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Articles 3661 - 3690 of 3870
Full-Text Articles in Courts
Federal Practice And Procedure, Martin J. Kane
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
Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger
Faculty Works
No abstract provided.
Recent Developments, Various Editors
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
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
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.
Franks V. Bowman Transportation Co. Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Buckley V. Valeo, Lewis F. Powell Jr.
Washington V. Davis, Lewis F. Powell Jr.
Washington V. Davis, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Pennsylvania V. New Jersey, Lewis F. Powell Jr.
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.
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.
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.
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
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
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.
Stanton V. Stanton, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Weinberger V. Wiesenfeld, Lewis F. Powell Jr.
Weinberger V. Wiesenfeld, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Nixon, Lewis F. Powell Jr.
United States V. Nixon, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
White V. Regester, Lewis F. Powell Jr.
A Proposed New Judicial Article For West Virginia, Thornton G. Berry Jr.
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
Villanova Law Review (1956 - )
No abstract provided.
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 Use Of In Camera Hearings In Ruling On The Informer Privilege, Ronald E. Levine
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 …
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
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.
Abortion: The Court Decides A Non-Case, Joseph O'Meara
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 …
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.