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Articles 1171 - 1200 of 1209
Full-Text Articles in Courts
Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton
Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton
Touro Law Review
No abstract provided.
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker
The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker
Articles & Book Chapters
The author reviews the historical development of the decision-making frameworks within which courts and the Legislature have made choices regarding the allocation of risks to health and safety in the workplace. Arguing that this development has been conditioned by the necessity of satisfying in a capitalist democracy conflicting demands to facilitate capital accumulation and to justify to the electorate the manner in which choices regarding the structure of the processes of production have been made, the author contends that recent pressure to adopt cost-benefit analysis to satisfy the demands of legitimation and accumulation, and challenges its adequacy as a normative …
Cameras In The Courts: Can We Trust The Research?, Dan Slater, Valerie P. Hans
Cameras In The Courts: Can We Trust The Research?, Dan Slater, Valerie P. Hans
Cornell Law Faculty Publications
In several recent court cases, television viewers throughout the nation were able to see excerpts of actual trial testimony on network newscasts. These opportunities for camera coverage have come about as a result of the U.S. Supreme Court's 1981 decision in Chandler v. Florida. In that case the Court ruled that each state was free to determine whether to permit "extended media coverage," including camera coverage, in its courts, and to set appropriate guidelines for such coverage. Before adopting permanent rules for camera coverage, most states have conducted one year tests — which they have called "experiments" — during …
How Consumer Remedies Fail, Bryant G. Garth
How Consumer Remedies Fail, Bryant G. Garth
Michigan Law Review
A Review of No Access to Law: Alternatives to the American Judicial System edited by Laura Nader
Methodological Issues In The Evaluation Of "Experiments" With Cameras In The Courts, Dan Slater, Valerie P. Hans
Methodological Issues In The Evaluation Of "Experiments" With Cameras In The Courts, Dan Slater, Valerie P. Hans
Cornell Law Faculty Publications
Evaluations of "experiments" of extended media coverage of the courts, i.e., cameras in the courts, have relied upon survey research. The authors argue that such evaluations have been inadequate and future evaluations need to compare conventional media coverage vs. extended media coverage using field experimental research designs.
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 …
Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts
Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts
Scholarly Articles in Law Reviews & Journals
No abstract provided.
A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards
A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards
Michigan Law Review
At the recent Inaugural Lecture of the University of Windsor's Distinguished Scholars Program on Access to Justice, my former law teaching colleague, Professor Joseph Vining, delivered a speech entitled Justice, Bureaucracy, and Legal Method. Because, in my view, Professor Vining's address raised some disturbing questions, and some seriously misguided suggestions, about the growth of bureaucracy in the courts and the delivery of justice, I believe that a response is appropriate.
Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert
Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert
Michigan Law Review
When a fundamental constitutional right is at issue, it is admittedly difficult for the Court to treat the lower courts as laboratories. But if the constitutional right turns on empirical questions, it is better to wait for knowledge than to rush toward a judgment that may later be shown to have vitiated an important right across all circuits. If the Court feels compelled to resolve the conflict, the better decision - if empirical issues are seen as central - is to sustain the right to jury trial regardless of complexity. Sustaining that right will allow courts and researchers to collect …
From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis
From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis
Michigan Law Review
A Review of The Best-Laid Plans: America's Juvenile Court Experiment by Ellen Ryerson
Litigation And Mediation In Thailand, Sally Falk Moore
Litigation And Mediation In Thailand, Sally Falk Moore
Michigan Law Review
A Review of Code and Custom in a Thai Provincial Court by David M. Engel
Justice On The Tennessee Frontier: The Williamson County Circuit Court 1810-1820, Cornelia A. Clark
Justice On The Tennessee Frontier: The Williamson County Circuit Court 1810-1820, Cornelia A. Clark
Vanderbilt Law Review
This Note examines the history of one early nineteenth-century circuit court and the caliber of its bench and bar. To analyze the workings of that court, this Note applies the analytical framework adopted by Friedman, Blume, and other historians to the raw data provided by a study of the Williamson County Circuit Court records. In each of several substantive areas for which the court's records provide information, the Note first considers Friedman's generalizations about nineteenth-century law and then interprets the Williamson County data in the light of those generalizations and the results of other case studies. This Note proceeds on …
Comment: Race, Property Rights, And The Economic Consequences Of Reconstruction, Robert B. Jones
Comment: Race, Property Rights, And The Economic Consequences Of Reconstruction, Robert B. Jones
Vanderbilt Law Review
Professors Haws and Namorato are to be praised for their pioneer work in studying the operation of a county court system in the Reconstruction era. They break new historical ground in this effort that has the potential for greatly contributing to the study of the legal history of the South. More scholars must engage in this endeavor if the field of legal history is to reach its full maturity. While their efforts are to be complimented it must be pointed out, however, that they generally fail to make their case in this Article. They do not show a significant link …
The Evolution Of State Supreme Courts, Robert A. Kagan, Bliss Cartwright, Lawrence M. Friedman, Stanton Wheeler
The Evolution Of State Supreme Courts, Robert A. Kagan, Bliss Cartwright, Lawrence M. Friedman, Stanton Wheeler
Michigan Law Review
Part I of this Article describes in broad quantitative terms the changing relationship between the caseload of supreme courts and the population of the states in which these courts sit. Part II examines the various means states used to control supreme court caseloads, the political problems involved, and the types of courts that have resulted. Part III presents evidence that changes in court organization in response to caseload pressure are accompanied by changes in the kinds of cases state supreme courts hear, the style of their opinions, and the results of the cases.
Crisis In The Courts: Proposals For Change, Griffin B. Bell
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 …
Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers
Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers
Articles
Suppose that by some mysterious process the police in your town received each Monday a list of all the robberies and burglaries committed during the preceding week and the names of the persons who committed them. Suppose further that the list itself was admissible in evidence at trial and generally led to conviction. And suppose finally that persons considering committing offenses knew that the police had such a list and used it, relentlessly tracking down the miscreants named on it. Under such circumstances, one would probably expect that many potential offenders in the town with the magical list would resist …
Public Participation In The Adoption Of Interpretive Rules And Policy Statements, Michael Asimow
Public Participation In The Adoption Of Interpretive Rules And Policy Statements, Michael Asimow
Michigan Law Review
Section I of this article surveys the practices of a selected group of federal agencies in the adoption of interpretive rules and policy statements. It emphasizes the importance of these rules both to members of the public and to the administrative process. Section II analyzes the cases that have considered the AP A exemption of interpretive rules and policy statements from preadoption notice and comment procedures. These cases are in disarray for several reasons. For one thing, the bright lines traditionally assumed to distinguish interpretive rules and policy statements from legislative rules have become blurred and indistinct. Moreover, the courts …
240 Men: The Antebellum Lower Federal Judiciary, 1829-1861, Kermit L. Hall
240 Men: The Antebellum Lower Federal Judiciary, 1829-1861, Kermit L. Hall
Vanderbilt Law Review
Between 1829 and 1861 antebellum presidents nominated 200 judges to the federal lower courts. Earlier administrations had appointed another forty jurists who held their positions during part or all of the era. Of these judges, 108 served in the federal district courts, 126 in the territorial courts, five in the Court of Claims, and one in a special circuit court established in 1855 for the northern district of California. The number of appointments available to an administration involved fate and the pace of territorial expansion;thus, during the first eight years of the period, Jackson nominated thirty-two judges, while in the …
Victimless Crimes: A Proposal To Free The Courts, Robert C. Boruchowitz
Victimless Crimes: A Proposal To Free The Courts, Robert C. Boruchowitz
Faculty Articles
Victimless "crimes"—acts that are presently outside the law but which have no readily identifiable victim—account for almost half of the cases handled by United States courts. They include behavior which may reflect illness and which requires medical and therapeutic attention (such as drunkenness), as well as behavior condemned as varying from moral or social standards and leading to harmful behavior (such as vagrancy and curfew violations). If the burden of regulating this type of behavior were removed from the criminal justice system, perhaps one half of the courts' current case load could be eliminated. Furthermore, persons caught in deviant conduct …
Georgia Investment Company V. Norman: The Supreme Court Creates A New Form Of Class Action For Georgia, Howard Hunter
Georgia Investment Company V. Norman: The Supreme Court Creates A New Form Of Class Action For Georgia, Howard Hunter
Research Collection Yong Pung How School Of Law
The recent decision of the Georgia Supreme Court in Georgia Investment Co. v. Norman has raised a number of interesting and difficult questions about the maintenance of class actions in the Georgia courts. The Norman decision could have serious ramifications for courts, lawyers and litigants in Georgia, and if its rationale should find acceptance in other jurisdictions the effects could be much broader in scope. The class action device can be an efficient and relatively inexpensive method for the adjudication of similar claims of a large number of persons in one proceeding. At its best, the class suit can work …
Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones
Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones
Scholarly Works
For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …
Plea Bargaining: A Model Court Rule, Kenneth A. Kraus
Plea Bargaining: A Model Court Rule, Kenneth A. Kraus
University of Michigan Journal of Law Reform
It is not the purpose of this note to discuss the justification for the plea bargaining process, for it is clear that this system will of necessity be continued in the foreseeable future. Instead, this analysis is designed first to present the functional role, constitutional status and existing abuses in the plea bargaining process, and then to discuss the goals and the proposed standards relevant to reform of the present plea bargaining procedures. The culmination of this analysis is the proposed Model Court Rule for Plea Agreements in part III.
Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review
Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review
Michigan Law Review
It is extremely difficult to obtain precise information concerning the prevalence of this practice. There is only one reported case on the subject, and empirical evidence is almost wholly lacking because of the wide discretion granted sentencing courts in imposing probation conditions, and because of the reluctance of appellate courts to review the exercise of that discretion. However, courts have frequently imposed costs on nonindigent probationers, and in many jurisdictions the statutes which authorize such a probation condition with respect to solvent probationers seem broad enough to include indigents as well. Moreover, two recent studies have unearthed specific data which …
Lay Advocacy And "Legal Services To Youth": Summaries On The Use Of Para-Legal Aides, Henry Mcgee
Lay Advocacy And "Legal Services To Youth": Summaries On The Use Of Para-Legal Aides, Henry Mcgee
Faculty Articles
This article discusses the incredibly effective use of legal assistants in the project implemented to assist poor urban youth with legal issues—Legal Services to Youth sponsored by the University of Chicago Law School's Center for Studies in Criminal Justice, under a Ford Foundation grant, was directed to a specialized consumer group, boys under 17 and girls under 18, the jurisdictional age ceiling in the Cook County, Illinois Juvenile Court. Legal assistants were recruited in the area served, and an attempt was made to locate persons who were by background and experience likely to be sympathetic to youth "in trouble." The …
Notes For Law Day Speech, Lewis F. Powell Jr.
Notes For Law Day Speech, Lewis F. Powell Jr.
Powell Speeches
Speech delivered at Richmond Kiwanis Club, Richmond, Virginia.
The Courts, The Public And The Law Explosion.Harry W. Jones, Ed.
The Courts, The Public And The Law Explosion.Harry W. Jones, Ed.
Washington and Lee Law Review
No abstract provided.
The Courts, The Public, And The Law Explosion. Harry W. Jones (Ed.), David R. Kochery
The Courts, The Public, And The Law Explosion. Harry W. Jones (Ed.), David R. Kochery
Buffalo Law Review
No abstract provided.
Civil Justice And The Jury. By Charles W. Joiner., William B. Lawless
Civil Justice And The Jury. By Charles W. Joiner., William B. Lawless
Buffalo Law Review
No abstract provided.
Judicial Standards For The Protection Of Basic Freedoms, Jacob D. Hyman
Judicial Standards For The Protection Of Basic Freedoms, Jacob D. Hyman
Buffalo Law Review
No abstract provided.