Courts Commons^™

Testing The Limits Of Law Enforcement, James J. Fyfe

Michigan Law Review

A Review of The Limits of Law Enforcement by Hans Zeisel

Court Reform From Bail To Jail, Wade H. Mccree Jr.

Michigan Law Review

A Review of Court Reform on Trial: Why Simple Solutions Fail by Malcolm M. Feeley

Volume 51

Tennessee Law Review

No abstract provided.

Tax Accrual Workpapers: Protected By A Limited Privilege?, Patricia D. White

Articles

United States of America

v.

Arthur Young & Company and Amerada Hess Corporation

(Docket No. 82-687)

To be argued January 16, 1984

The Good, The Bad, And The Burger Court: Victims' Rights And A New Model Of Criminal Review, 75 J. Crim. L. & Criminology 363 (1984), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Inculpatory Statements Against Penal Interest: State V. Parris Goes Too Far, James E. Beaver, Cheryl Mccleary

Seattle University Law Review

This article first demonstrates that courts historically did not trust penal interest statements in general, and that courts were extremely suspicious of any statements by a third party that implicated the defendant. Since Washington adopted Federal Rule of Evidence 804(b)(3) verbatim, this article then analyzes the legislative history of the rule. The article concludes that the legislative history favored exclusion of inculpatory statements but that Congress failed to codify the exclusion because of unrelated problems. Finally, the article discusses the confrontation clause problems that arise when inculpatory statements are allowed into evidence. This article argues that the Parris holding should …

The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader

UIC Law Review

No abstract provided.

Too Many Rights Or Not Enough--A Study Of The Juvenile Related Decisions Of The West Virginia Supreme Court Of Appeals, Paul Mones

West Virginia Law Review

No abstract provided.

Juries, Susan E. Morton

West Virginia Law Review

No abstract provided.

Decision-Making In The United States Court Of Appeals, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

Slavery And The Federal Courts, Roger J. Miner '56

Court Conferences and Events

No abstract provided.

The United States District Court For The Northern District Of New York — Its History And Antecedents, Roger J. Miner '56

Court Conferences and Events

No abstract provided.

Memorial Ceremony Of Hon. Henry F. Werker, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.

Personal Jurisdiction In Federal Question Suits: Toward A Unified And Rational Theory For Personal Jurisdiction Over Non-Domiciliary And Alien Defendants, Irene D. Johnson

Elisabeth Haub School of Law Faculty Publications

No coherent or cohesive procedure or theory has emerged either in regard to the entire question of personal jurisdiction in federal courts or in regard to federal question cases. The cases and courts are in disarray, both as to when a federal standard should apply to the question of amenability to service of process and as to what a federal standard might require. The purpose of this article is to examine the problem in the context of the various types of cases in which it might arise and to prescribe some consistent, sensible scheme of personal jurisdiction in federal question …

Sentencing Discretion: Current Trial And Appellate Court Perspectives In Idaho, Donald L. Burnett Jr.

Articles

No abstract provided.

A Modest Proposal For A Change In Maryland's Statutes Quo, Melvin J. Sykes

Maryland Law Review

No abstract provided.

Is The Section 1983 Civil Rights Statute Overworked? Expanded Use Of Magistrates--An Alternative To Exhaustion, Brian P. Owensby

University of Michigan Journal of Law Reform

Part I of this Note discusses the history and purpose of section 1983 and identifies the danger unmanaged growth of 1983 suits poses to civil rights. Part II examines several judicial responses to the 1983 caseload problem and concludes that congressional action is more appropriate. Parts III and IV explore two areas of possible legislative action. Part III questions the efficacy of a legislatively imposed requirement that the claimant exhaust state administrative remedies as a prerequisite to a 1983 suit in federal court. Part IV proposes an alternative congressional response to the 1983 caseload problem: a carefully tailored use of …

Cancer And Toxic Substances: The Problem Of Causation And The Use Of Epidemiology, Junius C. Mcelveen Jr., Pamela S. Eddy

Cleveland State Law Review

This article seeks to illuminate the difficulties in finding causation between cancer development and toxic substances. Section II gives a brief history of cancer in society as well as an introduction to the biological cancer mechanism, and highlights our general lack of knowledge about cancer. Section III takes a brief look at some occupations and environmental factors that have been suggested causes of cancer. Section IV discusses in depth the problems with establishing association between toxic substances and cancer, especially in establishing causal significance. Section V analyzes how the epidemiology of disease and toxic substances is treated by courts. Section …

The Arkansas Marital Property Statute And The Arkansas Appellate Courts: Tiptoeing Together Through The Tulips, Ora Fred Harris Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Restrictions On Public Broadcasters' Rights To Editorialize, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Voir Dire: Questioning Prospective Jurors On Their Willingness To Follow The Law, James H. Gold

Indiana Law Journal

No abstract provided.

Legislative History In Washington, Arthur C. Wang

Seattle University Law Review

This Comment begins with an examination of court usage of Washington State legislative history and illustrates the lack of consistent judicial standards for acceptance of evidence of legislative intent. It then describes a systematic process that lawyers may use to identify and obtain relevant legislative history in Washington, and at the same time, points out defects in the record-keeping system. It concludes with recommendations to the Washington State Legislature to improve the accessibility and usefulness of state legislative history. Adoption of these recommendations would not only aid the legal researcher, but also provide the legislature with a better means to …

On Unpublished Opinions, Edwin R. Render

Kentucky Law Journal

No abstract provided.

Are Targets Of Sec Investigations Entitled To Notice Of Subpoenas Issued To Third Parties?, Carole Silver

Articles by Maurer Faculty

No abstract provided.

A Conceptual Framework For Extradition And Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley

Scholarly Works

International law is the language by which nations assert and attempt to resolve competing legal interests. As with any other language, if the definitions of essential concepts become muddled, it is difficult to communicate. The traditional bases of jurisdiction over extraterritorial crime are essential concepts in the language of international law. The decision to grant or deny extradition, for example, often depends on whether the interested nation recognizes the basis of jurisdiction asserted by another. Confusion over the traditional bases of jurisdiction therefore risks disagreement over and denial of extradition.

United States courts have recently expanded the traditional bases of …

The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker

Articles & Book Chapters

The author reviews the historical development of the decision-making frameworks within which courts and the Legislature have made choices regarding the allocation of risks to health and safety in the workplace. Arguing that this development has been conditioned by the necessity of satisfying in a capitalist democracy conflicting demands to facilitate capital accumulation and to justify to the electorate the manner in which choices regarding the structure of the processes of production have been made, the author contends that recent pressure to adopt cost-benefit analysis to satisfy the demands of legitimation and accumulation, and challenges its adequacy as a normative …

Controlling The Structural Injunction, Robert F. Nagel

Publications

No abstract provided.

The Federal Court Across The Street: Constitutional Limits On Federal Court Assertions Of Personal Jurisdiction, Pamela J. Stephens

University of Richmond Law Review

Twenty years ago, in a clear break with accepted theory, it was suggested that there were certain constitutional limitations on a federal court's authority to exercise personal jurisdiction. Such a departure from the traditional view might be expected to prompt an extensive examination of that issue by commentators. However, while assertions of personal jurisdiction by state courts have been the subject of intense scrutiny and ongoing constitutional refinements, this has not been the case regarding assertions of personal jurisdiction by federal courts. Generally, federal district courts sitting in diversity cases must look to personal jurisdiction limitations inherent in the state …

Rethinking Self-Incrimination In Great Britain, Mark Berger

Faculty Works

No abstract provided.

From O'Callahan To Chappell: The Burger Court And The Military, Stephen J. Kaczynski

University of Richmond Law Review

In 1969, the United States was deeply committed to a ground war in Southeast Asia in which the suffering and death was brought home daily to the American television viewer. Distrust of the military was never higher, as the repeated assertions of the imminent collapse of the enemy had apparently been graphically belied a year earlier in the Tet Offensive. As a newly elected President pledged to bring "peace with honor" to a war which seemed amenable to neither, Justice Douglas announced the decision of the Court in O'Callahan v. Parker.