Courts Commons^™

Making Noninterpretivism Respectable: Michael J. Perry's Contributions To Constitutional Theory, Richard B. Saphire

Michigan Law Review

A Review of The Constitution, The Courts, and Human Rights: An Inquiry into the Legitimacy of Constitutional Policymaking by the Judiciary by Michael J. Perry

Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr.

Michigan Law Review

A Review of Federal Practice and Procedure, Volumes 13-19: Jurisdiction and Related Matters by Charles Alan Wright, Arthur R. Miller, and Edward H. Cooper

Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker

Michigan Law Review

A Review of The Roots of Justice by Lawrence M. Friedman and Robert V. Percival, and Conscience and Convenience by David Rothman

The Medieval English County Court, Stephen D. White

Michigan Law Review

A Review of The County Courts of Medieval England, 1150-1350 by Robert C. Palmer

A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader

Michigan Law Review

A Review of Courts--A Comparative and Political Analysis by Martin Shapiro, and Lawsuits and Litigants in Castile, 1500-1700 by Richard L. Kagan

Trade Restrictions, Federalism, And The Judiciary: Comparative Perspectives, Mackenzie Stuart

Michigan Law Review

A Review of Courts and Free Markets: Perspectives From the United States and Europe edited by Terrance Sandalow and Eric Stein

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

The Environmental Decade In Court, Michigan Law Review

Michigan Law Review

A Review of The Environmental Decade in Court by Lettie McSpadden Wenner

How Courts Govern America, Michigan Law Review

Michigan Law Review

A Review of How Courts Govern America by Richard Neely

Courts Of Appeals In The Federal Judicial System, Michigan Law Review

Michigan Law Review

A Review of Courts of Appeals in the Federal Judicial System by J. Woodford Howard, Jr.

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

Two Important Books On Res Judicata, Robert C. Casad

Michigan Law Review

A Review of Federal Practice and Procedure, Volume 18: Jurisdiction and Related Matters by Charles Alan Wright, Arthur R. Miller, and Edward H. Cooper, and Restatement of the Law Second: Judgments 2d

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

Michigan Law Review

A Review of American Trial Judges by John Paul Ryan, Allan Ashman, Bruce D. Sales, and Sandra Shane-DuBow

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

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 …

Interlocutory Appeal Of Orders Granting Or Denying Stays Of Arbitration, Michigan Law Review

Michigan Law Review

This Note attempts to resolve the conflict among the courts of appeals by examining the interests affected by orders granting and denying stays of arbitration. Part I considers the appealability of such orders under the collateral order doctrine developed by the Supreme Court in Cohen v. Beneficial Industrial Loan Corp. This doctrine permits interlocutory appeal of final orders adjudicating an important right that is collateral to the merits of the case and effectively unreviewable in a final judgment appeal. Part II considers whether orders on motions for stays of arbitration are reviewable as orders granting or refusing injunctions under …

Thoughts About Judging, Henry J. Friendly

Michigan Law Review

A Review of The Judge by Patrick Devlin

On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky

Michigan Law Review

A Review of The Politics of Justice: Lower Federal Judicial Selection and the Second Party System, 1829-1861 by Kermit L. Hall and Federal Courts in the Early Republic: Kentucky 1789-1816 by Mary K. Bonsteel Tachau

Law And Politics: The House Of Lords As A Judicial Body, 1800-1976, Michigan Law Review

Michigan Law Review

A Review of Law and Politics: The House of Lords as a Judicial Body, 1800-1976 by Robert Stevens

Judgment Non Obstantibus Datis, Reid Hastie

Michigan Law Review

A Review of Jury Trials by John Baldwin and Michael McConville

Court Examination Of The Discovery File On A Motion For Summary Judgment, Michigan Law Review

Michigan Law Review

This Note examines the history and ambiguous language of rule 56 to determine whether courts have a duty to examine the discovery file before granting a summary judgment. Section I discusses courts' differing interpretations of the rule. Section II shows that the Supreme Court Advisory Committee which drafted the rule contemplated that courts would examine routinely filed discovery materials when considering a motion for summary judgment. Section III concludes, however, that the expansion of pre-trial discovery since the enactment of the federal rules renders such a trial court duty inconsistent with the drafters' intent that the rules "be construed to …

Incorporation Of State Law Under The Federal Arbitration Act, Michigan Law Review

Michigan Law Review

This Note proposes a solution to this choice-of-law problem. Section I surveys the courts' response to Congress's silence and finds confusion and disarray. Section II argues that courts should apply the state law pertinent to arbitration unless that law places heavier burdens on arbitration contracts than on other contracts; where state law does discriminatorily burden arbitration, the courts should apply the pertinent state rules applicable to "any contract." It concludes that the "grounds . . . for the revocation of any contract," although determined as a matter of federal policy, are to be found in state law rather than in …

Personal Jurisdiction And Choice Of Law, James Martin

Michigan Law Review

The time has come for the Supreme Court to declare that a state may not apply its own law to a case unless it has the "minimum contacts" required by International Shoe for the exercise of specific personal jurisdiction over the defendant. Although the present state of the law is less than certain, the Supreme Court has not yet required that a state show it has minimum contacts with a defendant before applying its law. As a result, in some cases where a state has obtained personal jurisdiction because of a defendant's contacts unrelated to the case - contacts such …

The Role Of Ideas In Legal History, Jay M. Feinman

Michigan Law Review

A review of Patterns of American Legal Thought by G. Edward White

The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review

Michigan Law Review

A Book Notice about The Process Is the Punishment: Handling Cases in a Lower Criminal Court by Malcolm M. Feeley

Survival Of Rights Of Action After Corporate Merger, Michigan Law Review

Michigan Law Review

Once a corporation ceases to exist, most courts permit neither primary nor derivative suits to be brought in its name. If a merger precipitates that corporate demise, courts usually hold that standing to sue, like other assets of the "merged" corporation, passes to the surviving corporation. This Note ponders the merit of that rule of passage.

Section I categorizes the cases defining the rule of passage. Some courts have steadfastly adhered to the rule and denied standing to the merged corporation's shareholders. Other courts, fearing that the rule would preclude meritorious actions, have created exceptions allowing these shareholders to sue …

Limitation Borrowing In Federal Courts, Michigan Law Review

Michigan Law Review

This Note studies limitations on federal actions in light of Occidental Life. Part I discusses the reasons for limiting actions and presents a short history ·of the limitation of actions. Part II analyzes the alternatives for the federal courts when no statute of limitations applies directly. Finally, the Note suggests a solution that will achieve a result most nearly consistent with both the reasons for limiting actions and the proper role of the judiciary. It suggests, notwithstanding Occidental Life, that in some situations courts should borrow specific federal statutes of limitations and that in the remainder they should …

Toward A European System Of Appellate Courts, Hjalte Rasmussen

Michigan Law Review

A Review of European Law and the Individual by F.G. Jacobs

The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review

Michigan Law Review

A Review of The Cardinal's Court: The Impact of Thomas Wolsey in Star Chamber by John A. Guy