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Articles 2461 - 2490 of 3114

Full-Text Articles in Courts

Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie Sep 1995

Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie

University of the District of Columbia Law Review

Judges sitting on the Superior Court of the District of Columbia routinely order children into secure detention who require no more restrictive confinement than that provided by shelter care. Despite a statutory presumption against detention, and a superior court rule that prohibits substituting secure detention for shelter care,' the District inappropriately places children into secure detention simply because there is a lack of bed space in youth shelter houses. The deprivation of liberty that occurs when a juvenile is placed in secure detention rather than shelter care is required neither for the protection of the community nor for the welfare …


Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley Jul 1995

Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley

Indiana Law Journal

No abstract provided.


Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss Jul 1995

Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss

Indiana Law Journal

No abstract provided.


"Fetch Some Soupmeat", William N. Eskridge Jr. Apr 1995

"Fetch Some Soupmeat", William N. Eskridge Jr.

Cardozo Law Review

Although first published over 150 years ago, Francis Lieber's Legal and Political Hermeneutics remains broadly influential, and the soupmeat hypothetical in particular has been reproduced in the most widely read twentieth-century legal texts for teaching statutory interpretation. The directive, "fetch some soupmeat," seems straightforward in most situations, because the housekeeper and the servant are operating under the same assumptions, and because their shared assumptions are borne out as the servant goes about his task. Lieber's project-and the project of any sophisticated theoretical treatment of statutory interpretation-was to explore the many ways in which "fetch some soupmeat" proves susceptible to surprising …


Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber Apr 1995

Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber

Cardozo Law Review

The second edition of the Hermeneutics was published in 1839, and has now been out of print for almost forty years. In 1860 Dr. Lieber carefully revised it, and made additions to both text and notes, expecting to publish a third edition, with a second part, of "Special Hermeneutics, or Legal Rules of Interpretation and Construction," by an eminent member of the New York Bar, Mr. William Curtis Noyes. This plan, however, was not carried out, and Mr. Noyes died December 25, 1863, without having written his proposed part. The text of the present edition, and Dr. Lieber's own notes, …


Introduction To Mercer Law Review Symposium On Federal Judicial Independence, L. Ralph Mecham Mar 1995

Introduction To Mercer Law Review Symposium On Federal Judicial Independence, L. Ralph Mecham

Mercer Law Review

No abstract provided.


A Catalogue Of Judicial Federalism In The United States, Thomas E. Baker Jan 1995

A Catalogue Of Judicial Federalism In The United States, Thomas E. Baker

Faculty Publications

No abstract provided.


Ineffective Assistance Of Counsel Jan 1995

Ineffective Assistance Of Counsel

Touro Law Review

No abstract provided.


Power Of Courts Jan 1995

Power Of Courts

Touro Law Review

No abstract provided.


Right To Counsel Jan 1995

Right To Counsel

Touro Law Review

No abstract provided.


Renewal Of The Federal Rulemaking Process L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Peter G. Mccabe Jan 1995

Renewal Of The Federal Rulemaking Process L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Peter G. Mccabe

American University Law Review

No abstract provided.


"Use" And The Irresistible Impulse To Legislate, Robert C. Dorf Jan 1995

"Use" And The Irresistible Impulse To Legislate, Robert C. Dorf

Touro Law Review

No abstract provided.


Trademark Protection For Color: Basking In The Warmth Of "Sun Glow", Jennifer D. Silverman Jan 1995

Trademark Protection For Color: Basking In The Warmth Of "Sun Glow", Jennifer D. Silverman

Touro Law Review

No abstract provided.


What's Happening With Respect To The Second Circuit, Hon. George C. Pratt Jan 1995

What's Happening With Respect To The Second Circuit, Hon. George C. Pratt

Touro Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1995

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer Jan 1995

The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer

Touro Law Review

No abstract provided.


Eye On Justice, Roger J. Miner '56 Jan 1995

Eye On Justice, Roger J. Miner '56

Legal History

No abstract provided.


The Fault Is In Ourselves, Roger J. Miner '56 Jan 1995

The Fault Is In Ourselves, Roger J. Miner '56

Bar Associations

No abstract provided.


Politcs And The Courts: A Positive Theory Of Judicial Doctrine And The Rule Of Law, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast Jan 1995

Politcs And The Courts: A Positive Theory Of Judicial Doctrine And The Rule Of Law, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.


Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg Jan 1995

Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg

Faculty Scholarship

Justice Rosalie Wahl is well-known as the first woman to be appointed to the Minnesota Supreme Court, but she has made a lesser known, yet critical, contribution to the quality and effectiveness of legal education in this country. As chair of the American Bar Association's Section on Legal Education and Admissions to the Bar, Wahl created the MacCrate Commission. The MacCrate Report charts the way for improvement in law school teaching and learning, and the discussion following the report lead to the creation of an ABA Commission to take testimony and review the ABA Accreditation Standards. Wahl also chaired this …


Innovations Disguised As Traditions: An Historical Review Of The Supreme Court Nominations Process, Ronald D. Rotunda Jan 1995

Innovations Disguised As Traditions: An Historical Review Of The Supreme Court Nominations Process, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.


Diluting Justice On Appeal?: An Examination Of The Use Of District Court Judges Sitting By Designation On The United States Courts Of Appeals, Richard B. Saphire, Michael E. Solimine Jan 1995

Diluting Justice On Appeal?: An Examination Of The Use Of District Court Judges Sitting By Designation On The United States Courts Of Appeals, Richard B. Saphire, Michael E. Solimine

University of Michigan Journal of Law Reform

According to a number of studies and commentators, a serious caseload crisis faces the federal courts. With respect to the federal courts of appeals, some have called for drastic remedial measures. Until Congress responds, the courts of appeals have been forced to adopt a range of coping measures. In this article, Professors Saphire and Solimine examine one of these measures, the utilization of designated district court judges on appellate panels. After discussing the origins and extent of this practice, they identify a number of problems it raises. They argue that extensive and routine utilization of district judges on appellate panels …


Investiture Of The Honorable Paul Czajka, Roger J. Miner '56 Jan 1995

Investiture Of The Honorable Paul Czajka, Roger J. Miner '56

Induction Ceremonies and Investitures

No abstract provided.


Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, 28 U. Mich. J.L. Reform 305 (1995), Matthew R. Kipp, Paul B. Lewis Jan 1995

Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, 28 U. Mich. J.L. Reform 305 (1995), Matthew R. Kipp, Paul B. Lewis

UIC Law Open Access Faculty Scholarship

With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …


Some Introductory Thoughts L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress, William H. Rehnquist Jan 1995

Some Introductory Thoughts L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress, William H. Rehnquist

American University Law Review

No abstract provided.


L. Ralph Mecham: A Tribute L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress, Richard S. Arnold Jan 1995

L. Ralph Mecham: A Tribute L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress, Richard S. Arnold

American University Law Review

No abstract provided.


History Of The Federal Judiciary's Automation Program, The L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , J. Owen Forrester Jan 1995

History Of The Federal Judiciary's Automation Program, The L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , J. Owen Forrester

American University Law Review

No abstract provided.


From Orphan To Maturity: The Development Of The Bankruptcy System During L. Ralph Mecham's Tenure As Director Of The Administrative Office Of The United States Courts L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Lloyd D. George Jan 1995

From Orphan To Maturity: The Development Of The Bankruptcy System During L. Ralph Mecham's Tenure As Director Of The Administrative Office Of The United States Courts L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Lloyd D. George

American University Law Review

No abstract provided.


Measured Progress: The Evolution And Administration Of The Federal Magistrate Judges System L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Philip M. Pro, Thomas C. Hnatowski Jan 1995

Measured Progress: The Evolution And Administration Of The Federal Magistrate Judges System L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Philip M. Pro, Thomas C. Hnatowski

American University Law Review

No abstract provided.


Long Range Planning: A Reality In The Judicial Branch L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Richard B. Hoffman, William M. Lucianovic Jan 1995

Long Range Planning: A Reality In The Judicial Branch L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Richard B. Hoffman, William M. Lucianovic

American University Law Review

No abstract provided.