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Articles 12661 - 12690 of 16485
Full-Text Articles in Courts
Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen
Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen
Faculty Scholarship
The Massachusetts Rules of Criminal Procedure became effective on July 1, 1979. While many of their provisions helpfully codify previously existing practice and case law, the Rules have in some areas effected a major transformation of criminal procedure. This article examines the changes wrought by the Rules in the pretrial arena, with emphasis on those areas that remain somewhat unfamiliar to the practitioner or untested against constitutional challenge in the courts. While the Rules appear to have done an admirable job of simplifying and rationalizing the criminal trial process, their emphasis on mutuality and reciprocity have in some cases created …
Adjusting To The Managerial Revolution: The Law Of Corporations In The Federal Courts Of Delaware 1900-1941, Stephen B. Presser, Richard E. Simpson
Adjusting To The Managerial Revolution: The Law Of Corporations In The Federal Courts Of Delaware 1900-1941, Stephen B. Presser, Richard E. Simpson
William & Mary Law Review
No abstract provided.
Standing Versus Justiciability: Recent Developments In Participatory Suits Brought By Congressional Plaintiffs, David G. Mangum
Standing Versus Justiciability: Recent Developments In Participatory Suits Brought By Congressional Plaintiffs, David G. Mangum
BYU Law Review
No abstract provided.
The Scope Of The All Writs Power, Robert T. Mann
The Scope Of The All Writs Power, Robert T. Mann
Florida State University Law Review
No abstract provided.
Judicial Proposals To Limit The Jurisdictional Scope Of Federal Post-Conviction Habeas Corpus Consideration Of The Claims Of State Prisoners, R. Nils Olsen Jr.
Judicial Proposals To Limit The Jurisdictional Scope Of Federal Post-Conviction Habeas Corpus Consideration Of The Claims Of State Prisoners, R. Nils Olsen Jr.
Buffalo Law Review
No abstract provided.
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
Indiana Law Journal
No abstract provided.
Basis Of Liability In A Section 1983 Suit: When Is The State-Of-Mind Analysis Relevant?, William A. Lockhart
Basis Of Liability In A Section 1983 Suit: When Is The State-Of-Mind Analysis Relevant?, William A. Lockhart
Indiana Law Journal
NOTE: A printing error labeled this issue Spring 1982, it should have been labeled Summer 1982
Property—Zoning—The Courts Further Define Their Limited Role, Audrey Riemer Evans
Property—Zoning—The Courts Further Define Their Limited Role, Audrey Riemer Evans
University of Arkansas at Little Rock Law Review
No abstract provided.
Law Clerks And The Judicial Process: Perceptions Of The Qualities And Functions Of Law Clerks In American Courts, Michigan Law Review
Law Clerks And The Judicial Process: Perceptions Of The Qualities And Functions Of Law Clerks In American Courts, Michigan Law Review
Michigan Law Review
A Review of Law Clerks and the Judicial Process: Perceptions of the Qualities and Functions of Law Clerks in American Courts by John B. Oakley and Robert S. Thompson
Cameras In The Courtroom And Due Process: A Proposal For A Qualitative Difference Test, Jeremy Cohen
Cameras In The Courtroom And Due Process: A Proposal For A Qualitative Difference Test, Jeremy Cohen
Washington Law Review
The issue of cameras in the courtroom is at a crossroads. Many criminal defendants tried in the presence of the electronic media have claimed that they were denied due process, yet neither the Washington courts nor the federal courts have adequately defined the standards under which these claims will be evaluated. This failure to reach a definition has left the courts unable to state why cameras will be permitted at one trial and not at another. Creating standards to determine when the presence of cameras denies a defendant due process is not an easy task. The most promising judicial approach …
Judicial Reform And The Pound Conference Of 1976, J. Clifford Wallace
Judicial Reform And The Pound Conference Of 1976, J. Clifford Wallace
Michigan Law Review
A Review of The Pound Conference: Perspectives on Justice in the Future edited by A. Leo Levin and Russell R. Wheeler
How Courts Govern America, Michigan Law Review
How Courts Govern America, Michigan Law Review
Michigan Law Review
A Review of How Courts Govern America by Richard Neely
Courts Of Appeals In The Federal Judicial System, Michigan Law Review
Courts Of Appeals In The Federal Judicial System, Michigan Law Review
Michigan Law Review
A Review of Courts of Appeals in the Federal Judicial System by J. Woodford Howard, Jr.
American Trial Judges, Michigan Law Review
American Trial Judges, Michigan Law Review
Michigan Law Review
A Review of American Trial Judges by John Paul Ryan, Allan Ashman, Bruce D. Sales, and Sandra Shane-DuBow
Two Important Books On Res Judicata, Robert C. Casad
Two Important Books On Res Judicata, Robert C. Casad
Michigan Law Review
A Review of Federal Practice and Procedure, Volume 18: Jurisdiction and Related Matters by Charles Alan Wright, Arthur R. Miller, and Edward H. Cooper, and Restatement of the Law Second: Judgments 2d
The Use Of A Rule 37(B)(2)(A) Sanction To Establish In Personam Jurisdiction, Jeffrey A. Robinson
The Use Of A Rule 37(B)(2)(A) Sanction To Establish In Personam Jurisdiction, Jeffrey A. Robinson
BYU Law Review
No abstract provided.
The Duty Of Federal Courts To Apply International Law: A Polemical Analysis Of The Act Of State Doctrine, James H. Lengel
The Duty Of Federal Courts To Apply International Law: A Polemical Analysis Of The Act Of State Doctrine, James H. Lengel
BYU Law Review
No abstract provided.
The Tax Benefit Of Bliss, Alan L. Feld
The Tax Benefit Of Bliss, Alan L. Feld
Faculty Scholarship
In recent years the Supreme Court has limited its substantive decisions in federal income tax matters.I For the most part, the handful of tax cases it has considered each year deal with collection, liens, or other issues peripheral to doctrinal development in the tax area.2 The Court's recent decision in Diedrich v. Commissioner,3 however, dealt with a realization question involving net gifts; and its grant of certiorari consolidating the cases of Bliss Dairy, Inc. v. United States and Hillsboro National Bank v. Commissioner4 promises a continuing interest in substantive tax law. Bliss Dairy will enable the …
Constitutional Criminal Procedure, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Faculty Publications
This article discusses decisions of the new Eleventh Circuit and also decisions of the former Fifth Circuit, some of which are binding precedents for the new court. By way of introduction, the title Constitutional Criminal Procedure deserves amplification. Related criminal law topics not within the scope of this article include the following: the substantive law of crimes; non constitutional aspects of the Federal Rules of Evidence; non constitutional aspects of the Federal Rules of Criminal Procedure; procedural aspects of habeas corpus; sentencing; prisoners' rights; and civil rights suits alleging constitutional deprivations.
The Perils Of Judicial Statesmanship, James E. Bond
The Perils Of Judicial Statesmanship, James E. Bond
Faculty Articles
This article addresses the issue of what is fit for a Supreme Court Justice to do and whether the Court is acting within its constitutional authority. The United States is a democratic republic in which power flows from the people to elected representatives who remain answerable to the people. By contrast, the Justices sit for life and answer to no one. The Court is thus a profoundly antidemocratic institution. When and how the Court ought to exercise its anti-democratic authority is the only enduring important question in American constitutional law.
The Court Stripping Bills: Their Impact On The Constitution, The Courts, And Congress, Max Baucus, Kenneth R. Kay
The Court Stripping Bills: Their Impact On The Constitution, The Courts, And Congress, Max Baucus, Kenneth R. Kay
Villanova Law Review (1956 - )
No abstract provided.
Litigation Implications Of The Chicago O'Hara Airport Crash Of American Airlines Flight 191, 15 J. Marshall L. Rev. 273 (1982), John J. Kennelly
Litigation Implications Of The Chicago O'Hara Airport Crash Of American Airlines Flight 191, 15 J. Marshall L. Rev. 273 (1982), John J. Kennelly
UIC Law Review
No abstract provided.
Caseload Explosion: The Appellate Response, 16 J. Marshall L. Rev. 1 (1982), Richard Henry Mills
Caseload Explosion: The Appellate Response, 16 J. Marshall L. Rev. 1 (1982), Richard Henry Mills
UIC Law Review
No abstract provided.
The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel
The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel
UIC Law Review
No abstract provided.
The Social Security Court Proposal: A Critique, J.P. "Sandy" Ogilvy
The Social Security Court Proposal: A Critique, J.P. "Sandy" Ogilvy
Scholarly Articles
Following a brief description of the present system of judicial review of social security decisions, and a look at the proposed Social Security Court alternative, this article examines in some detail the reasons generally suggested as compelling the creation of a specialty court. Next, the article examines the goals and values of judicial review and discusses the Social Security Court concept as a vehicle to achieve these goals and values. Finally, the article suggests several less drastic legislative, administrative and judicial alternatives to a special court.
Cameras In The Courts--A Revival In West Virginia And The Nation, Larry V. Starcher
Cameras In The Courts--A Revival In West Virginia And The Nation, Larry V. Starcher
West Virginia Law Review
No abstract provided.
Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts
Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts
Scholarly Articles in Law Reviews & Journals
No abstract provided.
International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman
International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman
Scholarly Articles in Law Reviews & Journals
No abstract provided.