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Articles 391 - 402 of 402
Full-Text Articles in Courts
Dam Federal Jurisdiction!, Thomas E. Baker
Dam Federal Jurisdiction!, Thomas E. Baker
Faculty Publications
From the outset, the reader should be familiar with our script. Our threefold purpose in writing this essay is to be at once descriptive, evaluative, and prescriptive. We shall describe briefly the decisions of the United States Supreme Court during the 1981 Term in the broad field of federal jurisdiction, and shall compare and contrast those decisions with the past decisions of the United States Court of Appeals for the Eleventh Circuit.
Constitutional Criminal Procedure, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Faculty Publications
No abstract provided.
Ancillary Relief In Federal Securities Law: A Study In Federal Remedies, George W. Dent
Ancillary Relief In Federal Securities Law: A Study In Federal Remedies, George W. Dent
Faculty Publications
After describing the history and current practice of ancillary relief in federal securities law, this Article analyzes the general law of federal remedies and ancillary relief, including ancillary relief in other areas of administrative law, recent developments in federal equity, statutory interpretation, and federal common law, and implied statutory remedies. The Article then examines pertinent aspects of the federal securities laws, including their legislative history and recent judicial interpretations. On this basis the Article recommends both a general approach to ancillary relief in federal securities law and responses to problems of specific remedies. Finally, the Article discusses ancillary relief under …
A Postscript On Precedent In The Divided Fifth Circuit, Thomas E. Baker
A Postscript On Precedent In The Divided Fifth Circuit, Thomas E. Baker
Faculty Publications
Professor Baker analyzes the three courts that resulted from the split of the United States Court of Appeals for the Fifth Circuit in 1981 and how each court treats precedent.
Constitutional Criminal Procedure, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Faculty Publications
This article discusses decisions of the new Eleventh Circuit and also decisions of the former Fifth Circuit, some of which are binding precedents for the new court. By way of introduction, the title Constitutional Criminal Procedure deserves amplification. Related criminal law topics not within the scope of this article include the following: the substantive law of crimes; non constitutional aspects of the Federal Rules of Evidence; non constitutional aspects of the Federal Rules of Criminal Procedure; procedural aspects of habeas corpus; sentencing; prisoners' rights; and civil rights suits alleging constitutional deprivations.
Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker
Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker
Faculty Publications
No abstract provided.
Constitutional Law, Thomas E. Baker
Constitutional Law, Thomas E. Baker
Faculty Publications
This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …
Precedent Times Three: Stare Decisis In The Divided Fifth Circuit, Thomas E. Baker
Precedent Times Three: Stare Decisis In The Divided Fifth Circuit, Thomas E. Baker
Faculty Publications
October 1, 1981, marked a milestone in the history of our federal courts. On that day the Fifth Circuit Court of Appeals Reorganization Act of 1980 (Reorganization Act) divided the" former fifth circuit" into the" new fifth circuit," composed of the District of the Canal Zone, Louisiana, Mississippi, and Texas, and the new" eleventh circuit," composed of Alabama, Florida, and Georgia.
The Role Of Appellate Court In Mandatory Sentencing Schemes, Larry I. Palmer
The Role Of Appellate Court In Mandatory Sentencing Schemes, Larry I. Palmer
Faculty Publications
No abstract provided.
Notice, Costs, And The Effect Of Judgment In Missouri's New Common-Question Class Action, William B. Fisch
Notice, Costs, And The Effect Of Judgment In Missouri's New Common-Question Class Action, William B. Fisch
Faculty Publications
On December 1, 1972, the Missouri Supreme Court greatly expanded the potential usefulness of the class action device in our state courts by adopting the most recent version of the federal class action rule.
Institute Of Contemporary Law: The California Superior Court System, Mary Emery, Nicholas Livak, Leon Panetta
Institute Of Contemporary Law: The California Superior Court System, Mary Emery, Nicholas Livak, Leon Panetta
Faculty Publications
The Institute of Contemporary Law, having recently completed an investigation and analysis of the California grand jury, now turns its efforts to the area of the superior court system in California. Hoping to correlate the work of students, lawyers and judges in this area, the following article attempts a broad review of the function and operation of the superior court in California. The history of the court, its rules and operation, its jurisdiction and its various departments are the topics covered by the discussion below. The presentation here offered is mainly expository and informational, and, it is hoped, will provide …
Appellate Court Articulation Of General Standards Of Conduct: Effective Guidance Versus Impotent Verbalism, Arthur W. Phelps
Appellate Court Articulation Of General Standards Of Conduct: Effective Guidance Versus Impotent Verbalism, Arthur W. Phelps
Faculty Publications
No abstract provided.