Courts Commons^™

The Modern Misunderstanding Of Original Intent, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Book Review, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.

Interest Analysis As Constitutional Law, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

A Case For An Evolutionary Constitutionalism, Harry Tepker

Other Faculty Publications

No abstract provided.

December 1986 Correspondence Re: Opening Of New Lobby Exhibit: The First 100 Years-(1789-1889); The United States Attorneys For The Southern District Of New York, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.

Memo Re: Opening Of New Lobby Exhibit: The First 100 Years-(1789-1889); The United States Attorneys For The Southern District Of New York, Second Circuit Historical Committee

Committees

No abstract provided.

Commemorative Event #1: The Midnight Judge And Six Other Exhibits, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.

Project Proposal: Speakers’ Bureau, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.

Suggested Text For Marker For The Site Of Hamilton's Law Office, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.

Second Circuit Bicentennial Bulletin No. 1, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.

Committee Correspondence Regarding Public Education Program# 7, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.

Change In The Availability Of Federal Habeas Corpus: Its Significance For State Prisoners And State Correctional Programs, Franklin J. Remington

Michigan Law Review

Expressions of dissatisfaction with state prisoner use of federal writs of habeas corpus continue. Recently Attorney General Meese was reported as telling the Judicial Conference of the Seventh Circuit: "[M]ost of the writs filed today were frivolous 'recreational activities' [by inmates whom he referred to as 'lawyers in penitentiaries'] designed to harass federal authorities." Referring to the Reagan administration's proposal pending in the United States Senate to restrict habeas corpus, Mr. Meese said the bill "would preserve the great writ for appropriate cases."

Repeated, but as yet unsuccessful, efforts have been made in the Congress to narrow the scope of …

Memorandum Of Rjm Re: Report Of Subcommittee On Commemorative Events (Midnight Judges And Patents Projects), Roger J. Miner '56

Committees

No abstract provided.

Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56

Constitutional Law

No abstract provided.

Special Projects Subcommittee: Summary Of Project Proposal, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.

Outline For A Series Of Bicentennial Lectures And Forums, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.

Rock V. Arkansas, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

California V. Rooney, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Project ’87: To Celebrate And Contemplate The United States Constitution, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.

Remedies For Wage Discrimination, Ruth Gerber Blumrosen

University of Michigan Journal of Law Reform

The thesis of this Article is that wage discrimination can be remedied by the federal courts through a process that is both practical and efficient. This can be done, without turning the federal courts into wage control agencies or bankrupting the nation's employers, by treating the problem of wage discrimination in precisely the same manner as other forms of discrimination are treated. Our experience with different types of wage discrimination now permits us to generalize about the types of remedies that are appropriate to correct those typical forms of wage discrimination that have now been fully identified.

Tribal Court Jurisdiction Over Civil Disputes Involving Non-Indians: An Assessment Of National Farmers Union Insurance Cos. V. Crow Tribe Of Indians And A Proposal For Reform, Allison M. Dussias

University of Michigan Journal of Law Reform

This Note examines the issue of tribal court jurisdiction over cases in which both Indians and non-Indians are parties and discusses the Supreme Court's most recent statement on the issue. In National Farmers Union Insurance Cos. v. Crow Tribe of Indians, an Indian minor brought a personal injury action in Crow Tribal Court against a Montana school district operating a school on state-owned land within the Crow Reservation. The Supreme Court concluded that the tribal court itself should first determine whether it has the power to exercise civil subject-matter jurisdiction over non-Indian property owners in a tort case. Defendants …

Extended Voluntary Departure: Limiting The Attorney General's Discretion In Immigration Matters, Lynda J. Oswald

Michigan Law Review

Fifteen times in the past quarter-century, the Attorney General has decreed that aliens of certain nationalities could temporarily remain in the United States regardless of their visa status. Government officials have characterized these grants of blanket extended voluntary departure (EVD) as a means of protecting aliens from life-threatening conditions in their homelands. The Attorney General's actions were apparently undertaken for humanitarian reasons and went largely unnoticed by the public.

Part I of this Note defines EVD and distinguishes it from related forms of deportation relief. Part II describes the Employees Union court's holding. The evolution of American perceptions of immigration …

Judicial Notice: An Essay Concerning Human Misunderstanding, E. F. Roberts

Cornell Law Faculty Publications

Articles limning the law pertaining to judicial notice are legion, and the footnotes which have been cite checked by generations of law review editors must number in the thousands. These articles assume that reason, properly employed, produces correct answers. They assume that disagreements can be resolved by reason, because it is self-evident that any problem, once identified, can be solved. Reflected here are the presuppositions of lawyers brought up in the Western legal tradition.

What if one were to doubt that reason necessarily governed the behavior of lawyers? What if one doubted as well that all problems were susceptible to …

Reforming The Efficiency Criterion: Comments On Some Recent Suggestions, David G. Carlson

Cardozo Law Review

No abstract provided.

Policy Activism In The West Virginia Supreme Court Of Appeals, 1930-1985, John Patrick Hagan

West Virginia Law Review

No abstract provided.

The Perils Of Privilege: Waiver And The Litigator, Richard L. Marcus

Michigan Law Review

Waiver can be made less tricky, although it will never yield algebraic accuracy. Focusing on civil litigation, this article develops a framework for waiver decisions. It begins by stressing a factor that others have neglected - the costs generated by broad traditional waiver rules. These costs result largely from changes in lawyer behavior to reduce waiver risks. Thus, enormous energy can be expended to guarantee that privileged materials are not inadvertently revealed in discovery, and lawyers may adopt elaborate witness preparation strategies in order to prevent witnesses from seeing privileged materials. Judges also feel the burden; where waiver is at …

The Cost Of Acceptability: Blue Buses, Agent Orange, And Aversion To Statistical Evidence, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg

Articles

The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …

Nuclear Whistleblower Protection And The Scope Of Protected Activity Under Section 210 Of The Energy Reorganization Act, Stephen M. Kohn, Thomas Carpenter

Antioch Law Journal

In 1978 Congress amended the Energy Reorganization Act in order to protect whistleblowers - employees who disclose potential violations of nuclear health and safety laws - from retaliation by their employers. 1 Since passage of the nuclear whistleblower protection amendment, the circuit courts of appeals are divided over the issue of what constitutes protected activity.The U.S. Court of Appeals for the Fifth Circuit held in 1984 that an employee must contact a "competent organ of government" to be protected. 2 The U.S. Courts of Appeals for the Ninth and Tenth Circuits have disagreed, and have held that employees who disclose …

Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan

Antioch Law Journal

In January 1983, the United States Court of Appeals for the Eleventh Circuit decided the case of Hance v. Zant. Establishing a stringent standard apparently in line with the Supreme Court's requirement of heightened reliability in capital cases, the Eleventh Circuit reversed Hance's death sentence. The court held, inter alia, that the prosecutor's inflammatory closing argument at the end of the sentencing phase of the trial was violative of the eighth and fourteenth amendments. Six months later, in a group of four other death penalty cases, the United States Supreme Court dismissed challenges to the sentencing process.2 The Court held …