Courts Commons^™

Appellate Practice In The Second Circuit Court Of Appeals, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

The Work Of The Federal Courts, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56

Court Conferences and Events

No abstract provided.

Consequences Of Federalizing Criminal Law, Roger J. Miner '56

Criminal Law

No abstract provided.

Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones

UIC Law Review

No abstract provided.

Edwards V. Aguillard: The Lemon Test Yields Bitter Fruit For Traditional Religious Values, 21 J. Marshall L. Rev. 613 (1988), John R. Russell

UIC Law Review

No abstract provided.

Mont R. Anderson, Personal Representative Of The Estate Of Cloyd H. Brinkerhoff, Lena Brinkerhoff, And Mark J. Brinkerhoff V. Elsie Brinkeroff, Golda B. Adair, Warren Brinkerhoff, Arlene B. Goulding, John Does I Through V : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM JUDGMENT OF THE SIXTH JUDICIAL DISTRICT COURT IN AND FOR KANE COUNTY, STATE OF UTAH.

Philip Timothy Dba Timothy Enterprises V. Ray W. Pease And Corrine Pease Dba Norco Drilling Service : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

APPEAL FROM SUMMARY JUDGMENT GRANTED ON BEHALF OF PLAINTIFF AGAINST DEFENDANTS RAY W. PEASE AND CORRINE PEASE IN THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR UINTAH COUNTY, STATE OF UTAH Honorable Richard C. Davidson, Presiding

The Negative Side Of Judicial Decision Making: Depublication As A Tool Of Judicial Power And Administration On State Courts Of Last Resort, Philip L. Dubois

Villanova Law Review (1956 - )

No abstract provided.

1987 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck

Faculty Publications

The purpose of this survey is to note important caselaw developments in the state and lower federal courts concerning religious liberty. Purposely omitted are the widely reported United States Supreme Court opinions, as well as cases where the Court has granted review during the 1987-88 term. The focus here is to collect significant cases that may otherwise escape broad attention. Only the facts and rationale of each court's decision is recorded. No editorial comment on the merits of these cases is intended.

Dedication Of The James T. Foley United States Courthouse, Roger J. Miner '56

Judges

No abstract provided.

Appellate Delay As A Catalyst For Change In Virginia, Julie M. Carpenter

University of Richmond Law Review

A Virginia citizen injured in an automobile accident in 1988 who is denied compensation through trial court error will wait an average of 1,165 days (3.2 years) after trial for the Supreme Court of Virginia to rectify the matter. Of course, that wait is only for the seventeen percent of cases that the supreme court elects to review, since Virginia is one of the only states that grants no right of appeal in most civil and criminal cases. By way of limited contrast, a civil appeal in the North Carolina Supreme Court averages be- tween 241 days and 257 days. …

The Prosecutor's Obligation To Grant Defense Witness Immunity, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The author enumerates the three most common situations in which the courts have required the prosecutor to offer immunity to defense witnesses: (1) to safeguard the defendant's right to essential exculpatory testimony; (2) where the use of the prosecutor's powers to grant immunity causes such distortion in the fact-finding process as to require granting immunity to defense witnesses; and (3) where immunity is required to remedy prosecutory misconduct such as the intimidation of witnesses. The use of the "missing witness" instruction to avoid reaching the constitutional issue is also discussed.

Precedent And Legal Authority: A Critical History, Charles W. Collier

UF Law Faculty Publications

In this Article, Professor Charles Collier traces out a general theory of precedential authority through historical sources. The Article focuses on three particularly influential views of precedent: Wambaugh's concept of dictum, Oliphant's concept of stare decisis, and Goodhart's concept of ratio decidendi. These views illustrate an underlying tension between two distinct doctrines of precedential authority. The first doctrine, derived from humanistic thought, restricts-legal authority as narrowly as possible to the express terms of an original text. The second doctrine draws on the broad, generalizing tendencies of the empirical sciences and their corresponding conceptions of scientific authority. The two doctrines coexist …

State Of The Art Evidence Under Ohio Strict Products Liability Law, Chris L. Hurlbut

Cleveland State Law Review

While the evolution of strict products liability has not generated as much jurisprudence in Ohio as it has in other states, the Ohio law that has evolved clearly reflects the national confusion. Frequently, the confusion both nationally and in Ohio results from the courts' failure to adequately separate the many issues that arise in a strict products liability action. The purpose of this Note is to focus on one narrow issue in Ohio strict products liability law-the admissibility of state of the art evidence. The Ohio Supreme Court has never addressed this question, and other jurisdictions are split on the …

Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi

Articles by Maurer Faculty

No abstract provided.

Foreword: Mail Fraud After Mcnally And Carpenter: The Essence Of Fraud, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …

Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas C. Arthur

Faculty Articles

This Article will demonstrate the superiority of the statutory approach for producing more stable and consistent antitrust law. Part I details the development of the constitutional approach to antitrust, demonstrating how the rise of the pragmatic and instrumentalist view of law led to the displacement of the original statutory approach to antitrust. Part II illustrates that the constitutional approach fundamentally cannot produce workable antitrust law. It summarizes both the doctrinal disarray that continues to plague each major area of antitrust law and the irreconcilable policy prescriptions of the contending antitrust "schools." Part III presents an alternative, statutory approach to antitrust …

The School Pays The Piper, But How Much? Attorneys Fees In Special Education Cases After The Handicapped Children’S Protection Act Of 1986, Thomas F. Guernsey

Law Faculty Publications

The Education for All Handicapped Children Act of 1975 (the EHA) imposes significant responsibilities on local and state educational authorities to ensure that handicapped children are receiving free and appropriate public education. To protect this substantive right to education, Congress mandated extensive procedural protections, including the right to file a judicial action following exhaustion of administrative remedies. The EHA did not provide for the recovery of attorneys' fees, however, until the statute was recently amended. ...

Court Costs In Virginia, William Hamilton Bryson

Law Faculty Publications

Costs are certain official expenses of litigation that the court orders the losing party to pay to the prevailing party. They are not a part of the judgment but are appurtenant to it.

Comments On Professor Rotunda's Essay, Richard H. Underwood

Law Faculty Scholarly Articles

In this comment, Professor Richard H. Underwood provides a response to An Essay on the Constitutional Parameters of Federal Impeachment, by Professor Ronald D. Rotunda. Rotunda’s essay was published in the Kentucky Law Journal, Vol. 76, No. 3, pp. 707-732.

A Distorted Mirror: The Supreme Court's Shimmering View Of Summary Judgment, Directed Verdict, And The Value Of Adjudication, Jeffrey W. Stempel

Scholarly Works

As almost anyone alive during the past decade knows, this is the era of the ‘litigation explosion,’ or there is at least the perception that a litigation explosion exists. Although all agree that the absolute number of lawsuits has increased in virtually every corner of the state and federal court systems, there exists vigorous debate about whether the increase is unusual in relative or historical terms and even more vigorous debate about whether the absolute increase in cases symbolizes the American concern for fairness and justice or represents a surge in frivolous or trivial disputes needlessly clogging the courts. As …

Taking The Framers Seriously, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This article reviews Taking the Constitution Seriously by Walter Berns (1987).

This review focuses on three of the key historical points that Walter Berns makes: his arguments that the Declaration of Independence is a Lockean document; that the Constitution encapsulates the political philosophy of the Declaration; and that the framers viewed the commercialization of society as a salutary development and were unambivalent champions of the right to property. Examination of these issues suggests that the ideological universe of the framers was far more complex than Berns indicates. While the revolutionary era witnessed a new concern with individual rights and a …

An Empirical Case Study Of Informal Alternative Dispute Resolution, Ronald J. Bacigal

Law Faculty Publications

The following Article is taken from that portion of Merhige's biography that addresses the Westinghouse uranium case of the 1970s, perhaps the first of the major "complex cases" to attract national attention. This case study provides an opportunity to examine a judicial decision making process involving four years of litigation, international discovery proceedings, judicial administrative guidelines, diverse national precepts of economics and politics, the interplay between the free market and multinational cartels and embargoes, and lastly, the personality of the trial judge. Shunning any pretense of passivity, Merhige initiated proceedings in the Westinghouse case by ignoring administrative protocol in order …

"Institutional Relationships Between Tribunals And Courts" Book Review Of Recent Developments In Administrative Law, Dianne Pothier

Dianne Pothier Collection

If one brings together 14 experts on administrative law to participate in a continuing legal education program on "Administrative Law": Recent Developments and Emerging Trends," there is the potential for either stimulating critical analyses or humdrum descriptive update. On reading the preface to this book, the product of such a program held at Toronto and Ottawa in November 1986, I was expective the former. In large measure, I was disappointed.

Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Bagley Corporation And Gerald H. Bagley V. Virginia Beach Federal Savings And Loan Association,Guaranty Northstate, Northstate Savings And Loan Of Southern Pines, Atlantic Permanent Federal, Jefferson Savings And Loan, William T. Blair, Jr., William H. Bandy, Harry H. Knickerbocker, T. Linwood May, Nancy Bolten, John Livingstone, J. Rutherford, The Jeremy, Ltd., Jeremy Service Corporation, And Associated Title Company, Inc : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

Appeal from an order dismissing plaintiff's derivative claims in the Third Judicial District, in and for Summit County, State of Utah, the Honorable Scott Daniels, District Court Judge, presiding.