Courts Commons^™

"Fetch Some Soupmeat", William N. Eskridge Jr.

Cardozo Law Review

Although first published over 150 years ago, Francis Lieber's Legal and Political Hermeneutics remains broadly influential, and the soupmeat hypothetical in particular has been reproduced in the most widely read twentieth-century legal texts for teaching statutory interpretation. The directive, "fetch some soupmeat," seems straightforward in most situations, because the housekeeper and the servant are operating under the same assumptions, and because their shared assumptions are borne out as the servant goes about his task. Lieber's project-and the project of any sophisticated theoretical treatment of statutory interpretation-was to explore the many ways in which "fetch some soupmeat" proves susceptible to surprising …

Opening The Door To The Grand Jury: Abandoning Secrecy For Secrecy's Sake, George Edward Dazzo

University of the District of Columbia Law Review

The grand jury in the United States is hailed by its proponents as an indispensable buffer of protection from malicious and unfounded prosecution by the State. Critics, however, liken the investigatory body to a rubber stamp of the prosecutor, analogous to early English grand jurors who were subject to the influences of the Monarch. Criticism of the grand jury often focuses on the grand jury's potential for oppression rather than protection of the individual.' In particular, it is the secrecy of the grand jury that sparks the most debate.'

Lawrence Baum's American Courts: Process And Policy (Book Review), Lynn M. Mather

Book Reviews

No abstract provided.

Introduction To Mercer Law Review Symposium On Federal Judicial Independence, L. Ralph Mecham

Mercer Law Review

No abstract provided.

Congress And The Courts: Establishing A Constructive Dialogue, Orrin G. Hatch

Mercer Law Review

The topic of federal judicial independence is an amorphous one, and Professor Redish's fine contribution to this symposium provides meaningful shape and structure to this topic. I will leave it largely to the academics to debate the many theoretical questions raised by Professor Redish. At the outset, I would simply like to offer a few observations on the four categories into which Professor Redish subdivides the concept of federal judicial independence.

I agree with Professor Redish that what he labels "institutional" independence, "decisional" independence, and "counter-majoritarian" independence identify those basic respects in which the Constitution guarantees the federal courts protections …

The Fragmentation Of Federal Rules, Erwin Chemerinsky, Barry Friedman

Mercer Law Review

In 1938, the Federal Rules of Civil Procedure were adopted. Their adoption represented a triumph of uniformity over localism. The lengthy debate that prefaced the adoption of the rules focused upon the value of a national set of rules, as opposed to the then-governing practice of "conformity," in which local federal practice mirrored that of the state in which the federal courts sat. Although many different arguments were offered in favor of the federal rules, at bottom the rules' proponents carried the day by arguing that procedure ought to be the same across the federal courts and the cases those …

United Mine Workers V. Bagwell: The Civil/Criminal Indirect Contempt Fine Distinction Revisited, Franklin P. Brannen Jr.

Mercer Law Review

United Mine Workers v. Bagwell involves the imposition of indirect contempt fines stemming from a labor dispute in Virginia. In April 1989, respondents Clinchfield Coal and Sea "B" Mining Companies filed suit to enjoin petitioner International Union, United Mine Workers of America from conducting unlawful strike activities. The trial court entered an injunction that prohibited the union and its members from undertaking illegal strike-related activities. In subsequent hearings, the court imposed over $64,000,000 in fines. The trial court required that the companies prove violations of the injunction beyond a reasonable doubt but did not afford the union the right to …

Judicial Power And The Rules Enabling Act, Linda S. Mullenix

Mercer Law Review

Congress undermines and erodes judicial power when it imperially declares and exercises an exclusive right to enact federal procedural rules. Thus, congressional intrusion into federal procedural rulemaking is the most significant contemporary issue of judicial independence. The proper province of procedural rulemaking is no mere pointillist academic quibble, but rather an issue that runs to the core of judicial power. A judiciary that cannot create its own procedural rules is not an independent judiciary Moreover, a judiciary that constitutionally and statutorily is entitled to create its own procedural rules, but must perform that function under a constant cloud of congressional …

The Alleged Unaccountability Of The Academic: A Biographical Sketch Of Carl Schmitt, Manfred H. Wiegandt

Cardozo Law Review

In recent years, especially after the breakdown of the Soviet bloc, we have witnessed numerous attempts to establish viable democratic structures in states formerly in the tight grip of dictatorially ruling elites, be it in the countries of the former Communist bloc, at the African Cape, or in Latin America. The questions that concern people in these regions above all are how their systems can be made strong enough to survive the economic crises that go along with establishing democratic frameworks and how the states can ensure the necessary coherence to survive on the background of a lingering challenge by …

Suggestions For Circuit Court Review Of Local Procedures, Carl Tobias

Washington and Lee Law Review

No abstract provided.

Unemployment Compensation For Employees Of Educational Institutions: How State Courts Have Created Variations On Federally Mandated Statutory Language, Maribeth Wilt-Seibert

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder

All Faculty Scholarship

No abstract provided.

Transfer And Choice Of Federal Law: The Appellate Model, Robert A. Ragazzo

Michigan Law Review

In light of recent developments, a reexamination of the position that transferee federal law applies regardless of the context is in order. This article argues that the consensus that existed prior to the Marcus article and the Korean Air Lines case, although not based upon the most thorough analysis, comprises the better view: transferee federal law should apply after permanent but not MDL transfers.

New Formula For Peremptory Challenges: Xx=Xy, Susan Y. Soong

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

National Organization For Women, Etc., Et. Al. V. Joseph Scheidler, 114 S. Ct. 78 (1994), Marianne Mariano

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Volume 62

Tennessee Law Review

No abstract provided.

Your Honor What I Meant To State Was . . .: A Comparative Analysis Of The Judicial And Evidentiary Admission Doctrines As Applied To Counsel Statements In Pleadings, Open Court, And Memoranda Of Law, Ediberto Román

Faculty Publications

This article analyzes the law regarding party admissions; specifically as applied to statements in pleadings, open court, and memoranda of law. In particular, this article will: (1) provide a detailed description of the two types of admissions counsel make; (2) address courts' treatment of attorneys' admissions in different circumstances; and (3) provide an argument for treating attorneys' admissions in memoranda of law similar to admissions in open court or in pleadings. The goal of this article is to provide a blueprint of the law on admissions, an area of law where all to often counsel pays little attention, and to …

A Catalogue Of Judicial Federalism In The United States, Thomas E. Baker

Faculty Publications

No abstract provided.

A View To The Future Of Judicial Federalism: “Neither Out Far Nor In Deep”, Thomas E. Baker

Faculty Publications

Professor Baker briefly sketches some likely future scenarios for state courts and federal courts and then highlights what he expects will be the future opportunities for cooperation and judicial federalism. Included are discussions of the separate futures of the state and federal courts and then how the two judiciaries will relate to each other in the years ahead.

Judicial Decisions And Linguistic Analysis: Is There A Linguist In The Court?, Lawrence Solan

Faculty Scholarship

No abstract provided.

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Non-Delegation Doctrine And The Florida Supreme Court: What You See Is Not What You Get, John E. Fennelly

St. Thomas Law Review

In 1979, Carl J. Peckingbaugh, in analyzing Askew v. Cross Key Waterways, observed that Florida appellate courts continue "to adhere to the non-delegation doctrine." Peckingbaugh characterized the Florida Supreme Court's attitude as a rejection of the modem trend in administrative law, a trend that accepted "the adequacy of procedural safeguards in the administrative process in lieu of strict legislative guidelines for the exercise of delegated authority." Eleven years later, Professor Johnny C. Burris argued that Florida appellate courts, while still ritualistically adhering to the traditional or strict non-delegation doctrine, had de facto adopted the modem or pragmatic Davis-test that had …

Closer Look At Waters V. Churchill And United States V. National Treasury Employees Union: Constitutional Tensions Between The Government As Employer And The Citizen As Federal Employee, A A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Charles W. Hemingway

American University Law Review

No abstract provided.

Impact Of Federal Circuit Precedent On The On-Sale And Public-Use Bars To Patentability, The A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Edward G. Poplawski, Paul D. Tripodi, Ii

American University Law Review

No abstract provided.

Survey Of Government Contract Cases Decided By The United States Court Of Appeals For The Federal Circuit In 1994, A A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court: Area Summaries , David R. Johnson, Diana G. Richard, David A. Levine, James C. Dougherty

American University Law Review

No abstract provided.

Renewal Of The Federal Rulemaking Process L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Peter G. Mccabe

American University Law Review

No abstract provided.

Introduction A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Glenn L. Archer, Jr.

American University Law Review

No abstract provided.

Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim

UIC Law Review

No abstract provided.

Common Sense, Simplicity And Experimental Use Negation Of The Public Use And On Sale Bars To Patentability, 29 J. Marshall L. Rev. 1 (1995), William C. Rooklidge, Stephen C. Jensen

UIC Law Review

No abstract provided.

Growing Pains For The Board Of Patent Appeals And Interferences: A Plan For Restoring Judicial Independence, 29 J. Marshall L. Rev. 171 (1995), Scott E. Baxendale

UIC Law Review

No abstract provided.