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Articles 3631 - 3660 of 3870
Full-Text Articles in Courts
Reflections On Unconstitutionality In Futuro: Shavers V. Attorney General And Robinson V. Cahill, Philip H. Hecht
Reflections On Unconstitutionality In Futuro: Shavers V. Attorney General And Robinson V. Cahill, Philip H. Hecht
University of Michigan Journal of Law Reform
This article will argue that holdings of unconstitutionality in futuro are difficult to reconcile with the separation of powers doctrine because they foster impermissible intrusions on the ability of the legislative and executive branches to act independently of the judiciary. It is further argued that in the two cases where courts have adopted the unconstitutionality in futuro approach, the failure to satisfy all of the proposed standards for the appropriateness of unconstitutionality in futuro and the further considerations of judicial legitimacy and competency should have led the courts to consider other less drastic alternatives before deciding to use unconstitutionality in …
Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer
Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer
Seattle University Law Review
To avoid reaching incorrect verdicts as a result of insufficient evidence, courts generally require witnesses to testify to all relevant facts within their knowledge. Two important exceptions to this general rule, incompetency and privilege, rest on very different rationales. Developed at common law to exclude unreliable evidence, rules of competency disqualify certain untrustworthy witnesses from testifying. To promote extrinsic public policies, however, privileges excuse competent witnesses from providing what may be highly probative and reliable evidence. In the past decade there have been calls for legislative or judicial recognition of a parent-child privilege, similar to the marital privilege, that would …
Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr.
Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr.
Seattle University Law Review
Recent Supreme Court decisions severely restrict the right of citizens to litigate in federal courts. The Court's standing requirements not only limit the ability of citizens to successfully invoke federal court jurisdiction, but also confuse lower courts and litigants attempting to apply the requirements. Standing requirements have met with increasing criticism. And Congress is now considering legislative modification of standing doctrine. Unfortunately, the Court's employment of constitutional foundations in establishing current standing requirements imposes substantial roadblocks Congress must avoid to enact remedial standing legislation. This comment examines the constitutional and pragmatic difficulties of statutory modification of standing requirements and recommends …
The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz
The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz
Indiana Law Journal
No abstract provided.
The Eleventh Amendment: An Endangered Species, Peter W. Thornton
The Eleventh Amendment: An Endangered Species, Peter W. Thornton
Indiana Law Journal
No abstract provided.
Professor Jones And The Constitution, Henry Paul Monaghan
Professor Jones And The Constitution, Henry Paul Monaghan
Faculty Scholarship
Professor Harry Jones's elegant and stimulating Waterman lectures begin on a salutary note. Professor Jones rightly reminds us that, first and foremost, a constitution is not exclusively or primarily a limitation on the exercise of political power, but rather is a charter for its exercise. Accordingly, to view the Constitution as "all brakes and no engine" suggests a serious and fundamental myopia, albeit an understandable one given the popular preoccupation with the Supreme Court's role in vindicating guarantees of civil liberty. But that preoccupation, Professor Jones notes, does more than distort the meaning of the Constitution; it ignores an historically …
Presidential Power And Administrative Rulemaking, Harold H. Bruff
Presidential Power And Administrative Rulemaking, Harold H. Bruff
Publications
No abstract provided.
Some Thoughts On Judicial Authority To Repair Unconstitutional Legislation, Ruth Bader Ginsburg
Some Thoughts On Judicial Authority To Repair Unconstitutional Legislation, Ruth Bader Ginsburg
Cleveland State Law Review
Among governing institutions, the judiciary has been described as "the least dangerous branch."' Courts in our system have the awesome power to declare laws unconstitutional, but judges command no troops, and are said to lack the power of the purse. My remarks address a facet of the purse power supposition: When a legislative product is constitutionally infirm because it is under inclusive, what remedies lie within the judicial province? Discussion will focus on the question whether a court may order inclusion of a category of persons left out by the legislature, a question particularly pointed when the court's inclusion order …
Comparative Negligence Versus The Constitutional Guarantee Of Equal Protection: A Hypothetical Judicial Decision, Daniel O. Conkle, Claude R. Sowle
Comparative Negligence Versus The Constitutional Guarantee Of Equal Protection: A Hypothetical Judicial Decision, Daniel O. Conkle, Claude R. Sowle
Articles by Maurer Faculty
No abstract provided.
The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford
The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford
Cornell Law Faculty Publications
The Massachusetts Supreme Court has recently ruled that decisions about withholding care from hopelessly ill, legally incapacitated patients must be made by judges. It clearly rejected the view that families and attending physicians should be empowered to make such decisions. In this respect, the ruling contrasts with that of the Quinlan case and highlights the issue of whether judges or physicians and families are better able to make medically and morally sound decisions respecting this class of patients.
Marquette National Bank Of Minneapolis V. First Of Omaha Service Corp., Lewis F. Powell Jr.
Marquette National Bank Of Minneapolis V. First Of Omaha Service Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Addington V. Texas, Lewis F. Powell Jr.
Addington V. Texas, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Disqalification Of Justices And The Constitutional Status Of The Judicial Budget: State Ex Rel. Bagley V. Blankenship, Kathleen Duffield
Disqalification Of Justices And The Constitutional Status Of The Judicial Budget: State Ex Rel. Bagley V. Blankenship, Kathleen Duffield
West Virginia Law Review
No abstract provided.
United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr.
United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr.
BYU Law Review
No abstract provided.
Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar
Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar
Articles
On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Publications
No abstract provided.
Preliminary Injunctions And Abstention: Some Problems In Federalism, Michael L. Wells
Preliminary Injunctions And Abstention: Some Problems In Federalism, Michael L. Wells
Scholarly Works
Suppose a federal district court faces a challenge to state action that presents an unsettled issue of state law, a federal constitutional issue, and a plaintiff who will be irreparably harmed if the state is not immediately enjoined. May the court abstain from a decision on the merits, remand the case to the state courts for resolution of the state law issue, and yet grant a preliminary injunction against the challenged state action? Does it follow from the paucity of reported opinions coupling such interim relief with abstention that such a procedure is inconsistent with the policies underlying the abstention …
Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr.
Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Jury's Role Under The Indiana Constitution, Carolyn White Spengler
The Jury's Role Under The Indiana Constitution, Carolyn White Spengler
Indiana Law Journal
No abstract provided.
An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol
An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol
Villanova Law Review (1956 - )
No abstract provided.
The Congressional Veto: Preserving The Constitutional Framework, Arthur S. Miller, George M. Knapp
The Congressional Veto: Preserving The Constitutional Framework, Arthur S. Miller, George M. Knapp
Indiana Law Journal
Symposium: Separation of Powers
Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn
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 …
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi
Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi
Publications
No abstract provided.
Adjudication Of Federal Causes Of Action In State Court, Martin H. Redish, John E. Muench
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.
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.
Zacchini V. Scripps-Howard Broadcasting Co., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Judicial Law Making And Administration, Roger C. Cramton
Judicial Law Making And Administration, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz
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
Standing, Mootness, And Federal Rule 23—Balancing Perspectives, Mary Kay Kane
Buffalo Law Review
No abstract provided.