Open Access. Powered by Scholars. Published by Universities.®

Courts Commons

Open Access. Powered by Scholars. Published by Universities.®

1991

Discipline
Institution
Keyword
Publication
Publication Type

Articles 121 - 150 of 202

Full-Text Articles in Courts

Crime And Punishment In The Federal Courts, Roger J. Miner '56 Jan 1991

Crime And Punishment In The Federal Courts, Roger J. Miner '56

Criminal Law

No abstract provided.


New York Law School — Final Examinations, Roger J. Miner '56 Jan 1991

New York Law School — Final Examinations, Roger J. Miner '56

New York Law School Events and Publications

No abstract provided.


Review Of Cardozo: A Study In Reputation, By R. Posner, Richard D. Friedman Jan 1991

Review Of Cardozo: A Study In Reputation, By R. Posner, Richard D. Friedman

Reviews

Judge Richard Posner has written a genial book about one of our greatest judicial icons, Benjamin N. Cardozo.1 He seeks not only to assess the merits of Cardozo's writings, both on and off the bench, but also to measure, and determine the causes of, Cardozo's reputation. The book is an outgrowth of a lecture series,2 and it reveals its origins in at least two ways. First, the book attempts to reach a mixed audience, composed of both lawyers and laypeople, and in this aspect it is very successful. Nonlawyers, I believe, will have little difficulty following Judge Posner's essential arguments, …


Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael L. Wells Jan 1991

Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael L. Wells

Scholarly Works

No doubt some reform of the federal courts is essential if they are to cope with the proliferation of litigation over the past thirty years and the resulting "congestion, delay, expense, and expansion" in the federal courts. While the problem may not amount to an "impending crisis", the burgeoning caseload surely poses a threat, at least in the long run, to the ability of the federal courts to function effectively. The hard question is not whether something should be done, but what to do about it. There is no shortage of interesting ideas. Some of the ideas that clamor for …


To Tell What We Know Or Wait For Godot?, Phoebe C. Ellsworth Jan 1991

To Tell What We Know Or Wait For Godot?, Phoebe C. Ellsworth

Articles

Professor Elliott raises two questions about the American Psychological Association's practice of submitting amicus briefs to the courts. First, are our data sufficiently valid, consistent, and generalizable to be applicable to the real world issues? Second, are amicus briefs adequate to communicate scientific findings? The first of these is not a general question, but must be addressed anew each time the Association considers a new issue. An evaluation of the quality and sufficiency of scientific knowledge about racial discrimination, for example, tells us nothing at all about the quality and sufficiency of scientific knowledge about sexual abuse. "Are the data …


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.


Principled Decision Making And The Proper Role Of Federal Appellate Courts: The Mixed Questions Conflict, Evan Tsen Lee Jan 1991

Principled Decision Making And The Proper Role Of Federal Appellate Courts: The Mixed Questions Conflict, Evan Tsen Lee

Faculty Scholarship

No abstract provided.


Getting There: A Brief History Of The Politics Of Supreme Court Appointments, Calvin R. Massey Jan 1991

Getting There: A Brief History Of The Politics Of Supreme Court Appointments, Calvin R. Massey

Faculty Scholarship

No abstract provided.


Power Not Reason: Justice Marshall's Valedictory And The Fourth Amendment In The Supreme Court's 1990 Term , Bruce A. Green Jan 1991

Power Not Reason: Justice Marshall's Valedictory And The Fourth Amendment In The Supreme Court's 1990 Term , Bruce A. Green

Faculty Scholarship

In its 1990 Term, the United States Supreme Court heard five cases involving the Fourth Amendment. In this article, Professor Bruce Green analyzes these five search-and-seizure decisions in light of Justice Marshall's criticism that '[Plower, not reason, is the new currency of this Court's decision-making." He examines the various considerations the Court advances in its Fourth Amendment analysis-interpretive principle, policy, and precedent--and discovers inconsistencies in the importance assigned to each of these considerations in a series of cases decided very close together by virtually the same Justices. Each approach controlled, Professor Green argues, only when it could be said to …


Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve Jan 1991

Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve

Indiana Law Journal

No abstract provided.


The International Court Of Justice And Administrative Tribunals Of International Organizations, Joanna Gomula Jan 1991

The International Court Of Justice And Administrative Tribunals Of International Organizations, Joanna Gomula

Michigan Journal of International Law

This paper will explore the origins of the Court's unusual system of review and underscore some of its problems. Surprisingly, this issue has not been adequately expounded, although occasionally different authors have discussed particular problems, such as the participation of individuals in proceedings before the Court.


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.


Recent Supreme Court Employment Law Decisions, 1990-91, Terry A. Bethel Jan 1991

Recent Supreme Court Employment Law Decisions, 1990-91, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.


Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow Jan 1991

Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow

Articles by Maurer Faculty

No abstract provided.


City And Town Courts: Mapping Their Dimensions, Julia C. Lamber, Mary Lee Luskin Jan 1991

City And Town Courts: Mapping Their Dimensions, Julia C. Lamber, Mary Lee Luskin

Indiana Law Journal

No abstract provided.


Religious Purpose, Inerrancy, And The Establishment Clause, Daniel O. Conkle Jan 1991

Religious Purpose, Inerrancy, And The Establishment Clause, Daniel O. Conkle

Indiana Law Journal

No abstract provided.


Introduction, Howard Glickstein, Leon D. Lazer Jan 1991

Introduction, Howard Glickstein, Leon D. Lazer

Touro Law Review

No abstract provided.


Affirmative Action, Douglas Scherer, John Dunne Jan 1991

Affirmative Action, Douglas Scherer, John Dunne

Touro Law Review

No abstract provided.


Right-To-Die, Bruce Morton Jan 1991

Right-To-Die, Bruce Morton

Touro Law Review

No abstract provided.


Civil Rights Clause Jan 1991

Civil Rights Clause

Touro Law Review

No abstract provided.


Confrontation Clause Jan 1991

Confrontation Clause

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1991

Double Jeopardy

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1991

Double Jeopardy

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.