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Articles 181 - 202 of 202
Full-Text Articles in Courts
Jurisdiction Of The County Court
Jurisdiction Of The Supreme Court
Prohibition Against Use Of State Money For Private Undertaking
Prohibition Against Use Of State Money For Private Undertaking
Touro Law Review
No abstract provided.
Prohibition Against Use Of State Money For Private Undertaking
Prohibition Against Use Of State Money For Private Undertaking
Touro Law Review
No abstract provided.
Qualifications Of Governor And Lieutenant-Governor
Qualifications Of Governor And Lieutenant-Governor
Touro Law Review
No abstract provided.
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Dooley
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Dooley
Scholarly Works
Winford L. Stokes, Jr. and Theodore C. Harris had much in common. Both were death-row inmates in the late 1980s. Both were convicted of murder following bifurcated jury trials in which they later alleged that they had not received effective assistance of counsel as required by the federal Constitution. Both inmates sought collateral review of their convictions in federal courts. The similarities between them end there. Because Stokes had procedurally defaulted on his federal constitutional claim in state court under the law of Missouri, the federal appeals court refused to consider the merits of his federal constitutional claim.' Harris, on …
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
Faculty Scholarship
The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …
More Women Named Federal Judges, Carl W. Tobias
More Women Named Federal Judges, Carl W. Tobias
Law Faculty Publications
The essay initially assesses information pertinent to President Bush's record of appointments to the federal bench during his first three years in office. The prospects for future appointment of women are explored next. Finding these prospects inconclusive, this essay suggests that President Bush continue employing the constructive measures initiated during his administration's third year to name additional women while seriously considering the possibility of instituting even more vigorous efforts to appoint women in the future. Finally, the essay examines why greater numbers of women should be placed on the federal courts and how that goal can be attained.
Judicial Discretion And The 1983 Amendments To The Federal Civil Rules, Carl W. Tobias
Judicial Discretion And The 1983 Amendments To The Federal Civil Rules, Carl W. Tobias
Law Faculty Publications
The first section of this Article briefly describes the developments which created the perception that the federal courts were experiencing a litigation explosion and which ultimately led to the promulgation of the 1983 amendments as one response to the perceived explosion. It also examines the substantive content of those changes, especially how the revisions enlarged federal judicial discretion. The second section evaluates the courts' implementation of the 1983 amendments and finds that this application has adversely affected numerous litigants, particularly civil rights plaintiffs, while providing some benefits, namely fostering more expeditious dispute resolution.
The third section provides suggestions for the …
Breaching The Union Constitution: Can A Member Make A Federal Case Of It? An Analysis Of Wooddell V. Ibew Local Union No. 71, Barbara J. Fick
Breaching The Union Constitution: Can A Member Make A Federal Case Of It? An Analysis Of Wooddell V. Ibew Local Union No. 71, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Wooddell v. IBEW Local Union No. 71, 502 U.S. 93 (1991). The author expected the Court to address whether Section 301 of the Labor Relations Management Act creates a federal cause of action under which a union member can sue his union for breach of the union's constitution.
Does Title Vii Apply In Saudi Arabia? An Analysis Of Eeoc V. Arabian American Oil Co., Barbara J, Fick
Does Title Vii Apply In Saudi Arabia? An Analysis Of Eeoc V. Arabian American Oil Co., Barbara J, Fick
Journal Articles
This article previews the Supreme Court case EEOC v. Arabian American Oil Co., 499 U.S. 244 (1991). The author expected the Court to decied whether Congress intended the mandates of Title VII of the Civil Rights Act of 1964 prohibiting employment discrimination to extend extraterritorially.
Punishing Ethical Violations: Aggravating And Mitigating Factors, H. Patrick Furman
Punishing Ethical Violations: Aggravating And Mitigating Factors, H. Patrick Furman
Publications
No abstract provided.