Courts Commons^™

Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans

Touro Law Review

No abstract provided.

First Amendment, Burt Neuborne

Touro Law Review

No abstract provided.

Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman

Touro Law Review

No abstract provided.

Introduction, Dean Howard Glickstein, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.

Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.

Touro Law Review

No abstract provided.

Law Clerk Handbook: A Handbook For Law Clerks To Federal Judges, Alvin B. Rubin, Laura B. Bartell

Law Faculty Research Publications

A handbook "to help law clerks understand tasks they will be asked to undertake and to perform them more effectively," and "to offer one view of practical procedures that may assist both the clerk and the judge in working together." (from the preface)

The Early Role Of The Attorney General In Our Constitutional Scheme: In The Beginning There Was Pragmatism, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

This article attempts to accomplish two distinct but related objectives. First, it initiates the proposed systematic study of the Office of the Attorney General by examining its early role. Second, it explores how these early experiences help to answer today's questions. To those ends, part I examines the establishment of the Office of the Attorney General. Studying the genesis of the office and contrasting it to the other significant offices created by the First Congress, such as the Secretaries of Foreign Affairs, War, and Treasury, reveals the priorities and concerns of these early legislators, many of whom had been instrumental …

Women Of The Tudor Court, 1501-1568, Carol De Witte Bowles

Dissertations and Theses

Writing the history of Tudor women is a difficult task. "Women's lives from the 16th century can rarely be constructed except when these women have had influential connections with notable men.This is no less true for the court women of Tudor England than for other women of the time.

The purpose of this thesis is to discuss some of the more memorable court women of Tudor England who served the queens of Henry VIII, Mary I, and Elizabeth I, 2 and to determine what impact, if any, they had on their contemporary times and to evaluate their roles in Tudor …

Grand Jury Reform: A Proposal For Change In Virginia, Charles E. Wall

University of Richmond Law Review

Once a cornerstone of American jurisprudence, the requirement of prosecution based upon grand jury indictment no longer stands unchallenged. Instead, alternate means of commencing prosecution, most notably by information and the preliminary hearing, have prompted lawmakers to look at the grand jury with a heightened scrutiny. Subsequently, such alternatives have become the primary prosecutorial tools in many states. Virginia, however, retains the grand jury system which was implemented in colonial times.

Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit

Faculty Works

Much of jurisprudence is storytelling, recounting tales of what has gone before; improvising and crafting new stories of legal theory from old ones. Useful kernels are passed from one generation of legal thinkers to the next. Like tribal legends, the messages in many stories of jurisprudence can be understood only by a select audience. Legends often come with morals; theories of jurisprudence often impart prescription for living within the law. Jurisprudence, like legends, concerns fundamental issues, confronts cosmic questions and weaves in magic. Sometimes both possess humor as well.

Unfortunately, some modern versions of jurisprudential theories have become anecdotal. The …

Weighted Voting, Richard David Emery ,Esq.

Touro Law Review

No abstract provided.

Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin

Articles & Chapters

No abstract provided.

Annual Survey Of Virginia Law: The Rules Of Court For The General District Courts Of Virginia, J. R. Zepkin

University of Richmond Law Review

In the spring of 1986, a proposal was made to the Advisory Committee on the Rules of Court to the Judicial Council of Virginia (the "Advisory Committee") for a reorganization and review of the Rules of Court for the general district courts. The Advisory Committee authorized the creation of a subcommittee.

Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.

Review Of The Supreme Court's 1988-89 Term And Preview Of The 1989-90 Term For The Transnational Practitioner, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.

Lawyers As Officers Of The Court, Eugene R. Gaetke

Vanderbilt Law Review

In its public assertions, the legal profession promotes a different model: lawyers are officers of the court in the conduct of their professional, and even their personal," affairs. The organized bar has expressly emphasized this obligation in each of its major codifications of the ethical obligations of the profession, including the American Bar Association's most recent effort, the 1983 Model Rules of Professional Conduct.

Lawyers like to refer to themselves as officers of the court. Careful analysis of the role of the lawyer within the adversarial legal system reveals the characterization to be vacuous and unduly self-laudatory. It confuses lawyers …

Scholars' Reply To Professor Fried, Yale Kamisar, Lee C. Bollinger, Judith C. Areen, Barbara A. Black

Articles

As Solicitor General of the United States, Charles Fried, like any good advocate, was often in the position of attempting to generate broad holdings from relatively narrow and particularistic Supreme Court decisions. This was especially true in affirmative action cases. There, the Department of Justice argued that cautious precedents actually stood for the broad proposition that measures designed to put members of disadvantaged groups on a plane of equality should, for constitutional purposes, be treated the same as measures intended to stigmatize or subordinate them. The Supreme Court, however, has consistently rejected this reading of its precedents and the broad …

Aliens' Right To Seek Asylum: The Attorney General's Power To Exclude "Security Threats" And The Role Of The Courts, Mary S. Miller

Vanderbilt Journal of Transnational Law

The United States Court of Appeals for the Second Circuit is the only circuit court to analyze the relationship between section 235(c) and section 243(h), as amended by the Refugee Act. In "Azzouka v. Sava," the court resolved the apparent conflict between the two acts by holding that if the Attorney General determines that an alien is a security threat, that alien may be excluded without a hearing before an immigration judge despite the fact that the alien has requested political asylum."

This Note examines the interrelationship between sections 235(c) and 243(h) by analyzing the legislative, judicial, and administrative interpretations …

The Full Court Press: Sacrificing Vital Privacy Interests On The Altar Of First Amendment Rhetoric, Irwin R. Kramer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

To Defer Or Not To Defer: A Study Of Federal Circuit Court Deference To District Court Rulings On State Law, Dan T. Coenen

Scholarly Works

Federal courts of appeals often grant special deference to district court rulings on matters of state law. This practice is important. It is also ill-conceived. This Article explores this "rule of deference." Section I considers the roots and reach of the rule. Together with the Appendices to this Article, it seeks to detail for practitioners, commentators, and judges the way the rule operates in the courts. The remaining sections of this Article consider the wisdom of the rule of deference. Section II argues that the rule lacks a sound rationale and Section III urges that the rule has bad effects …

Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff

Publications

No abstract provided.

Toward An Auction Market For Corporate Control And The Demise Of The Business Judgment Rule, Mark J. Loewenstein

Publications

No abstract provided.

Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel

Publications

No abstract provided.

National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith

American Indian Law Review

No abstract provided.

Testimonial Consistency: The Hobgoblin Of The Federal False Declaration Statute, Sidney Delong

Faculty Articles

This article focuses on the inconsistent statement provision of the Federal False Declaration Statute. Part I of this article identifies certain anomalous aspects of perjury that make it particularly difficult to control by threats of punishment. Perjury's resemblance to an innocent mistake creates a risk that criminal sanctions will be misapplied. These sanctions may have counterproductive effects, at times inducing people to commit perjury and at others inhibiting people from correcting inaccurate testimony that they have previously given. Part II demonstrates the way in which the conflict between the goals of deterrence and mitigation is manifested in the federal perjury …

Are Twelve Heads Better Than One?, Phoebe C. Ellsworth

Articles

Few advocates of the jury system would argue that the average juror is as competent a tribunal as the averagejudge. Whatever competence the jury has is a function of two of its attributes: its number and its interaction. The fact that a jury must be composed of at least six people,' with different backgrounds, experiences, and perspectives, provides some protection against decisions based on an idiosyncratic view of the facts. Not only must the jury include at least six people, but they must be chosen in a manner that conforms to the ideal of the jury as representative of community …

Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine

Articles

Labor law bulks large on the docket of the United States Supreme Court. Yet never would I have included Charles D. Bonanno Linen Service, Inc. v. NLRB, dealing with the seemingly mundane issue of an employer's right to withdraw from multiemployer bargaining, in the select company of cases addressing such pulse-quickening subjects as affirmative action, picketing as free speech, and union antitrust liability. Professor Douglas Leslie's elegant and provocative article shows just how wrong I was--or at least just how far imaginative analysis can go toward seeing a world in a grain of sand. I lay no claim to expertise …

At-Will Employment: An Overview, Theodore J. St. Antoine

Articles

The most dramatic development of the last decade has been the rapid judicial expansion of modifications in at-will employment doctrine.

Duckworth V. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, Yale Kamisar

Articles

Professor Yale Kamisar, the country's foremost scholar of Miranda and police interrogation, presents an analysis and critique of the Supreme Court's latest interpretation of Miranda. In Duckworth, a 5-4 Court upheld the "if and when" language systematically used by the Hammond, Indiana, Police Department: "We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court." The real issue was whether the police effectively conveyed the substance of a vital part of Miranda: the right to have a lawyer appointed prior to any questioning. Professor Kamisar …

Opinion Of The Supreme People's Court On Questions Concerning The Implementation Of The General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

Articles

The General Principles of Civil Law of the People's Republic of China ("General Principles") came into force on January 1, 1987. We now issue the following Opinion concerning issues encountered when implementing the General Principles