Courts Commons^™

Too Many Rights Or Not Enough--A Study Of The Juvenile Related Decisions Of The West Virginia Supreme Court Of Appeals, Paul Mones

West Virginia Law Review

No abstract provided.

Book Review Of Money And Justice: Who Owns The Courts? By Lois G. Forer, Jethro K. Lieberman

Other Publications

No abstract provided.

Withdrawing Jurisdiction From Federal Courts, Charles E. Rice

Journal Articles

Courts today accept two incorrect assumptions when interpreting the federal constitution. First, they assume that the judiciary is the sole branch with the definitive power in interpreting the Constitution. Second, they assume that the Supreme Court's decisions on constitutional interpretation are the law of the land and equal to the language of the Constitution itself. This Article proposes that Congress ought to exercise its removal power of appellate jurisdiction from the federal courts in certain areas of law to limit the Supreme Court’s power in creating law that expands the Constitution, which is mistakenly viewed today with equal stature as …

What To Do With The Supreme Courts Burgeoning Calendars?, Milton Handler

Cardozo Law Review

No abstract provided.

A "Home Run" Application Of Established Principles Of Statutory Construction: U.C.C. Analogies, Donald J. Rapson

Cardozo Law Review

No abstract provided.

Proof Of Injury And Damages In Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller

Cardozo Law Review

No abstract provided.

The Supreme Court's "Resolution" Of The Tax Accrual Workpapers Controversy, Diana Gillett Plotkin

Cardozo Law Review

No abstract provided.

Ancillary Relief In Federal Securities Law: A Study In Federal Remedies, George W. Dent

Faculty Publications

After describing the history and current practice of ancillary relief in federal securities law, this Article analyzes the general law of federal remedies and ancillary relief, including ancillary relief in other areas of administrative law, recent developments in federal equity, statutory interpretation, and federal common law, and implied statutory remedies. The Article then examines pertinent aspects of the federal securities laws, including their legislative history and recent judicial interpretations. On this basis the Article recommends both a general approach to ancillary relief in federal securities law and responses to problems of specific remedies. Finally, the Article discusses ancillary relief under …

Cable Television Monopoly And The First Amendment, Jordan S. Stanzler

Cardozo Law Review

No abstract provided.

Salvage And The Public Interest, Steven F. Friedell

Cardozo Law Review

No abstract provided.

The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins

Cardozo Law Review

No abstract provided.

The Transformation In Senate Response To Supreme Court Nominations: From Reconstruction To The Taft Administration And Beyond, Richard D. Friedman

Cardozo Law Review

No abstract provided.

Current Writing On Legal Education, Roger C. Cramton, Barbara Marshment

Journal of Legal Education

No abstract provided.

Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

The Massachusetts Rules of Criminal Procedure became effective on July 1, 1979. While many of their provisions helpfully codify previously existing practice and case law, the Rules have in some areas effected a major transformation of criminal procedure. This article examines the changes wrought by the Rules in the pretrial arena, with emphasis on those areas that remain somewhat unfamiliar to the practitioner or untested against constitutional challenge in the courts. While the Rules appear to have done an admirable job of simplifying and rationalizing the criminal trial process, their emphasis on mutuality and reciprocity have in some cases created …

How Courts Govern America, H. John Rogers

West Virginia Law Review

No abstract provided.

The Tax Benefit Of Bliss, Alan L. Feld

Faculty Scholarship

In recent years the Supreme Court has limited its substantive decisions in federal income tax matters.^I For the most part, the handful of tax cases it has considered each year deal with collection, liens, or other issues peripheral to doctrinal development in the tax area.² The Court's recent decision in Diedrich v. Commissioner,³ however, dealt with a realization question involving net gifts; and its grant of certiorari consolidating the cases of Bliss Dairy, Inc. v. United States and Hillsboro National Bank v. Commissioner⁴ promises a continuing interest in substantive tax law. Bliss Dairy will enable the …

Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Court Rulemaking In Washington State, Hugh D. Spitzer

Articles

Reviews the history and approach to court rule making in Washington State. Critiques the Washington Supreme Court’s weakening of the Judicial Council and the Court’s assumption of control of aspects of rulemaking that might better be handled by a Judicial Council or the Legislature.

Book Review, Howard C. Klemme

Publications

No abstract provided.

Statistical Implications Of Reasoning With Polygraph Evidence: Developing Instructions For The Trier Of Fact, James A. Finder

Cardozo Law Review

Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution

Party-Designated Arbitrators And The Duty To Disclose In Tripartite Commercial Arbitration: Barcon Associates, Inc. V. Tri-County Asphalt Corp., Bruce H. Kaye

Cardozo Law Review

No abstract provided.

International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Role Of Comity In The Law Of Federal Courts, Michael L. Wells

Scholarly Works

Considerations of comity often require federal courts to defer to state courts when federal issues could be raised in state proceedings. Contexts in which such deference is required include Younger abstention, habeus corpus exhaustion and procedural default, and Pullman and Burford abstention. In this Article, Professor Wells demonstrates that the Supreme Court's opinions fail to make a distinction between cases where comity requires restraint and those where it does not. The Court's motive in invoking comity is not to decrease access to federal courts, but instead to strike a compromise between the individual's interest in a federal forum and the …

In Memory Of Monrad G. Paulsen, Sanford H. Kadish

Cardozo Law Review

No abstract provided.

In Memory Of Monrad G. Paulsen, Walter J. Wadlington

Cardozo Law Review

No abstract provided.

In Memory Of Monrad G. Paulsen, Marvin E. Frankel

Cardozo Law Review

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest--

Spouse of Injured Seaman May Recover Damages for Loss of Society under Maritime Common Law

Federal District Court Lacks Jurisdiction under 28 U.S.C. § 1350 over Fraud Action Brought by Alien when Claim Fails to Implicate a Treaty or Body of Rules Governing Relations between Foreign States

Jurisdiction under the Foreign Sovereign Immunities Act Requires at Least a Finding of International Shoe "Minimum Contacts"

Appellate Court will not Review the Post-Settlement Appeal of a Pre-Settlement Provisional Remedy without District Court Consideration of the Intervening Events

Foreign States are Subject to Liability for Non-Commercial Torts arising from the Commercial …

Justice Douglas And His Brethren: A Personal Recollection, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

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

Villanova Law Review (1956 - )

No abstract provided.