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Articles by Maurer Faculty

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Articles 91 - 120 of 261

Full-Text Articles in Courts

Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann Jan 2000

Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson Jan 1998

The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson

Articles by Maurer Faculty

In our judicial structure, both courts of general jurisdiction and specialized courts are empowered to adjudicate federal income tax controversies. A proper relationship among those courts has proved difficult to forge and maintain. Absent an enduring intellectual and political consensus, institutional arrangements have been subject to recurring question and challenge.


Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown Jan 1998

Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Ultra Vires And The Foundations Of Judicial Review, Paul Craig Jan 1998

Ultra Vires And The Foundations Of Judicial Review, Paul Craig

Articles by Maurer Faculty

No abstract provided.


The Independence Of The Judicial Branch In The New Republic, Charles G. Geyh, Emily Field Van Tassel Jan 1998

The Independence Of The Judicial Branch In The New Republic, Charles G. Geyh, Emily Field Van Tassel

Articles by Maurer Faculty

No abstract provided.


Judicial Reliance On Regulatory Interpretations In Sec No-Action Letters: Current Problems And A Proposed Framework, Donna M. Nagy Jan 1998

Judicial Reliance On Regulatory Interpretations In Sec No-Action Letters: Current Problems And A Proposed Framework, Donna M. Nagy

Articles by Maurer Faculty

Judicial descriptions of SEC no-action letters have run the gamut from law, to orders, to rulings, to informal opinions, to prosecutorial decisions. This judicial failure to characterize no-action letters consistently is symptomatic of a more fundamental problem: many courts treat informal regulatory interpretations in no-action letters as interchangeable with formal and official regulatory interpretations that the full Commission has promulgated. Consequently, courts often defer automatically to the regulatory interpretations in no-action letters. In other words, many courts accept no-action letter authority as definitive interpretations of the federal securities statutes and SEC rules and regulations without independently analyzing the particular regulatory …


Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle Jan 1997

Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley Jan 1997

The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Elbert Parr Tuttle, Alfred C. Aman Jan 1996

Elbert Parr Tuttle, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann Jan 1996

Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Bankruptcy In The Seventh Circuit: 1995, Douglass Boshkoff Jan 1996

Bankruptcy In The Seventh Circuit: 1995, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen Jan 1995

Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen

Articles by Maurer Faculty

No abstract provided.


Bankruptcy In The Seventh Circuit: 1994, Douglass Boshkoff Jan 1995

Bankruptcy In The Seventh Circuit: 1994, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Fractured Procedure: The Civil Justice Reform Act Of 1990, Lauren K. Robel Jan 1994

Fractured Procedure: The Civil Justice Reform Act Of 1990, Lauren K. Robel

Articles by Maurer Faculty

Federal district courts have viewed the Civil Justice Reform Act of 1990 as a mandate to adopt procedural rules inconsistent with existing law. But in this article, Professor Robel argues that the Act neither compels nor authorizes such local deviations. Citing examples from reforms underway in district courts nationwide, Professor Robel contends that courts' assertions of broad rulemaking authority rest on a misreading of the Act and of the compromise between Congress and the judiciary that led to its passage. Professor Robel cautions that the goal of national uniformity underlying the Federal Rules of Civil Procedure should not be compromised …


Legality, Standing And Substantive Review In Community Law, Paul Craig Jan 1994

Legality, Standing And Substantive Review In Community Law, Paul Craig

Articles by Maurer Faculty

No abstract provided.


Conspiracy, Literalism, And Ennui At The Supreme Court: An Examination Of Bankruptcy Cases Decided From 1990- To 1993, Bruce A. Markell Jan 1994

Conspiracy, Literalism, And Ennui At The Supreme Court: An Examination Of Bankruptcy Cases Decided From 1990- To 1993, Bruce A. Markell

Articles by Maurer Faculty

No abstract provided.


The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley Jan 1994

The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Bankruptcy In The Seventh Circuit: 1993, Douglass Boshkoff Jan 1994

Bankruptcy In The Seventh Circuit: 1993, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


How To Save The National Priorities List From The D.C. Circuit -- And Itself, John S. Applegate Jan 1994

How To Save The National Priorities List From The D.C. Circuit -- And Itself, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


Bankruptcy In The Seventh Circuit: 1992, Douglass Boshkoff Jan 1993

Bankruptcy In The Seventh Circuit: 1992, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Recent Employment Law Decisions Of The Seventh Circuit And The Indiana Courts, Terry A. Bethel Jan 1993

Recent Employment Law Decisions Of The Seventh Circuit And The Indiana Courts, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.


Grass Roots Procedure: Local Advisory Groups And The Civil Justice Reform Act Of 1990, Lauren K. Robel Jan 1993

Grass Roots Procedure: Local Advisory Groups And The Civil Justice Reform Act Of 1990, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis Jan 1992

Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis

Articles by Maurer Faculty

In Malta v. Schulmerich Carillons Inc. a divided panel of the Federal Circuit affirmed a JNOV granted on a jury verdict of infringement under the doctrine of equivalents. In so doing, the panel majority confirmed the applicability of guidelines from previous cases for determining the threshold level of evidence necessary to get the equivalents issue to the jury. This paper argues that despite powerful criticism from the dissent, the common sense guidelines articulated in theMalta majority opinion are not only necessary, but are appropriate. Indeed, the paper argues that the Malta guidelines are fundamental to the equivalents analysis, and …


Court Reform: A View From The Bottom, Julia C. Lamber, Mary Lee Luskin Jan 1992

Court Reform: A View From The Bottom, Julia C. Lamber, Mary Lee Luskin

Articles by Maurer Faculty

No abstract provided.


Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann Jan 1992

Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford Jan 1992

Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.


Bankruptcy In The Seventh Circuit: 1991, Douglass Boshkoff Jan 1992

Bankruptcy In The Seventh Circuit: 1991, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Selecting Impartial Juries: Must Ignorance Be A Virtue In Our Search For Justice -- Welcome And Statement Of The Issue, Fred H. Cate, Newton N. Minow Jan 1991

Selecting Impartial Juries: Must Ignorance Be A Virtue In Our Search For Justice -- Welcome And Statement Of The Issue, Fred H. Cate, Newton N. Minow

Articles by Maurer Faculty

No abstract provided.


Law Reform By Courts, Legislatures, And Commissions Following Empirical Research On Jury Instructions, J. Alexander Tanford Jan 1991

Law Reform By Courts, Legislatures, And Commissions Following Empirical Research On Jury Instructions, J. Alexander Tanford

Articles by Maurer Faculty

Empirical research demonstrates that jurors have difficulty understanding and following traditional instructions about the law. The social science literature recommends several procedural reforms, including giving important instructions at the start of the trial and providing jurors with written instructions. This article examines changes in the law following the publication of this social science research, comparing courts, legislatures and rule-making commissions. Analysis reveals that although all three institutions are dominated by lawyers, they have acted differently. Commissions have made substantial changes in the law consistent with the recommendations of social scientists, legislatures have made few changes, and courts have changed case …


Bankruptcy In The Seventh Circuit: 1989-1990, Douglass Boshkoff Jan 1991

Bankruptcy In The Seventh Circuit: 1989-1990, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.