Courts Commons^™

Federal And State Regulation Of Activities Affecting Water Quality, Julia B. Epley

Western Water Law in Transition (Summer Conference, June 3-5)

54 pages.

Legal Implications Of Instream Flows And Other Nonconsumptive Uses, Steven J. Shupe

Western Water Law in Transition (Summer Conference, June 3-5)

14 pages.

The Public Trust Doctrine: Conflict With Traditional Western Water Law?, Harrison C. Dunning

Western Water Law in Transition (Summer Conference, June 3-5)

24 pages.

Contains references.

Inefficiency, Waste, And Loss: Water Supplies Of The Future?, John W. Krautkraemer

Western Water Law in Transition (Summer Conference, June 3-5)

24 pages.

Contains references.

Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center

Western Water Law in Transition (Summer Conference, June 3-5)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Jr., Lawrence J. MacDonnell, Richard B. Collins, David H. Getches and Charles F. Wilkinson.

The prior appropriation doctrine has governed the allocation and use of water in the western United States since the 1850s. The shifting nature of water demand is bringing about changes in the traditional legal system. This conference will consider the fundamental principles of the prior appropriation doctrine together with the important new developments in the law now underway throughout the West.

The Prior Appropriation System In Western Water Law: The Law Viewed Through The Example Of The Rio Grande Basin, James N. Corbridge Jr., Charles F. Wilkinson

Western Water Law in Transition (Summer Conference, June 3-5)

17 pages.

Contains references.

Administering Water Rights: The Permit System, Lawrence J. Wolfe

Western Water Law in Transition (Summer Conference, June 3-5)

69 pages.

Contains references.

Administering Water Rights: The Colorado System, Raymond L. Petros

Western Water Law in Transition (Summer Conference, June 3-5)

140 pages (includes illustrations and maps).

Contains bibliography.

Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Motions For Appointment Of Counsel And The Collateral Order Doctrine, Michigan Law Review

Michigan Law Review

This Note argues that denials of motions for appointment of counsel should be immediately appealable under the collateral order exception to 28 U.S.C. § 1291. Part I examines the extent to which the collateral order doctrine modifies the finality rule. It argues that recent Supreme Court decisions that at first appear to have narrowed the doctrine have in fact only restated it. Part II applies the collateral order doctrine to orders denying appointment of counsel, concluding that such denials qualify for immediate review. Part III argues that policy considerations support this conclusion.

The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow

Faculty Scholarship

No abstract provided.

Premenstrual Syndrome As A Criminal Defense: The Need For A Medico-Legal Understanding, Candy Pahl-Smith

North Carolina Central Law Review

No abstract provided.

Forcing Attorneys To Represent Indigent Civil Litigants: The Problems And Some Proposals, Greg Stevens

University of Michigan Journal of Law Reform

This Note argues that uncompensated court appointments represent an unsatisfactory means to provide counsel for indigents. Part I discusses the policy arguments for and against forced, uncompensated court appointments. Part I concludes that the arguments against these appointments outweigh the arguments in favor of them. Part II argues that they violate the Constitution's prohibitions against uncompensated takings and involuntary servitude. Part III offers a proposal that would provide effective representation for indigent civil litigants, while avoiding infringement of attorneys' constitutional rights.

On The Threshold Of Wainwright V Sykes: Federal Habeas Court Scrutiny Of State Procedural Rules And Rulings, Michigan Law Review

Michigan Law Review

This Note examines specific problems which stand on the threshold of Wainwright v. Sykes. Resolution of these problems is necessary to determine whether a state ruling is based upon an adequate state procedural ground, requiring application of the cause-and-prejudice test before habeas review will be permitted. Part I analyzes the rationale for the rule of Wainwright v. Sykes as well as its historical underpinnings. Part II examines the treatment of state court decisions that are based both on a defaulted claim and, in the alternative, on the merits of that claim. This Part concludes that decisions containing such alternative …

Book Review Of The Second American Revolution, Neal Devins

Faculty Publications

No abstract provided.

Book Review Of Why Courts Don't Work, Maynard E. Pirsig

Journal of Legal Education

No abstract provided.

Book Note Of The Role Of Courts In American Society: Council On The Role Of Courts, Stephen B. Reynolds

Journal of Legal Education

No abstract provided.

Muddying The Unclear Waters Of Standing: Allen V. Wright, Larry S. Jenkins

BYU Law Review

No abstract provided.

Measuring The Costs Of Civil Justice, Edward Brunet

Michigan Law Review

A Review of Costs of the Civil Justice System: Court Expenditures for Various Types of Civil Cases by J.S. Kakalik and R.L. Ross

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

Money And Justice: Who Owns The Courts?, Michigan Law Review

Michigan Law Review

A Review of Money and Justice: Who Owns the Courts? by Lois G. Forer

Understanding The Jury With The Help Of Social Science, Stephen Saltzburg

Michigan Law Review

A Review of Inside the Jury by Reid Hastie, Steven Penrod and Nancy Pennington

News Of Crime: Courts And Press In Conflict, Michigan Law Review

Michigan Law Review

A Review of News of Crime: Courts and Press in Conflict by J. Edward Gerald

Volume 52

Tennessee Law Review

No abstract provided.

Beyond Carolene Products, Bruce A. Ackerman

Addison Harris Lecture

No abstract provided.

Federal Jurisdiction, Thomas E. Baker

Faculty Publications

No abstract provided.

The Definition Of A Security Under The Federal Securities Law Revisited, M. Thomas Arnold

Cleveland State Law Review

The United States Supreme Court recently decided two cases involving the definition of "security" as used in the federal securities acts. In this brief case comment I will summarize the majority and dissenting opinions in Landreth Timber Co. v. Landreth, and Gould v. Ruefenacht . I will then comment on some of the policy questions raised by the cases, and conclude by evaluating how much guidance the two cases provide on the proper definition of "security".

The Burger Court And Prosecutorial Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Professor Gershman critically examines a series of recent Supreme Court decisions dealing with prosecutorial misconduct. In each case, the Court reversed the lower court and reinstated the conviction.

There are a broad range of issues involved; from suppression of evidence to trial misconduct. As a former prosecutor in New York City, the author is forced to conclude that, "Prosecutorial misconduct occurs because it works and because sanctions for misbehavior are virtually nonexistent."

Review Of The Justice Of The Western Consular Courts In Nineteenth Century Japan, Whitmore Gray

Reviews

Richard Chang attacks the generalization accepted by many historians that the Western consular tribunals in nineteenth-century Japan were so partial- toward West- erners and against Japanese-that they seldom rendered evenhanded justice. His study required two steps. First he tried to determine how many "mixed" cases came to trial-cases in which aJapanese brought a claim against a foreign resident in a consular court or was the complaining party in criminal proceedings against a foreigner. Between 1875 and 1895 there were five such cases that were widely reported and commented on at the time, and that have often been cited as examples. …

Remarks, Judicial Conference Of The Second Circuit, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.