Courts Commons^™

Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Lawrence J. MacDonnell, David H. Getches and Charles F. Wilkinson.

This important piece of legislation, passed by Congress in 1976 following many years of extensive study and debate, directs the activities of the nation's major land manager--the Bureau of Land Management. The FLPMA conference will bring together a distinguished group of experts to review the law itself, to consider the effectiveness with which it has been implemented, and to discuss the key issues which have arisen under its implementation.

Flpma From The Perspective Of The Bureau Of Land Management, H. Robert Moore

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

14 pages.

The Blm Planning Process: Chasing The Rabbit, H. Paul Friesema, Paul J. Culhane

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

11 pages.

State And Local Involvement In Bureau Of Land Management Planning Under The Federal Land Policy Act Of 1976, Tom Glass

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

8 pages.

Inculpatory Statements Against Penal Interest: State V. Parris Goes Too Far, James E. Beaver, Cheryl Mccleary

Seattle University Law Review

This article first demonstrates that courts historically did not trust penal interest statements in general, and that courts were extremely suspicious of any statements by a third party that implicated the defendant. Since Washington adopted Federal Rule of Evidence 804(b)(3) verbatim, this article then analyzes the legislative history of the rule. The article concludes that the legislative history favored exclusion of inculpatory statements but that Congress failed to codify the exclusion because of unrelated problems. Finally, the article discusses the confrontation clause problems that arise when inculpatory statements are allowed into evidence. This article argues that the Parris holding should …

The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader

UIC Law Review

No abstract provided.

The Federal Court Across The Street: Constitutional Limits On Federal Court Assertions Of Personal Jurisdiction, Pamela J. Stephens

University of Richmond Law Review

Twenty years ago, in a clear break with accepted theory, it was suggested that there were certain constitutional limitations on a federal court's authority to exercise personal jurisdiction. Such a departure from the traditional view might be expected to prompt an extensive examination of that issue by commentators. However, while assertions of personal jurisdiction by state courts have been the subject of intense scrutiny and ongoing constitutional refinements, this has not been the case regarding assertions of personal jurisdiction by federal courts. Generally, federal district courts sitting in diversity cases must look to personal jurisdiction limitations inherent in the state …

Withdrawing Jurisdiction From Federal Courts, Charles E. Rice

Journal Articles

Courts today accept two incorrect assumptions when interpreting the federal constitution. First, they assume that the judiciary is the sole branch with the definitive power in interpreting the Constitution. Second, they assume that the Supreme Court's decisions on constitutional interpretation are the law of the land and equal to the language of the Constitution itself. This Article proposes that Congress ought to exercise its removal power of appellate jurisdiction from the federal courts in certain areas of law to limit the Supreme Court’s power in creating law that expands the Constitution, which is mistakenly viewed today with equal stature as …

Legislative Formality, Administrative Rationality, Harold H. Bruff

Publications

No abstract provided.

Book Review Of The Constitution, The Courts, And Human Rights, Milton R. Konvitz

Journal of Legal Education

No abstract provided.

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.

Supreme Court Case Files

No abstract provided.

Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin

Michigan Law Review

The seventh amendment to the United States Constitution requires that "[i]n Suits at common law . . . the right of trial by jury shall be preserved." What exactly is a suit at common law? When the amendment was enacted in 1791, there was no law that was common to all the states. In 1812 Supreme Court Justice Story, in a Circuit Court ruling, held that the common law alluded to was the common law of England, "the grand reservoir of all of our jurisprudence." This means that when today an American judge has to decide whether in any set …

Habeas Corpus: Its History And Its Future, Charles Alan Wright

Michigan Law Review

A Review of A Constitutional History of Habeas Corpus by William F. Duker

Making Noninterpretivism Respectable: Michael J. Perry's Contributions To Constitutional Theory, Richard B. Saphire

Michigan Law Review

A Review of The Constitution, The Courts, and Human Rights: An Inquiry into the Legitimacy of Constitutional Policymaking by the Judiciary by Michael J. Perry

Is The United States Claims Court Constitutional?, Joan E. Baker

Cleveland State Law Review

This article will deal with two major constitutional problems that have resulted from the creation of the Claims Court. The first issue is the constitutionality of the appointment of existing Court of Claims Commissioners to be judges on the Claims Court during a four-year "transition" period. By legislatively designating the persons who are to serve as judges on the new court, Congress has usurped the presidential appointment power. The second issue relates to the constitutional status of the Claims Court. The Court of Claims which it replaces was created under article III of the Constitution, and the judges on it …

Confessions, Yale Kamisar

Book Chapters

The entry for 'Confessions' in the Encyclopedia of Crime and Justice, 1983

Constitutional Criminal Procedure, Thomas E. Baker

Faculty Publications

No abstract provided.

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.

The Scope Of The All Writs Power, Robert T. Mann

Florida State University Law Review

No abstract provided.

Constitutional Criminal Procedure, Thomas E. Baker

Faculty Publications

This article discusses decisions of the new Eleventh Circuit and also decisions of the former Fifth Circuit, some of which are binding precedents for the new court. By way of introduction, the title Constitutional Criminal Procedure deserves amplification. Related criminal law topics not within the scope of this article include the following: the substantive law of crimes; non constitutional aspects of the Federal Rules of Evidence; non constitutional aspects of the Federal Rules of Criminal Procedure; procedural aspects of habeas corpus; sentencing; prisoners' rights; and civil rights suits alleging constitutional deprivations.

The Court Stripping Bills: Their Impact On The Constitution, The Courts, And Congress, Max Baucus, Kenneth R. Kay

Villanova Law Review (1956 - )

No abstract provided.

The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel

UIC Law Review

No abstract provided.

Legislative Proposals To Restrict The Jurisdiction Of The Federal Courts: Are They Wise - Are They Constitutional, Dolores K. Sloviter

Villanova Law Review (1956 - )

No abstract provided.

Congressional Power To Regulate Supreme Court Appellate Jurisdiction Under The Exceptions Clause: An Internal And External Examination, Martin H. Redish

Villanova Law Review (1956 - )

No abstract provided.

Majoritarian Constraints On Judicial Review: Congressional Control Of Supreme Court Jurisdiction, Leonard G. Ratner

Villanova Law Review (1956 - )

No abstract provided.

Congressional Power Over The Jurisdiction Of The Federal Courts, Paul M. Bator

Villanova Law Review (1956 - )

No abstract provided.

Symposium Proceedings, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Congress And The Supreme Court's Jurisdiction, Charles E. Rice

Villanova Law Review (1956 - )

No abstract provided.

Congressional Retraction Of Federal Court Jurisdiction To Protect The Reserved Powers Of The States: The Helms Prayer Bill And A Return To First Principles, James Mcclellan

Villanova Law Review (1956 - )

No abstract provided.