Courts Commons^™

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.

The Phoenix Court, Howard T. Markey

Cleveland State Law Review

Like the famed Phoenix, the United States Court of Appeals for the Federal Circuit rose on October 1, 1982, from the ashes of two former courts. On that day, the 127 year old United States Court of Claims and the 73 year old United States Court of Customs and Patent Appeals went out of existence, leaving a history of outstanding contributions to the administration of justice. Though every federal court serves the role on numerous occasions, the Court of Appeals for the Federal Circuit should in a special way earn the title of "The Conscience of the Government." This article …

Beyond Cases: Reconsidering Judicial Review, Janet S. Lindgren

Journal Articles

No abstract provided.

The Silent Revolution, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

Review Of The New Deal Lawyers, By Peter H. Irons, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This article reviews The New Deal Lawyers by Peter H. Irons (1982).

The government lawyers who helped shape and defend New Deal agencies have received little attention from scholars. Any oversight has now, however, been redressed. The New Deal Lawyers provides a detailed and careful study of the litigation process that preceded the New Deal's 1937 court triumphs. Peter Irons' book focuses on the activities of three key agencies and their general counsels: the National Recovery Administration (NRA) and Donald Richberg; the Agricultural Adjustment Administration (AAA) and Jerome Frank; and the National Labor Relations Board (NLRB) and Charles Fahy. Each …

The War On Diversity, John W. Reed

Other Publications

Over the past decade or more there have been strong pressures to abolish the diversity jurisdiction of the federal courts. With the strong backing of the prestigious American Law Institute and many scholars, and with the support of the Chief Justice, Senator Kennedy, and others, specific proposals have been introduced in Congress, have been discussed at enormous length, and have passed one or the other House but not both. At the moment, therefore, we still have diversity jurisdiction, and it is safe to predict that abolition of diversity will not occur during the present session of Congress. Nevertheless, the long-term …

The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein

Articles

In this article, which both summarizes and updates an extensively footnoted article published last year ("Reformation of Wills on the Ground of Mistake: Change of Direction in American Law?" 130 University of Pennsylvania Law Rmiew 521 (1982)), we report on this new case law and discuss the analytic framework that we think it suggests and requires.

Cable Television Monopoly And The First Amendment, Jordan S. Stanzler

Cardozo Law Review

No abstract provided.

Salvage And The Public Interest, Steven F. Friedell

Cardozo Law Review

No abstract provided.

The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins

Cardozo Law Review

No abstract provided.

The Transformation In Senate Response To Supreme Court Nominations: From Reconstruction To The Taft Administration And Beyond, Richard D. Friedman

Cardozo Law Review

No abstract provided.

Constitutional Criminal Procedure, Thomas E. Baker

Faculty Publications

No abstract provided.

A Primer On Precedent In The Eleventh Circuit, Thomas E. Baker

Faculty Publications

This article is the third and final article in a series of articles written by Professor Baker considering the problems of precedent created by the Fifth Circuit Court of Appeals Reorganization Act of 1980. The Act divided the former Fifth Circuit into two autonomous judicial circuits: the new Fifth Circuit, composed of the District of the Canal Zone, Louisiana, Mississippi, and Texas, and the new Eleventh Circuit, composed of Alabama, Florida, and Georgia. In this article, Professor Baker seeks to provide an introduction to how the new Eleventh Circuit has treated antecedent Fifth Circuit precedents. First, Professor Baker identifies and …

Presidential Immunity From Civil Liability, Aviva A. Orenstein

Articles by Maurer Faculty

No abstract provided.

First National Maintenance V. Nlrb: Limiting The Mandatory Duty To Bargain, Augusta Scribner

Antioch Law Journal

In First National Maintenance Corp. v. NLRB I the United States Supreme Court further limited the subjects that require mandatory collective bargaining. 2 The Court overruled a long-standing National Labor Relations Board policy that required an employer to bargain about the decision to partially close its business. 3 The Court formulated a new balancing test that weighs the employer's need to maintain the freedom to manage its business against the benefit to labor-management relations and the collective bargaining process.

Review Article Of Law Clerks And The Judicial Process: Perceptions Of The Qualities And Functions Of Law Clerks In American Courts, J. Harvie Wilkinson Iii

Journal of Legal Education

No abstract provided.

Judge Miner To Be Honored (Register Star), Register Star

News Articles

No abstract provided.

Karu Gene White V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0489

1980-1989

No abstract provided.

Is The Supreme Court On The Reagan Team?, Neal Devins

Popular Media

No abstract provided.

Fair Trial And Free Press—Washington Conditions Media Access To The Courtoom—Federated Publications, Inc. V. Swedberg, 96 Wn. 2d 13, 633 P.2d 74 (1981), Cert. Denied, 102 S. Ct. 2257 (1982), Lynne Adrienne Chafetz

Washington Law Review

During a prosecution for attempted murder, the trial judge determined that detailed reporting of the pretrial suppression hearing would jeopardize the defendant's right to a fair trial. Judge Swedberg therefore conditioned the media's attendance on their agreement to abide by the 1974 Washington State Bench-Bar-Press Guidelines. Federated Publications, publisher of the Bellingham Herald, refused to sign the agreement and refused to allow its reporters to attend solely in a nonprofessional capacity. It argued that conditioning media attendance on compliance with the Bench-Bar-Press Guidelines constituted a prior restraint and that the trial judge exceeded his power by excluding nonsigning media representatives. …

Book Review: Federal Rulemaking, Jeffrey A. Parness

Vanderbilt Law Review

In the 1979 Annual Report on the State of the Judiciary'Chief Justice Burger called for a fresh look at the entire federal rule making process. Following the Chief Justice's lead, the Federal Judicial Center' responded with a report by Winifred R. Brown entitled Federal Rulemaking: Problems and Possibilities. In a foreward to that report Professor A. Leo Levin, the Federal Judicial Center's director, discouraged any attempt to intiate "a thorough review of the strengths and weaknesses of the process," and advised the author instead to focus "on those aspects of the process that had been singled out for criticism and …

Gary Wayne Wilson V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0489

1980-1989

No abstract provided.

Karu Gene White V. Commonwealth Of Kentucky, Appendix 1980-Sc-0489

1980-1989

No abstract provided.

Bush V. Lucas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Methodological Issues In The Evaluation Of "Experiments" With Cameras In The Courts, Dan Slater, Valerie P. Hans

Cornell Law Faculty Publications

Evaluations of "experiments" of extended media coverage of the courts, i.e., cameras in the courts, have relied upon survey research. The authors argue that such evaluations have been inadequate and future evaluations need to compare conventional media coverage vs. extended media coverage using field experimental research designs.

Communication In The Courtroom: Jury Instructions, Michael J. Farrell

West Virginia Law Review

No abstract provided.

Current Writing On Legal Education, Roger C. Cramton, Barbara Marshment

Journal of Legal Education

No abstract provided.

Fair Credit Reporting Act: Is A Grand Jury Subpoena A Court Order?

Washington and Lee Law Review

No abstract provided.

An Early Opinion Of An Arkansas Trial Court, Morris S. Arnold

University of Arkansas at Little Rock Law Review

No abstract provided.

How Courts Govern America, H. John Rogers

West Virginia Law Review

No abstract provided.