Not Pending, Rachel Wolkin Jan 1974

Federal Courts - Declaratory Judgment - A Federal Court May Grant Declaratory Relief From A State Statute Allegedly Unconstitutional As Applied If State Prosecution Is Threatened, But Not Pending, Rachel Wolkin

Villanova Law Review (1956 - )

No abstract provided.


A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne Jan 1974

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 Use Of In Camera Hearings In Ruling On The Informer Privilege, Ronald E. Levine Jan 1974

The Use Of In Camera Hearings In Ruling On The Informer Privilege, Ronald E. Levine

University of Michigan Journal of Law Reform

The thesis of this article is that most of the problems of defining the scope of the privilege in a particular case are due to the paucity of information available to the trial judge who must rule on the issue. Furthermore, many of the formulas presently used are conceptually and functionally inadequate. Both of these problems can be solved by the use of in camera hearings, for such proceedings not only will provide the trial judge with sufficient information to make a fair and rational decision, but will also alleviate the present necessity to rule only on the basis of …


Abortion: The Court Decides A Non-Case, Joseph O'Meara Jan 1974

Abortion: The Court Decides A Non-Case, Joseph O'Meara

Journal Articles

It took the Supreme Court 105 years to discover that the Fourteenth Amendment guarantees a personal right of privacy that invalidates state statutes forbidding abortion except to save the mother's life. As Mr. Justice Rehnquist pointed out, in a dissent that no member of the Court attempted to answer, at least thirty-six states had such anti-abortion statutes when the Fourteenth Amendment was adopted. None was attacked on the ground that they offended the newly adopted amendment. The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the States the …