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Articles 121 - 142 of 142

Full-Text Articles in Courts

Terrorism And The Constitution, Christopher L. Blakesley Jan 1987

Terrorism And The Constitution, Christopher L. Blakesley

Scholarly Works

How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …

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The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis Jan 1986

The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis

Law Faculty Articles and Essays

A dispute burns across the landscape of French constitutional law regarding the juridical nature of the French constitutional "Supreme Court", the Conseil constitutionnel: is it a court? Both French and American scholars have claimed that, despite superficial similarities between the U.S. Supreme Court and the French Conseil constitutionnel, the American system of judicial review "can have no counterpart in the French system", that French legal and political theory is inconstistent with an effective supreme court, that there is "no possibility" that the French and American systems could surmount this "major difference", and that the Conseil is simply not a "true …

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Policymaking And Politics In The Federal District Courts, Michigan Law Review Feb 1985

Policymaking And Politics In The Federal District Courts, Michigan Law Review

Michigan Law Review

A Review of Policymaking and Politics in the Federal District Courts by Robert A. Carp and C.K. Rowland

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European Integration Through Fundamental Rights, Jochen Abr. Frowein Oct 1984

European Integration Through Fundamental Rights, Jochen Abr. Frowein

University of Michigan Journal of Law Reform

The conception of fundamental rights as natural rights of human beings developed in European legal thinking mainly in the seventeenth and eighteenth centuries. John Locke, Jean-Jacques Rousseau, and also Immanuel Kant should be mentioned. But it was in the new world that the principles of fundamental human rights were first put into practice. A little more than ten years after the first American declarations, the "Declaration des droits de l'homme et du citoyen" was adopted in Paris; it remains part of French constitutional law today. But, unlike the development in the United States, the French guarantees could not be enforced …

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The Courts' Inherent Power To Compel Legislative Funding Of Judicial Functions, Michigan Law Review Jun 1983

The Courts' Inherent Power To Compel Legislative Funding Of Judicial Functions, Michigan Law Review

Michigan Law Review

Litigation results when the legislative branch contests the inherent power order. Because judicial compulsion of legislative action must derive from constitutional authority, and because of the practical and doctrinal challenges such litigation presents, many courts have struggled to resolve these cases in a principled fashion. This Note defends the inherent power doctrine, but argues that current judicial approaches to its application have failed to confront squarely the central issues raised by inherent power orders. The Note advocates an alternative procedure for defining the legitimate scope of judicial authority to compel appropriations on its own behalf. Part I examines the constitutional …

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Colorado's Answer To The Local Rules Problem, William H. Erickson Jan 1983

Colorado's Answer To The Local Rules Problem, William H. Erickson

University of Michigan Journal of Law Reform

This Article examines the checkered history of local rules in the state and federal courts. Part I sketches the development of local rule-making power. Part II focuses on the abuses that have resulted from a nonuniform procedural system. It concludes that the most serious consequence of that abuse - an increase in court costs and delay - has not been addressed adequately by the courts. Part III explores ways in which the local rules problem can be brought under control. Although a number of proposals are discussed, the purpose of this section is to present the approach recently undertaken by …

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Appellate Caseload: Meeting The Challenge In Rhode Island, Joseph R. Weisberger Jan 1983

Appellate Caseload: Meeting The Challenge In Rhode Island, Joseph R. Weisberger

University of Michigan Journal of Law Reform

Two of the most challenging and frustrating problems facing appellate courts in America are increasingly congested dockets and the sluggish pace of litigation. In an effort to combat these problems, the Supreme Court of Rhode Island has recently initiated several procedural techniques for screening and settling criminal and civil cases on appeal. These techniques have proven highly effective and should provide other appellate courts at least a partial answer to the burgeoning appellate caseload.

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Reducing Court Costs And Delay: An Overview, Leonard S. Janofsky Jan 1983

Reducing Court Costs And Delay: An Overview, Leonard S. Janofsky

University of Michigan Journal of Law Reform

The American legal system is unparalleled in its efforts to protect individual rights. A citizen's access to the legal system provides the basis for our government of laws. Yet, it must be recognized that serious problems confront the American system and persist despite a long history of efforts at reform by the organized bar, the judiciary, and other interested parties. Years of delay exist in many of the nation's busiest courts. The cost of maintaining or defending a suit has grown at an alarming rate. These infamous twin evils - delay and cost - do more than belie the standard …

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An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador Jan 1983

An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador

University of Michigan Journal of Law Reform

The recent litigation explosion presents a two-pronged dilemma for American appellate courts. If, on the one hand, the number of appellate judges is not expanded to keep abreast of growing case loads, there is a risk that courts will rely too heavily on professional staff, thereby watering down the decision-making process. If, on the other hand, the number of judges is proportionately increased with the growth in appellate litigation, the number of three-judge decisional units will also increase, thereby threatening predictability and uniformity in the law of the jurisdiction. This Article undertakes to explain that dilemma and to offer a …

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Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper Jan 1983

Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper

University of Michigan Journal of Law Reform

The purpose of this Article is to explore these issues in light of Sacramento's experience with the expedited appeal procedure. The data presented here are drawn from an evaluation of the first twelve months of the procedure's operation. This evaluation was based on court records of the more than one hundred cases that followed the expedited procedure to completion, in-person interviews with members of the court and court staff, and telephone interviews with participating attorneys. Part I briefly sets out the new procedure and the context in which this procedure was introduced and integrated. Part II discusses the conclusions that …

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The Organized Bar: A Catalyst For Court Reform, Paul R.J. Connolly Jan 1983

The Organized Bar: A Catalyst For Court Reform, Paul R.J. Connolly

University of Michigan Journal of Law Reform

This Article theorizes that state and local bar associations can play a vital role in ridding their courts of excessive costs and delay. Theory can become practice, however, only if state and local bars are reorganized to broaden their oversight and lobbying functions, in order to make them more effective vehicles of reform. This Article, then, discusses the role the organized bar can and should play in achieving procedural reform that will reduce the delay and cost of litigation. Part I describes the various stages of the reform process, using the Kentucky experiment as a model, and outlines the contributions …

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Recent Developments In Social Welfare Law And The Doctrine Of Separation Of Powers, William H. Taft Iv Jan 1977

Recent Developments In Social Welfare Law And The Doctrine Of Separation Of Powers, William H. Taft Iv

Indiana Law Journal

Symposium: Separation of Powers

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Limiting The Criminal Contempt Power: New Roles For The Prosecutor And The Grand Jury, Richard B. Kuhns Jan 1975

Limiting The Criminal Contempt Power: New Roles For The Prosecutor And The Grand Jury, Richard B. Kuhns

Michigan Law Review

This article will briefly describe the development and scope of the law of criminal contempt, and then tum to the question of whether the current exercise of the power is consistent with the rationale for its existence. The analysis will suggest not only that the answer to this question in many instances is negative, but also that substantial benefits would result from requiring that criminal contempts be treated as ordinary criminal prosecutions.

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Compensation Of The Federal Judiciary: A Reexamination, Elliot A. Spoon Jan 1975

Compensation Of The Federal Judiciary: A Reexamination, Elliot A. Spoon

University of Michigan Journal of Law Reform

The compensation of the federal judiciary has been a persistent issue since the enactment of the Judiciary Act of 1789. The problem has been traditionally perceived in the context of particular proposals for salary increases, but the underlying issues are much more fundamental than the concerns of the day. The institutional arrangements by which judicial compensation is determined and the factors which shape that determination have a profound impact on the fiscal and human resources of the judiciary, on the power relationships among the three branches of the national government, and, thereby, on the independence and quality of the judicial …

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Congressional Discretion In Dealing With The Federal Rules Of Evidence, Stuart M. Lockman Jan 1973

Congressional Discretion In Dealing With The Federal Rules Of Evidence, Stuart M. Lockman

University of Michigan Journal of Law Reform

On November 20, 1972, the Supreme Court, pursuant to statutory authority, adopted the Federal Rules of Evidence. The new rules of evidence were not to take effect, however, until ninety days after they had been submitted to Congress. The rules were officially submitted on February 5, 1973, but even before that date they had become the subject of extensive legislative debate. While some attorneys praise the codification of evidence rules as a progressive step, others maintain that certain of these promulgations will have an objectionable impact on the federal judicial system or that the Supreme Court has exceeded its authority …

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The Judiciary In Ghana, William B. Harvey Jan 1966

The Judiciary In Ghana, William B. Harvey

Articles by Maurer Faculty

No abstract provided.

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The Inherent Power Of The Judiciary, Henry M. Dowling Dec 1935

The Inherent Power Of The Judiciary, Henry M. Dowling

Indiana Law Journal

Address delivered by Henry M. Dowling of the Indianapolis Bar at the Annual Meeting of the Indiana State Bar Association September 7, 1935; first published in the October American Bar Association Journal and reprinted here with permission of that journal.

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The Work Of The Trial Courts In Indiana, Maurice E. Crites Nov 1934

The Work Of The Trial Courts In Indiana, Maurice E. Crites

Indiana Law Journal

The papers constituting this symposium were addresses delivered to the Indiana State Bar Association at its Thirty-eighth Annual Meeting, Lake Wawasee, July 12 and 13, 1934.

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President Roosevelt And The Judiciary, Rex M. Petterf May 1928

President Roosevelt And The Judiciary, Rex M. Petterf

Indiana Law Journal

No abstract provided.

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Recall Of Judges And Of Judical Decisions, Howard Weist Feb 1913

Recall Of Judges And Of Judical Decisions, Howard Weist

Michigan Law Review

We live in an age when courts are attacked, judges condemned for obeying the constitution, and representative government is ridiculed and sought to be destroyed. The wish of socialists has become the political ethics of near-socialists and many other citizens. It has become popular to rail against the authority 'of courts; to demand that courts shall no longer be conservators of constitutional guarantees; that judges shall serve under the fear of recall; and representative government shall give way to an absolute democracy. Has political wisdom waited for the year 1912, only to offer us socialism and the worn out and …

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Judicial Criticism Of Legislation By Courts, Charles G. Haines Nov 1912

Judicial Criticism Of Legislation By Courts, Charles G. Haines

Michigan Law Review

In the application of the doctrine of judicial review of legislative acts, the federal courts of the United States have not infrequently been criticised for usurping part of the functions of the legislature. The criticisms have increased to such an extent as to raise an issue of national significance. Recently, charges against the judiciary for the usurpation of legislative functions have been made rather frequently by the justices of our federal Supreme Comt. The late Associate Justice Harlan, dissenting in part from the reasoning of the majority of the court in the Standard Oil case, brought such a criticism against …

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The Judicial Code Of March 3, 1911, Robert E. Bunker Jan 1911

The Judicial Code Of March 3, 1911, Robert E. Bunker

Articles

Near the close of its last session, the Sixty-first Congress passed an act entitled "An Act to codify, revise and amend the laws relating to the judiciary." Approved March 3, 1911, which, by its own terms, Sec. 296, is to be designated and cited as "THE JUDICIAL CODE." This act is to become operative on and after Jan. 1, 1912.

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