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Articles 121 - 150 of 212
Full-Text Articles in Courts
Freedom Of Speech And The Press
Freedom Of Speech And The Press
Ineffective Assistance Of Counsel
Preemption Of Local Law By State Legislature
Advice And Consent: Ensuring Judicial Freedom, Patrick J. Leahy
Advice And Consent: Ensuring Judicial Freedom, Patrick J. Leahy
University of Richmond Law Review
Throughout this nation's history, Americans have turned to the Supreme Court to protect their rights against excesses of the legislative and executive branches. To protect this crucial role of the Court, the Framers realized that neither the executive nor the legislature should have the power to cast the Court in its own image. To prevent this usurpation of one branch by another, the Framers wisely required the President to obtain the advice and consent of the Senate in making appointments to the Supreme Court.
Could He Go Faster Than He Could? Ruminations On The Time Lapse From Oral Argument To Opinion Filing In The Court Of Appeals Of Maryland, William H. Adkins Ii
Could He Go Faster Than He Could? Ruminations On The Time Lapse From Oral Argument To Opinion Filing In The Court Of Appeals Of Maryland, William H. Adkins Ii
Maryland Law Review
No abstract provided.
Maryland's Right Of In Banc Review, John J. Connolly
Maryland's Right Of In Banc Review, John J. Connolly
Maryland Law Review
No abstract provided.
Judicial Federalism In Action: Coordination Of Litigation In State And Federal Courts, William W. Schwarzer, Nancy E. Weiss, Alan Hirsch
Judicial Federalism In Action: Coordination Of Litigation In State And Federal Courts, William W. Schwarzer, Nancy E. Weiss, Alan Hirsch
Faculty Scholarship
No abstract provided.
Judiciary: Know Thy Place, Thomas L. Jipping
Judiciary: Know Thy Place, Thomas L. Jipping
University of Richmond Law Review
Alexander Hamilton wrote in The Federalist No.78 that the judiciary "has no influence over ... the purse."' Yet in Missouri v. Jenkins, the Supreme Court approved indirect judicial taxation. Hamilton wrote that the judiciary "will always be the least dangerous" and "beyond comparison the weakest" branch of government. Yet in Roe v. Wade, the Supreme Court created out of nothing a right to choose abortion, invalidated the abortion laws of all fifty states developed over more than a century, and shut millions of Americans out of the process of developing public policy on this important political issue. Hamilton wrote that …
The President And The Federal Bench, Carl W. Tobias
The President And The Federal Bench, Carl W. Tobias
Law Faculty Publications
Professor Tobias assesses the efforts of the George H.W. Bush Administration in appointing women and African-Americans to the federal bench.
Up In Smoke: Fourth Amendment Rights And The Burger Court, Gerald S. Reamey
Up In Smoke: Fourth Amendment Rights And The Burger Court, Gerald S. Reamey
Faculty Articles
When Warren Burger was appointed Chief Justice in 1969, he was expected to lead the Supreme Court away from its liberal, value-laden approach to constitutional adjudication. Indeed, a retrospective of the court’s work during the seventeen years Warren Burger served as Chief Justice reveals the expected conservative trend of the Chief Justice himself, as well as the Supreme Court generally. It does not, however, reflect wholesale rejection of the most controversial civil liberties decisions rendered by the Warren Court. It is also unclear that Chief Justice Burger was responsible for the Court’s retrenchment on civil liberties where it did occur. …
An Emerging Conception Of Fundamental Rights In Contemporary Russia, Mary Holland
An Emerging Conception Of Fundamental Rights In Contemporary Russia, Mary Holland
Cardozo Journal of International and Comparative Law
The article explores the emergence of a new conception of fundamental rights in post-Soviet Russia, marking a significant shift from a totalitarian regime to a more democratic, rule-of-law-based system. This transformation is evident through the adoption of key legal documents: the Declaration of Rights and Freedoms, the Conception of Judicial Reform, and the Law on the Constitutional Court. These reforms reflect a rejection of the Soviet legal tradition, alignment with international human rights standards, and a re-emergence of pre-revolutionary Russian legal ideals. The article argues that these developments signify a fundamental change in the Russian legal framework, emphasizing individual rights …
Some Preliminary Thoughts On Long-Range Planning For The Federal Judiciary, Thomas E. Baker
Some Preliminary Thoughts On Long-Range Planning For The Federal Judiciary, Thomas E. Baker
Faculty Publications
Professor Baker gives his prescription for the Long-Range Planning Committee of the Judicial Conference. First, he considers the "mission" of the federal courts, explaining that there should be no single, objectively correct conception of the role of the federal courts. Second, he discusses his conception of long-range planning, in terms of a relatively short event horizon and the absolutely wide-open scope of the range of proposals that are relevant to the work of the Committee. Third, he describes his preliminary thoughts on the role of the Committee to be a kind of permanent Federal Courts Study Committee modeled after comparable …
The New East European Constitutional Courts, Herman Schwartz
The New East European Constitutional Courts, Herman Schwartz
Michigan Journal of International Law
This article will describe some aspects of the different tribunals in Russia, Hungary, Poland, Czechoslovakia, Bulgaria, and Romania, and will compare them with each other and with the U.S. Supreme Court. The first part will begin by explaining a few basic differences between the American and Continental systems of judicial review, and will then describe the functions of the new East European constitutional courts. The second part will use the decisions of the new Russian Constitutional Court to illustrate the new courts' exercise of authority, and will summarize the recent activities of a few other new constitutional courts.
Cameras In Virginia Courtroom, Teresa D. Keller
Cameras In Virginia Courtroom, Teresa D. Keller
University of Richmond Law Review
On July 1, 1992, Virginia joined forty other states by allowing cameras into state courtrooms on a permanent basis. A pilot program had been underway since 1987, allowing news coverage by television cameras, audio recorders, and still cameras in a handful of state courtrooms. Lawmakers had extended the experiment twice, delaying a permanent decision in the face of varying opinions about the success of the program. The Supreme Court of Virginia issued two reports over the five year span indicating the pilot program had produced a negative effect on the judicial process. Broadcasters, on the other hand, consistently claimed the …
Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull
Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull
University of Richmond Law Review
Most court watchers agree that the changing composition of the Supreme Court will ineluctably favor the interests of traditional values organizations like the American Family Association. The next decade will surely see the Court return to a more balanced approach in line with the preservation of family values. Certainly some will characterize the new Court as more conservative. To the extent that it will emphasize core principles in the Constitution as the bedrock from which it must proceed, it will be conservative. Yet this is simply a return of the Court to its intended function: interpretation and application of law …