Courts Commons^™

Constitutional Law - Civil Rights Action - Federal Court Review Of State Statutes - Abstention, David C. Levenreich

Duquesne Law Review

The United States Supreme Court has held that federal courts must abstain from intervention into pending state proceedings under the Younger doctrine when the federal plaintiff has an available state court opportunity to raise his federal constitutional claim.

Moore v. Sims, 99 S. Ct. 2371 (1979)

Volume 47

Tennessee Law Review

No abstract provided.

5. Social Inquiry: Instructional Manual To Accompany 'Mark', Matthew Lipman, Ann Margaret Sharp

Secondary School Curriculum

The task of social studies as a discipline is to focus students’ already developed thinking skills upon the conceptual foundation of the social sciences. Students will think about these underlying concepts if they can talk about them, and they will talk about what they perceive as controversial or problematic. This, then, is what Mark and Social Inquiry aim to do: to identify selected root issues in the social sciences and expose to students the conflicting concepts at the heart of each issue.

4. Mark (Novel), Matthew Lipman

Secondary School Curriculum

The high school has been vandalized, and Mark is arrested at the scene of the crime. He claims he is a “victim of society.” But what is society? What forces hold it together or work to pull it apart? These are questions to which Mark and his classmates address themselves. What they seek are ways of evaluating social institutions, rules and values, so as to determine how well society is able to live up to the ideals which, at one time or another, have been set for it. They pay particular attention to the nature of law and crime, tradition, …

The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein

Villanova Law Review (1956 - )

No abstract provided.

The Applicability Of Rule 23(E) To Precertification Proceedings: The Functional Approach Applied, Kevin Silverang

Villanova Law Review (1956 - )

No abstract provided.

Federal Practice And Procedure - Comment - Appealability And Finality In The Third Circuit - Is The United States Supreme Court More Appealing Than The Third Circuit, Gary A. Rome

Villanova Law Review (1956 - )

No abstract provided.

Eulogy For Murray I. Gurfein, Irving R. Kaufman

Cardozo Law Review

No abstract provided.

Minority Preferences In Law School Admissions, Terrance Sandalow

Book Chapters

In addressing the subject of "reverse discrimination," I want to caution at the outset against permitting the use of the word "discrimination" to prejudice consideration of the subject. "Discrimination" has, in recent years, become a bad word. It tends to be used as a shorthand for "unjustifiably unequal treatment." In its original and still proper meaning, however, the word is quite neutral. Discrimination merely means differentiation. It comes from a Latin word that means "to distinguish." Accordingly, when we discriminate-i.e., when we differentiate or distinguish-among people, the propriety of our action depends upon the reasons that we have acted as …

Questioning Intervention Of Right -- Toward A New Methodology Of Decisionmaking, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Racketeers, Congress, And The Courts: An Analysis Of Rico, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Juror Self-Disclosure In The Voir Dire: A Social Science Analysis, David Suggs, Bruce D. Sales

Indiana Law Journal

No abstract provided.

Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley

Scholarly Works

In 1878 Cardaillac defined extradition as “the right for a State on the territory of which an accused or convicted person has take refuge, to deliver him up to another State wich has requisitioned his return and is competent to judge and punish him.” The term “extradition” was imported to the United States from France, where the decret-loi of Febraury 19, 1791, appears to be the first official document to have used the term. The term is not found in treaties or conventions until 1828. The Latin equivalent to extradition, “tradere”, is not found in early Latin works, but the …

The Brethren-Woodward & Armstrong, James E. Bond

Faculty Articles

James E. Bond reviews Woodward & Armstrong’s The Brethren.

United States Of America V. Herman Raddatz, Preview Of United States Supreme Court Cases, Leroy Pernell

Journal Publications

No abstract provided.

The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk

Cleveland State Law Review

The American judicial system must necessarily rely on a steady flow of dispositions of cases by settlement lest it collapse because of a demand for trials beyond the ability of the courts to try cases. Settlements are achieved through a variety of procedures and techniques, yet many cases result in trials because of the uncertainty about prospective juror perceptions that pervades settlement discussions. Summary trial helps to eliminate this element of uncertainty and, at the same time, provides an additional basis for settlement of cases otherwise committed to trial. This is not to suggest that trial is to be avoided …

The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy

Cleveland State Law Review

Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.

The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk

Cleveland State Law Review

The American judicial system must necessarily rely on a steady flow of dispositions of cases by settlement lest it collapse because of a demand for trials beyond the ability of the courts to try cases. Settlements are achieved through a variety of procedures and techniques, yet many cases result in trials because of the uncertainty about prospective juror perceptions that pervades settlement discussions. Summary trial helps to eliminate this element of uncertainty and, at the same time, provides an additional basis for settlement of cases otherwise committed to trial. This is not to suggest that trial is to be avoided …

A Modest Replication To A Lengthy Discourse, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

The Burger Court And "Our Federalism", Henry Paul Monaghan

Faculty Scholarship

Dicey derided federal government as "weak government;" others have found genius lurking in its institutional arrangements. But most students, as Professor S. R. Davis's illuminating little book makes clear, have considerable difficulty in identifying what federal government is, whether the concept is approached analytically, legally, descriptively or normatively. American lawyers are not inclined to pursue such inquiries too far. For, like Justice Black, they are concerned only with "Our Federalism" and, like Justice Stewart and obscenity, they know it when they see it. Moreover, American lawyers have, in large measure, confined their attention to one specific component of "Our Federalism;" …

The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy

Cleveland State Law Review

Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.

Voir Dire In Kentucky: An Empirical Study Of Voir Dire In Kentucky Circuit Courts, William H. Fortune

Kentucky Law Journal

No abstract provided.

Is There Life For Erie After The Death Of Diversity?, Peter Westen, Jeffrey S. Lehman

Cornell Law Faculty Publications

No abstract provided.

Rhetorical Styles On The Fuller Court, Walter F. Pratt

Journal Articles

"Formalism" is the label regularly used to describe judicial opinions of the late nineteenth century. The label is descriptive when used in contradistinction to "instrumentalism." Use of the label, however, has certain drawbacks. For example, there is little objective or empirical evidence to support the application of the two antithetical terms. In addition, a single term cannot reflect whatever diversity of styles may exist among the judges of a single court. This article describes the results of an attempt to rectify those two drawbacks and to determine whether the Justices of the Supreme Court at the turn of the century—while …

Ceremony And Realism: Demise Of Appellate Procedure, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Special Litigation Committees - An Expanding And Potent Threat To Shareholder Derivative Suits, Robert P. Mulvey

Cardozo Law Review

No abstract provided.