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Articles 3331 - 3360 of 3517
Full-Text Articles in Courts
Congressional Authority To Restrict Lower Federal Court Jurisdiction, Theodore Eisenberg
Congressional Authority To Restrict Lower Federal Court Jurisdiction, Theodore Eisenberg
Cornell Law Faculty Publications
Separation of powers in the federal government inevitably generates conflicts among the branches. In recent years the executive branch's authority to impound funds appropriated by Congress and to make war without congressional approval has been questioned. In earlier days debate raged over the Supreme Court's authority to nullify legislation passed by Congress. A recurrent example of this phenomenon has been the struggle between Congress and the judiciary over the scope of congressional control of federal court jurisdiction. The recent controversy over school busing has highlighted this problem. The problem is, however, neither novel nor peculiar to the busing issue. In …
The National Court Of Appeals: A Constitutional "Inferior Court"?, Michigan Law Review
The National Court Of Appeals: A Constitutional "Inferior Court"?, Michigan Law Review
Michigan Law Review
Objections have been raised to the necessity for and the practicality of such a court. These objections are, however, tangential to the subject of this Note and are fully discussed elsewhere. An additional question has been raised regarding the constitutionality of the proposed court. Article III, section 1, of the Constitution provides: "The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Several commentators have challenged the proposed court as violative of the provision for "one supreme Court." There is, …
Limited Government And Judicial Review, Paul G. Kauper
Limited Government And Judicial Review, Paul G. Kauper
Michigan Law Review
A Book Review of Limited Government and Judicial Review by Durga Das Basu
Bellis V. United States, Lewis F. Powell Jr.
Bellis V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Jimenez V. Weinberger, Lewis F. Powell Jr.
Jimenez V. Weinberger, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Defunis V. Odegaard, Lewis F. Powell Jr.
Defunis V. Odegaard, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Miami Herald Publishing Co. V. Tornillo, Lewis F. Powell Jr.
Miami Herald Publishing Co. V. Tornillo, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Fact Style Adjudication And The Fourth Amendment: The Limits Of Lawyering, Roger B. Dworkin
Fact Style Adjudication And The Fourth Amendment: The Limits Of Lawyering, Roger B. Dworkin
Indiana Law Journal
No abstract provided.
The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White
The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White
Articles
In this paper I propose to identify possible ways in which a court could uphold the constitutionality of section 9-503 without an explicit rejection of Fuentes v. Shevin. It is my thesis that Fuentes v. Shevin is probably an undesirable outcome, and that the application of the same doctrine to self-help repossession is certainly undesirable and would constitute due process gone berserk. My arguments will not be novel; each has been suggested by the courts that have considered this matter, or by the briefs of the lawyers who have argued these cases. I cannot even claim to have collected the …
The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches
The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches
Publications
No abstract provided.
Gomez V. Perez, Lewis F. Powell Jr.
Sloan V. Lemon, Lewis F. Powell Jr.
Cappellitti: Judicial Review In The Contemporary World, Paul G. Kauper
Cappellitti: Judicial Review In The Contemporary World, Paul G. Kauper
Michigan Law Review
A Review of Judicial Review in the Contemporary World by Mauro Cappellitti
Easy Cases, Bad Law, And Burdens Of Proof, Roger B. Dworkin
Easy Cases, Bad Law, And Burdens Of Proof, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Faculty Scholarship
IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …
Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel
Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel
Publications
No abstract provided.
Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review
Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review
Michigan Law Review
At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …
Sarno V. Illinois Crime Investigating Commission, Lewis F. Powell Jr.
Sarno V. Illinois Crime Investigating Commission, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
In Matter Of Pappas, Lewis F. Powell Jr.
In Matter Of Pappas, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Branzburg V. Hayes, Lewis F. Powell Jr.
Branzburg V. Hayes, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Caldwell, Lewis F. Powell Jr.
United States V. Caldwell, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones
Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones
Scholarly Works
For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …
Book Review Of Court And Constitution In The Twentieth Century, Paul G. Kauper
Book Review Of Court And Constitution In The Twentieth Century, Paul G. Kauper
William & Mary Law Review
No abstract provided.
Judicial Control Over Passport Policy, Leon Hurwitz
Judicial Control Over Passport Policy, Leon Hurwitz
Cleveland State Law Review
This paper is concerned with the judiciary's role in influencing both the procedure and substance of one particular aspect of foreign policy, namely, the passport policy of the State Department. That a decision regarding passports is a foreign policy decision has long been advanced by the President and Secretary of State. It is generally accepted that the issuance and regulation of passports is an integral part of the general conduct of American foreign relation
Judicial Review--Professional Association--Inquiry Into Exclusion From Membership, Charles Blaine Myers Jr.
Judicial Review--Professional Association--Inquiry Into Exclusion From Membership, Charles Blaine Myers Jr.
West Virginia Law Review
No abstract provided.
The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin
The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin
Indiana Law Journal
In the Comment which follows Professor Baldwin presents a brief for an extremely creative Supreme Court. In contrast to those who suggest limiting the function of the Court, either by subject matter or by judicial restraint, the author would have it protect the compact upon which the community is based, by taking an active role to insure that the compensation implied in the compact flows in fact not only to the community but to the individual.
Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick
Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick
Indiana Law Journal
No abstract provided.
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony A. D'Amato
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony A. D'Amato
University of Michigan Journal of Law Reform
One of the most singular pieces of legislation in American constitutional history passed both houses of the Massachusetts legislature on April 1st, 1970, and was signed into law on the following day by Governor Francis W. Sargent. It provides that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article 1, Section 8, clause 11 of the United States Constitution. The bill further directs the state's attorney general to bring a suit testing …
Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman
Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman
Articles & Chapters
The Supreme Court's decision in Cafeteria Workers v. McElroy (1961) has often been cited by military commanders to support claimed plenary power over access to the installation commanded. Observing that plenary power is a rarity in contemporary society, Lieutenant Lieberman questions the prof erred interpretation of Cafeteria Workers particularly in light of more recent decisions. He concludes that while commanders do possess broad powers over access, the power is not plenary but must be weighed in each instance against the individual's rights of freedom of speech and association.