Courts Commons^™

Appellate Justice, Ruggero J. Aldisert

University of Michigan Journal of Law Reform

Justice on Appeal is a pithy analysis of the problem facing appellate courts. Dragon hunters Carrington, Meador, and Rosenberg were not content to look at the problem from an armchair. Instead, they walked to the mouth of the cave; pulled the troublesome dragon into the light, counted its teeth, measured its girth and tail, and decided neither to kill it nor kiss it. They decided to try taming it. I agree with their analysis of the specimen, its size, its growth, and the urgent necessity to bring the beast under control. I have some modest disagreements with some of their …

Judicial Administration And Invisible Justice, Mary Murphy Schroeder

University of Michigan Journal of Law Reform

My theme here is the conflict between the visibility of the appellate judge and recent procedural changes designed to cope with the quantum leaps in the numbers and complexity of cases. I will develop that theme, first, by suggesting the ways that three of the major controls on the system, namely the selection, evaluation, and discipline of judges, depend upon the exercise of recognizable and individual judicial responsibility; second, by illustrating how this "imperative" can be undermined if devices intended to cope with increased volume are adopted without vigilance; and finally by pointing up some approaches to permit courts to …

Justice On Appeal—One Way Or Many?, Michael E. Smith

University of Michigan Journal of Law Reform

After two centuries of our nation's existence, discussions of federalism are certain to sound familiar. The ground of argument has been worked so thoroughly, there is hardly a patch left unturned. Conventional watchwords suggest the competing interests: adaptability to local circumstances contrasted with efficiencies of scale, circumscribed experimentation contrasted with prevention of forum-shopping, local self-government contrasted with the cosmopolitan perspective. The most that can be done now, absent exceptional insight, is to display these choices in a fresh context.

What follows is yet another variation on the theme. It concerns the propriety, perhaps the desirability, of diversity among the federal …

Questioning Judicial Candidates: What Can Merit Selectors Ask?, Peter G. Fish

Faculty Scholarship

No abstract provided.

Crisis In The Courts: Proposals For Change, Griffin B. Bell

Vanderbilt Law Review

The popular conception of the crisis in the courts focuses upon the condition of the courts and particularly upon the increasing volume of disputes that are presented for resolution. For example,Judge Ruggero J. Aldisert of the Third Circuit, one of the busiest federal circuits, has observed: "The reality is that today there is a mad rush to the Federal courts." The available statistics reflect Judge Aldisert's observation. For instance, according to the most recent report of the Administrative Office of the United States Courts, record numbers of cases have been filed in the circuit and district courts during the past …

Prior Consistent Statements, Arthur H. Travers Jr.

Publications

No abstract provided.

Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks

Cornell Law Faculty Publications

The rules of evidence have evolved, in the main, to protect the jury from being misled, prejudiced or confused by certain types of evidence which might be presented to it. The rules attempt to achieve this purpose by utilizing a number of techniques, which were fashioned by common law judges. First, evidence which gives rise to these dangers might be excluded from the jury's consideration altogether. Secondly, such evidence might have to be corroborated by other evidence before the jury is permitted to reach a verdict in the case. Thirdly, the judge might be compelled to instruct the jury that …

Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Toward A Judicial Role For The Twenty-First Century, Charles L. Black, Jr.

Washington Law Review

Tonight, I am shifting to a new perspective in time. I would ask you to think of us as standing at a midpoint, just about equally distant from the decision in Brown v. Board of Education and the beginning of a new century, some twenty-three years back and forward. I remember the day the Brown case was decided; I learned of it, on a May afternoon still fragrant, from a group of Columbia law students in the drugstore-luncheonette on the corner of 116th Street and Broadway in New York. If you remember that day, or some other day in that …

The Standards' Recommendations On Dispositions: A Panel Discussion, Stanley Z. Fisher, Howard A. Levine, Fred Cohen

Faculty Scholarship

ROFESSOR STANLEY FISHER, MODERATOR: Good evening. I'd like to welcome you all here. Of all of the volumes of the Juvenile Justice Standards Project, I suppose the most controversial are those dealing with the disposition stage. They have elicited a good deal of critical comment, even though they haven't yet been published, and many of the comments and criticisms have apparently been on the basis of speculation and rumor as to what the Standards actually say. We have with us tonight to discuss these Standards two persons who have a great deal of expertise in this field. The first, on …

The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner

Villanova Law Review (1956 - )

No abstract provided.

Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller

Publications

No abstract provided.

American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins

Publications

No abstract provided.

Novack V. Schuler | Clinton V. Whalen, John T. Fitzpatrick

1976-1981 State Reporter Decisions

No abstract provided.

Application: Robert J. Connor | Garth C. Lax | Norma Bartle | Lloyd S. Riford, Jr., Roger J. Miner '56

1976-1981 State Reporter Decisions

No abstract provided.

Essays From The Bench (Introduction), Eugene A. Wright

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

American Advocacy - Foundation Of The American Dream, Thomas D. Lambros

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

Federal Trial Judge's Reflections On The Preparation For And Trial Of Civil Cases, Charles R. Richey

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

The Criminal Justice Act - 1964 To 1976, Dudley B. Bonsal

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

The Impact Of The Courts On Public Administration, David L. Bazelon

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

Judicial Law Making And Administration, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Pathways To The Top: The Political Careers Of State Supreme Court Justices, Walter A. Borowiec

North Carolina Central Law Review

No abstract provided.

Introduction: A View From The Bench, Jesse E. Eschbach

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

Must We Have The Nunn Bill? The Alternative Of Judicial Councils Of The Circuits, J. Clifford Wallace

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

The Proposed National Court Of Appeals: A Threat To Judicial Symmetry, Luther M. Swygert

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

The Seventh Circuit Plan For Publication Of Opinions-A Continuing Experiment, John S. Hastings

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

Patent Cases In The District Courts-Who Should Hear Them, Abraham Lincoln Marovitz

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

The Threat To Judicial Independence, Robert A. Sprecher

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

Diversity Jurisdiction - An Idea Whose Time Has Passed, Howard C. Bratton

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

Sentence Review By The Trial Court: A Proposal To Amend Rule 35, Charles B. Renfrew

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench