Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Richmond (446)
- Maurer School of Law: Indiana University (220)
- Seattle University School of Law (218)
- Touro University Jacob D. Fuchsberg Law Center (153)
- University of Michigan Law School (126)
-
- New York Law School (113)
- Pepperdine University (92)
- Duke Law (86)
- Roger Williams University (86)
- UIC School of Law (82)
- Yeshiva University, Cardozo School of Law (82)
- University of Colorado Law School (80)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (68)
- Georgetown University Law Center (62)
- Northwestern Pritzker School of Law (58)
- Fordham Law School (50)
- University of Maine School of Law (48)
- University of Georgia School of Law (47)
- William & Mary Law School (47)
- BLR (46)
- Washington and Lee University School of Law (43)
- American University Washington College of Law (40)
- University of Arkansas Little Rock (33)
- Cornell University Law School (32)
- Washington University in St. Louis (31)
- St. Mary's University (30)
- Brooklyn Law School (28)
- Vanderbilt University Law School (27)
- Cleveland State University (26)
- Pace University (24)
- Keyword
-
- Judges (392)
- Courts (250)
- Supreme Court (236)
- Constitution (110)
- Judge (98)
-
- Federal courts (86)
- Judiciary (86)
- Court (85)
- Federal (76)
- United States Supreme Court (69)
- Jurisprudence (59)
- Constitutional Law (57)
- Constitutional law (57)
- Justice (56)
- Judicial review (55)
- New York (54)
- Due process (53)
- Law (51)
- State (51)
- Jurisdiction (50)
- Litigation (50)
- Congress (49)
- Judicial selection (47)
- Judicial process (46)
- Politics (45)
- Roger J Miner (44)
- Diversity (40)
- Court of Appeals (39)
- Defendant (39)
- Supreme court (38)
- Publication Year
- Publication
-
- University of Richmond Law Review (355)
- Seattle University Law Review (214)
- Faculty Scholarship (153)
- Touro Law Review (151)
- Indiana Law Journal (140)
-
- Law Faculty Publications (79)
- Articles by Maurer Faculty (65)
- UIC Law Review (59)
- Pepperdine Law Review (57)
- Michigan Law Review (56)
- Life of the Law School (1993- ) (53)
- Faculty Publications (48)
- Articles (46)
- Northwestern University Law Review (45)
- ExpressO (43)
- Maine Law Review (43)
- Scholarly Works (41)
- Cardozo Law Review (37)
- Nevada Law Journal (34)
- Georgetown Law Faculty Publications and Other Works (32)
- Georgia Journal of International & Comparative Law (32)
- Scholarship@WashULaw (31)
- Cornell Law Faculty Publications (28)
- Committees (27)
- Fordham Law Review (27)
- Faculty Articles (25)
- Scholarly Articles (24)
- Journal of the National Association of Administrative Law Judiciary (23)
- American University Law Review (22)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (22)
- Publication Type
- File Type
Articles 2851 - 2880 of 3112
Full-Text Articles in Courts
Decision-Making In The United States Court Of Appeals, Roger J. Miner '56
Decision-Making In The United States Court Of Appeals, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
Slavery And The Federal Courts, Roger J. Miner '56
Slavery And The Federal Courts, Roger J. Miner '56
Court Conferences and Events
No abstract provided.
The United States District Court For The Northern District Of New York — Its History And Antecedents, Roger J. Miner '56
The United States District Court For The Northern District Of New York — Its History And Antecedents, Roger J. Miner '56
Court Conferences and Events
No abstract provided.
Memorial Ceremony Of Hon. Henry F. Werker, Roger J. Miner '56
Memorial Ceremony Of Hon. Henry F. Werker, Roger J. Miner '56
Memorials and Eulogies
No abstract provided.
Controlling The Structural Injunction, Robert F. Nagel
Controlling The Structural Injunction, Robert F. Nagel
Publications
No abstract provided.
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Articles
A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …
The Continuing Diminished Availability Of Federal Habeas Corpus Review To Challenge State Court Judgments: Lehman V. Lycoming County Children's Servies Agency, Ira P. Robbins, Susan M. Newell
The Continuing Diminished Availability Of Federal Habeas Corpus Review To Challenge State Court Judgments: Lehman V. Lycoming County Children's Servies Agency, Ira P. Robbins, Susan M. Newell
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Hearings On Jury Bias Or Misconduct, Ronald J. Bacigal
Hearings On Jury Bias Or Misconduct, Ronald J. Bacigal
Law Faculty Publications
In the recent cases of Smith v. Phillips, and Rushen v. Spain, the United States Supreme Court recognized that judicial review of ex parte contacts with a sitting jury may raise a number of separate but interrelated constitutional rights: (1) the right to an impartial jury; (2) the right to a due process post-trial hearing on jury bias; (3) a possible due process right to a mid-trial hearing on jury bias; (4) the defendant's right to be present at such mid· trial hearings; and (5) the right to be represented at such mid-trial hearings. As Justice Stevens noted in his …
Playing With Numbers: Determining The Majority Of Judges Required To Grant En Banc Sittings In The United States Court Of Appeals, James J. Wheaton
Playing With Numbers: Determining The Majority Of Judges Required To Grant En Banc Sittings In The United States Court Of Appeals, James J. Wheaton
Faculty Publications
This note addresses the effects that these two interests -- majority control of circuit law and judicial integrity -- have on the appropriate definition of majority. Neither legislative history nor Supreme Court constructions of section 46(c) provide an unambiguous rule, and interpretation of the majority requirement remains within the authority of each circuit. The Judicial Conference of the United States, at its meeting in September 1984, recommended that each circuit clearly describe its en banc voting procedures. This note delineates considerations that may assist the circuit courts in their efforts to outline the method by which they should order en …
Improving Jury Deliberations: A Reconsideration Of Lesser Included Offense Instructions, Michael D. Craig
Improving Jury Deliberations: A Reconsideration Of Lesser Included Offense Instructions, Michael D. Craig
University of Michigan Journal of Law Reform
This Note approves of efforts to avoid hung juries by giving lesser included offense instructions but opposes those instructions that restrict juror decisions and coerce minority jurors. Rather, this Note offers a lesser included offense instruction that promotes flexibility and jury compromise without undermining the deliberative process. Part I describes the problem of hung juries and how courts have tried to prevent them with restrictive lesser included offense instructions. Part II analyzes the coercive impact of restrictive lesser included offense instructions and concludes that an instruction conditioning deliberations upon individual juror disagreement better promotes compromises on the merits while reducing …
Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer
Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer
University of Michigan Journal of Law Reform
This Note advocates that federal courts review state criminal convictions in habeas corpus proceedings when lesser included offense instructions are available under state law but were not given. Part I demonstrates that granting such review conforms to the modern jurisdictional scope of federal collateral review because failure to give the instructions undermines the fact-finding function of juries and is therefore unconstitutional. Part II analyzes the proper standard of review and determines that the federal interest in protecting the reliability of the fact-finding process should prevail over any conflicting state interest in refusing to give lesser included offense instructions. Part II …
The Politics Of Judicial Reform, Michigan Law Review
The Politics Of Judicial Reform, Michigan Law Review
Michigan Law Review
A Review of The Politics of Judicial Reform edited by Philip L. Dubois
American Court Management: Theories And Practices, Michigan Law Review
American Court Management: Theories And Practices, Michigan Law Review
Michigan Law Review
A Review of American Court Management: Theories and Practices by David J. Saari
Judicial Reform: Setting The Prairies Afire, Monroe G. Mckay
Judicial Reform: Setting The Prairies Afire, Monroe G. Mckay
Michigan Law Review
A Review of A Blueprint for Judicial Reform edited by Patrick B. McGuigan and Randall R. Rader
Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller
Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller
Michigan Law Review
A Review of The Passive Judiciary by Abraham S. Goldstein
Justice O'Connor: A First Term Appraisal, Robert E. Riggs
Justice O'Connor: A First Term Appraisal, Robert E. Riggs
BYU Law Review
No abstract provided.
The Meaning Of Judicial Self-Restraint, Richard A. Posner
The Meaning Of Judicial Self-Restraint, Richard A. Posner
Indiana Law Journal
No abstract provided.
Honoring Judge Tuttle's Vision Of The Law, Alfred C. Aman
Honoring Judge Tuttle's Vision Of The Law, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador
An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador
University of Michigan Journal of Law Reform
The recent litigation explosion presents a two-pronged dilemma for American appellate courts. If, on the one hand, the number of appellate judges is not expanded to keep abreast of growing case loads, there is a risk that courts will rely too heavily on professional staff, thereby watering down the decision-making process. If, on the other hand, the number of judges is proportionately increased with the growth in appellate litigation, the number of three-judge decisional units will also increase, thereby threatening predictability and uniformity in the law of the jurisdiction. This Article undertakes to explain that dilemma and to offer a …
Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper
Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper
University of Michigan Journal of Law Reform
The purpose of this Article is to explore these issues in light of Sacramento's experience with the expedited appeal procedure. The data presented here are drawn from an evaluation of the first twelve months of the procedure's operation. This evaluation was based on court records of the more than one hundred cases that followed the expedited procedure to completion, in-person interviews with members of the court and court staff, and telephone interviews with participating attorneys. Part I briefly sets out the new procedure and the context in which this procedure was introduced and integrated. Part II discusses the conclusions that …
Judge Miner To Be Honored (Register Star), Register Star
Judge Miner To Be Honored (Register Star), Register Star
News Articles
No abstract provided.
Law Clerks And The Judicial Process: Perceptions Of The Qualities And Functions Of Law Clerks In American Courts, Michigan Law Review
Law Clerks And The Judicial Process: Perceptions Of The Qualities And Functions Of Law Clerks In American Courts, Michigan Law Review
Michigan Law Review
A Review of Law Clerks and the Judicial Process: Perceptions of the Qualities and Functions of Law Clerks in American Courts by John B. Oakley and Robert S. Thompson
Judicial Reform And The Pound Conference Of 1976, J. Clifford Wallace
Judicial Reform And The Pound Conference Of 1976, J. Clifford Wallace
Michigan Law Review
A Review of The Pound Conference: Perspectives on Justice in the Future edited by A. Leo Levin and Russell R. Wheeler
American Trial Judges, Michigan Law Review
American Trial Judges, Michigan Law Review
Michigan Law Review
A Review of American Trial Judges by John Paul Ryan, Allan Ashman, Bruce D. Sales, and Sandra Shane-DuBow
Caseload Explosion: The Appellate Response, 16 J. Marshall L. Rev. 1 (1982), Richard Henry Mills
Caseload Explosion: The Appellate Response, 16 J. Marshall L. Rev. 1 (1982), Richard Henry Mills
UIC Law Review
No abstract provided.
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Faculty Scholarship
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …
United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley
United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley
Scholarly Works
The term jurisdiction may be defined as the authority to affect legal interests -- to prescribe rules of law (legislative jurisdiction), to adjudicate legal questions (judicial jurisdiction) and to enforce judgments the judiciary made (enforcement jurisdiction). The definition, nature and scope of jurisdiction vary depending on the context in which it is to be applied. United States domestic law, for example, defines and applies notions of jurisdiction pursuant to the United States constitutional provisions relating to the separation of powers. Within the United States, jurisdiction is defined and applied in a variegated fashion depending on whether a legal problem is …
More Judgeships -But Not All At Once, Abner J. Mikva
More Judgeships -But Not All At Once, Abner J. Mikva
Washington and Lee Law Review
No abstract provided.
The Attraction And Selection Of Good District Court Judges, Lawrence E. Walsh
The Attraction And Selection Of Good District Court Judges, Lawrence E. Walsh
Washington and Lee Law Review
No abstract provided.