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Articles 121 - 150 of 202
Full-Text Articles in Courts
Freedom Of Speech And The Press
Freedom Of Speech And The Press
Freedom Of Speech And The Press
Pre-Emption Of Local Law By State Legislature
Getting There: A Brief History Of The Politics Of Supreme Court Appointments, Calvin R. Massey
Getting There: A Brief History Of The Politics Of Supreme Court Appointments, Calvin R. Massey
Faculty Scholarship
No abstract provided.
Principled Decision Making And The Proper Role Of Federal Appellate Courts: The Mixed Questions Conflict, Evan Tsen Lee
Principled Decision Making And The Proper Role Of Federal Appellate Courts: The Mixed Questions Conflict, Evan Tsen Lee
Faculty Scholarship
No abstract provided.
Specialized Courts In Administrative Law, Harold H. Bruff
Specialized Courts In Administrative Law, Harold H. Bruff
Publications
No abstract provided.
The Great Writ In Action: Empirical Light On The Federal Habeas Corpus Debate, Larry Yackle
The Great Writ In Action: Empirical Light On The Federal Habeas Corpus Debate, Larry Yackle
Faculty Scholarship
The national debate regarding federal habeas corpus for state prisoners is fueled in the main by ideology. To some, the authority of the federal courts to entertain constitutional challenges to state criminal convictions is the embodiment of all that was right about the Warren Court and the vision that Court offered of a meaningful system of American liberty, underwritten by independent federal tribunals willing and able to check the coercive power of government. By this account, the Bill of Rights is the protean source of safeguards for individual freedom - commanding generous, imaginative, and insightful elaboration by federal courts at …
Re-Imagining Childhood And Reconstructing The Legal Order: The Case For Abolishing The Juvenile Court, Janet Ainsworth
Re-Imagining Childhood And Reconstructing The Legal Order: The Case For Abolishing The Juvenile Court, Janet Ainsworth
Faculty Articles
Although the institution of the juvenile court developed rather recently in our legal system, it is now quite firmly established: every American state and nearly every industrialized nation has a juvenile court system in place. The juvenile court is not without its critics, however. In this Article, Professor Janet Ainsworth recommends its complete abolition. Professor Ainsworth contends that society's current view of the nature of adolescence no longer comports with the turn-of-the century view that originally informed the development of an autonomous juvenile court, thus undermining the ideological legitimacy of a separate court system for juveniles. In addition, Professor Ainsworth …
Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael L. Wells
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 …
An Introduction To Federal Court Rulemaking Procedure, Thomas E. Baker
An Introduction To Federal Court Rulemaking Procedure, Thomas E. Baker
Faculty Publications
Toward the end of September 1990 at a closed meeting in Washington, DC, the Judicial Conference of the United States passed on a substantial set of proposed amendments to the rules of practice and procedure of the federal courts. The new appellate rules authorized local circuit rules on electronic filing, required a jurisdictional statement in the appellant's brief and eliminated some inconsistencies in the notice rules for admiralty appeals.
The International Court Of Justice And Administrative Tribunals Of International Organizations, Joanna Gomula
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.
Book Review, Graham Hughes
Book Review, Graham Hughes
Vanderbilt Journal of Transnational Law
Decades of conflict with Soviet Russia compelled the West to come up with soothing explanations of the German Nazi past. If Germany was our gallant ally, standing fast in NATO against the menace of Communism, it somehow must be cleansed of any stain of original sin. This has been accomplished by portraying the Nazi years as a monstrous aberration--a characterization naturally fostered and promoted by the Germans themselves. Germany had struggled in the years of the Weimar Republic toward a democratic system and a just society. Under this view of things, a handful of evil maniacs, who incomprehensibly had succeeded …
A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez
A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Power Not Reason: Justice Marshall's Valedictory And The Fourth Amendment In The Supreme Court's 1990 Term , Bruce A. Green
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 …
Law Reform By Courts, Legislatures, And Commissions Following Empirical Research On Jury Instructions, J. Alexander Tanford
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 …
The Politics Of Crisis In The Federal Courts, Lauren K. Robel
The Politics Of Crisis In The Federal Courts, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Bankruptcy In The Seventh Circuit: 1989-1990, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1989-1990, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.