Courts Commons^™

Confessions, Yale Kamisar

Book Chapters

The entry for 'Confessions' in the Encyclopedia of Crime and Justice, 1983

Collaboration Between Lawyers And Mental Health Professionals: Making It Work, Donald N. Duquette

Book Chapters

Many questions presented to the court in child welfare cases are resolved with the direction, professional advice, and judgment of mental health professionals. Lawyers and judges look to a number of different professions for this guidance; chief among them are psychiatrists, psychologists, and clinical social workers. The focus of this chapter is on ways for lawyers to enhance and improve the performance of the mental health professionals in the courtroom.

This chapter presents a step-b/step process for lawyer collaboration with mental health professionals in child protection and foster care cases, which is relevant for attorneys representing the child welfare agency, …

The Judge's Role In Fostering Voluntary Settlements, Thomas D. Lambros

Villanova Law Review (1956 - )

No abstract provided.

Ancillary Relief In Federal Securities Law: A Study In Federal Remedies, George W. Dent

Faculty Publications

After describing the history and current practice of ancillary relief in federal securities law, this Article analyzes the general law of federal remedies and ancillary relief, including ancillary relief in other areas of administrative law, recent developments in federal equity, statutory interpretation, and federal common law, and implied statutory remedies. The Article then examines pertinent aspects of the federal securities laws, including their legislative history and recent judicial interpretations. On this basis the Article recommends both a general approach to ancillary relief in federal securities law and responses to problems of specific remedies. Finally, the Article discusses ancillary relief under …

Colorado's Answer To The Local Rules Problem, William H. Erickson

University of Michigan Journal of Law Reform

This Article examines the checkered history of local rules in the state and federal courts. Part I sketches the development of local rule-making power. Part II focuses on the abuses that have resulted from a nonuniform procedural system. It concludes that the most serious consequence of that abuse - an increase in court costs and delay - has not been addressed adequately by the courts. Part III explores ways in which the local rules problem can be brought under control. Although a number of proposals are discussed, the purpose of this section is to present the approach recently undertaken by …

Appellate Caseload: Meeting The Challenge In Rhode Island, Joseph R. Weisberger

University of Michigan Journal of Law Reform

Two of the most challenging and frustrating problems facing appellate courts in America are increasingly congested dockets and the sluggish pace of litigation. In an effort to combat these problems, the Supreme Court of Rhode Island has recently initiated several procedural techniques for screening and settling criminal and civil cases on appeal. These techniques have proven highly effective and should provide other appellate courts at least a partial answer to the burgeoning appellate caseload.

Court-Annexed Arbitration, A. Leo Levin

University of Michigan Journal of Law Reform

Court-annexed arbitration is utilized more extensively today than ever before. It commands widespread and increasing interest, not only because it serves the litigants well, but also because it offers to beleaguered courts a measure of relief from seriously overburdened dockets. This Article examines the use of court-annexed arbitration as an alternative method of dispute resolution. Part I describes how court-annexed arbitration works and the goals it is designed to achieve. Part II focuses on what the actual experience with court-annexed arbitration has been. Utilizing data from a recent empirical study on court-annexed arbitration by the Federal Judicial Center, this section …

Civil Procedure: A Review Of The Published Opinions Of The United States Court Of Appeals For The Seventh Circuit For The 1981-82 Term, 59 Chi.-Kent L. Rev. 475 (1983), Edward B. Arnolds, Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

Iii. Recent French Extradition Cases, Michigan Journal Of International Law

Michigan Journal of International Law

This section of the appendix contains the first published collection of recent French extradition cases dealing with the application of the political offense exception to terrorists. Because of the selective fashion in which French decisional law is reported, many French extradition cases are never reproduced in any French case reporter. The purpose of this appendix is to provide an English speaking audience with the substance of opinions which are otherwise nearly impossible to obtain. The editors hope that this collection will aid comparative research and contribute to an informed debate on the political offense exception.

Protecting The Rights Of The Requested Person In Extradition Proceedings: An Argument For A Humanitarian Exception, Leslie Anderson

Michigan Journal of International Law

This article will first define the types of post-extradition treatment which requested persons have raised as requiring judicial attention. It will next survey judicial responses to these claims and then consider the scope of executive review. The article concludes that the courts have exaggerated the range of executive discretion to deny extradition. As extradition currently operates in the United States, there is the serious possibility that a bona fide claim of unfair treatment would not receive adequate consideration by either the judicial or executive branch.

The Meaning Of Judicial Self-Restraint, Richard A. Posner

Indiana Law Journal

No abstract provided.

The Appealability Of Federal Court Orders Denying Stays In Deference To Concurrent State Court Proceedings, Tracy Thomas Larsen

Indiana Law Journal

No abstract provided.

Contract Formation Jurisdiction Of The United States Claims Court, Joel R. Feidelman, Josephine L. Ursini

Cleveland State Law Review

This new United States Court of Appeals for the Federal Circuit has jurisdiction over appeals in contract and patent infringement cases. The former Court of Claims' trial division has also been replaced with a new United States Claims Court. This court, inter alia, has been invested with the jurisdiction to conduct trials in contract and patent cases. Of particular interest to the government contracting community, is the provision of the Act regarding the contract formation or pre-award jurisdiction of the new Claims Court. The Claims Court has the potential to provide the most effective forum for the resolution of protests …

Is The United States Claims Court Constitutional?, Joan E. Baker

Cleveland State Law Review

This article will deal with two major constitutional problems that have resulted from the creation of the Claims Court. The first issue is the constitutionality of the appointment of existing Court of Claims Commissioners to be judges on the Claims Court during a four-year "transition" period. By legislatively designating the persons who are to serve as judges on the new court, Congress has usurped the presidential appointment power. The second issue relates to the constitutional status of the Claims Court. The Court of Claims which it replaces was created under article III of the Constitution, and the judges on it …

Procedural Unvertainty Attending The Assertion Of The Political Offense Exception In Extradition Hearings, Charles R. Meyer Iii

Michigan Journal of International Law

The American approach to the political offense exception to extradition is under increasing attack. Unfavorable commentary, sparked in part by the recent decision In re McMullen, has noted the confusion present in the operation of the exception. This article will trace some of the difficulties to the uncertain procedural burdens of raising and proving the exception in the judicial hearing. The current practice should be reformed to ameliorate the confusion. To this end, the United States Congress or Supreme Court must intervene to unify the procedural approaches taken by U.S. magistrates with respect to raising and proving the political …

The New United States Claims Court, Philip R. Miller

Cleveland State Law Review

Effective October 1, 1982, after a life span of approximately 117 years, the existence of the United States Court of Claims was terminated by the Federal Courts Improvement Act of 1982. This article discusses the new Claims Court, starting with a discussion of its jurisdiction in Section II. Section III then elaborates on the procedure of the claims court, including: assignment of cases, place of trial, rules of evidence, pre-trial procedures, discovery, trial, oral argument, and post-trial procedure. Then Section IV explains the appeals process for cases decided in the Claims Court, and Section V finishes with a discussion of …

Local Rules And Procedures Of The United States Court Of Appeals For The Federal Circuit, George E. Hutchinson, Ernest C. Baynard Iii

Cleveland State Law Review

The Federal Courts Improvement Act of 1982 abolished the United States Court of Claims and the United States Court of Customs and Patent Appeals and created the United States Court of Appeals for the Federal Circuit (CAFC) and the United States Claims Court. The Act provided for an advisory committee to be appointed by the CAFC in order to study the proposed rules of practice and internal operating procedures of the court. The recommendations of the advisory committee were given considerable weight when the court promulgated the Rules of the United States Court of Appeals for the Federal Circuit (CAFC …

Honoring Judge Tuttle's Vision Of The Law, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Economical Litigation: Kentucky's Answer To High Costs And Delay In Civil Litigation, C. Lynn Oliver

Kentucky Law Journal

No abstract provided.

Judicial V. Legislative Power In Kentucky: A "Comity" Of Errors, Douglas L. Mcswain

Kentucky Law Journal

No abstract provided.

Reducing Court Costs And Delay: An Overview, Leonard S. Janofsky

University of Michigan Journal of Law Reform

The American legal system is unparalleled in its efforts to protect individual rights. A citizen's access to the legal system provides the basis for our government of laws. Yet, it must be recognized that serious problems confront the American system and persist despite a long history of efforts at reform by the organized bar, the judiciary, and other interested parties. Years of delay exist in many of the nation's busiest courts. The cost of maintaining or defending a suit has grown at an alarming rate. These infamous twin evils - delay and cost - do more than belie the standard …

An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador

University of Michigan Journal of Law Reform

The recent litigation explosion presents a two-pronged dilemma for American appellate courts. If, on the one hand, the number of appellate judges is not expanded to keep abreast of growing case loads, there is a risk that courts will rely too heavily on professional staff, thereby watering down the decision-making process. If, on the other hand, the number of judges is proportionately increased with the growth in appellate litigation, the number of three-judge decisional units will also increase, thereby threatening predictability and uniformity in the law of the jurisdiction. This Article undertakes to explain that dilemma and to offer a …

Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper

University of Michigan Journal of Law Reform

The purpose of this Article is to explore these issues in light of Sacramento's experience with the expedited appeal procedure. The data presented here are drawn from an evaluation of the first twelve months of the procedure's operation. This evaluation was based on court records of the more than one hundred cases that followed the expedited procedure to completion, in-person interviews with members of the court and court staff, and telephone interviews with participating attorneys. Part I briefly sets out the new procedure and the context in which this procedure was introduced and integrated. Part II discusses the conclusions that …

The Organized Bar: A Catalyst For Court Reform, Paul R.J. Connolly

University of Michigan Journal of Law Reform

This Article theorizes that state and local bar associations can play a vital role in ridding their courts of excessive costs and delay. Theory can become practice, however, only if state and local bars are reorganized to broaden their oversight and lobbying functions, in order to make them more effective vehicles of reform. This Article, then, discusses the role the organized bar can and should play in achieving procedural reform that will reduce the delay and cost of litigation. Part I describes the various stages of the reform process, using the Kentucky experiment as a model, and outlines the contributions …

Expository Justice, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The task of the federal judiciary is seriously complicated by the fact that it has to play one role while pretending to play another. We ask the courts to pretend that they are resolving disputes between parties, but what we really want them to do is tell us how to conform our behavior to our fundamental values. Society needs a branch of government to implement its fundamental values, and the federal judiciary is well suited to that task because it possesses the precise balance of autonomy and public accountability needed to perform the function properly.

However, the dispute resolution charade …

Medical Dependency In Arizona, Mary E. Berkheiser

Scholarly Works

Analysis of In re Cochise County Juvenile Action No. 5666-J, 650 P.2d 459 (Ariz. 1982).

Inevitable Errors: The Preponderance Of The Evidence Standard In Civil Litigation, James Brook

Articles & Chapters

No abstract provided.

The Sovereign People, Minority Rights And State Judiciaries : An Historical Study Of Tocqueville's Majoritarian Thesis, Erica Goodwin

Dissertations and Theses

In the decade of the 1830's, Alexis de Tocqueville published a perceptive analysis of America in the Jacksonian era, which focused upon the customs, manners and intellectual habits of its citizens, and their social condition as seen through its political institutions. He advanced the proposition--a paradox of democracy--that equality of condition was as compatible with tyranny as with freedom. The social consensus, which stemmed from the wide acceptance of doctrine of equality and common wants and interests, when brought to bear upon legislator and judge, public official, juryman, and the non-conforming individual, he termed the "tyranny of the majority."

No Light At The End Of The Pipeline: Confusion Surrounds Legislative Courts, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Section 14(E) Of The Williams Act And The Rule 10b-5 Comparisons, Mark J. Loewenstein

Publications

The passage of the Williams Act in 1968 added a set of provisions to the Securities Exchange Act of 1934 to govern tender offers. In this article, Professor Loewenstein examines the antifraud provision of the Williams Act, codified as section 14(e) of the Securities Exchange Act of 1934, and the development of decisional law under it. After discussing the propriety of inferring a private cause of action from section 14(e), Professor Loewenstein argues that the judiciary's reliance on rule 10b-5 precedents to set the bounds of the 14(e) cause of action is unwarranted. He concludes: 1) that scienter should not …