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Articles 12691 - 12720 of 16485
Full-Text Articles in Courts
Court Rulemaking In Washington, Hugh Spitzer
Court Rulemaking In Washington, Hugh Spitzer
Seattle University Law Review
This article suggests that Washington court rule controversies arise from the lack of a clear, constitutionally established apportionment of rulemaking powers between the legislative and judicial branches, and that there is a lack of procedures providing adequate internal safeguards and accountability. This article first reviews the classical separation of powers doctrine. The discussion then focuses on internal procedural safeguards that also serve within each power center to discourage arbitrary or ill-considered action. This article then reviews the history of court rulemaking in Washington and in other jurisdictions and suggests that from a logical view, the scope of sole judicial power …
Legislative Proposals To Restrict The Jurisdiction Of The Federal Courts: Are They Wise - Are They Constitutional, Dolores K. Sloviter
Legislative Proposals To Restrict The Jurisdiction Of The Federal Courts: Are They Wise - Are They Constitutional, Dolores K. Sloviter
Villanova Law Review (1956 - )
No abstract provided.
The Exercise Of Supervisory Power By The Third Circuit Court Of Appeals, Murray M. Schwartz
The Exercise Of Supervisory Power By The Third Circuit Court Of Appeals, Murray M. Schwartz
Villanova Law Review (1956 - )
No abstract provided.
Congressional Power To Regulate Supreme Court Appellate Jurisdiction Under The Exceptions Clause: An Internal And External Examination, Martin H. Redish
Congressional Power To Regulate Supreme Court Appellate Jurisdiction Under The Exceptions Clause: An Internal And External Examination, Martin H. Redish
Villanova Law Review (1956 - )
No abstract provided.
Majoritarian Constraints On Judicial Review: Congressional Control Of Supreme Court Jurisdiction, Leonard G. Ratner
Majoritarian Constraints On Judicial Review: Congressional Control Of Supreme Court Jurisdiction, Leonard G. Ratner
Villanova Law Review (1956 - )
No abstract provided.
Congressional Power Over The Jurisdiction Of The Federal Courts, Paul M. Bator
Congressional Power Over The Jurisdiction Of The Federal Courts, Paul M. Bator
Villanova Law Review (1956 - )
No abstract provided.
Symposium Proceedings, Various Editors
Symposium Proceedings, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Congress And The Supreme Court's Jurisdiction, Charles E. Rice
Congress And The Supreme Court's Jurisdiction, Charles E. Rice
Villanova Law Review (1956 - )
No abstract provided.
Administrative Law: Judicial Review - Reflections On The Proper Relationship Between Courts And Agencies, 58 Chi.-Kent L. Rev. 215 (1982), Gerald E. Berendt, Walter J. Kendall Iii
Administrative Law: Judicial Review - Reflections On The Proper Relationship Between Courts And Agencies, 58 Chi.-Kent L. Rev. 215 (1982), Gerald E. Berendt, Walter J. Kendall Iii
UIC Law Open Access Faculty Scholarship
No abstract provided.
Power, Convenience, And The Elimination Of Personal Jurisdiction In The Federal Courts, Robert Haskell Abrams
Power, Convenience, And The Elimination Of Personal Jurisdiction In The Federal Courts, Robert Haskell Abrams
Indiana Law Journal
No abstract provided.
State Court Judgments In Federal Litigation: Mapping The Contours Of Full Faith And Credit, Barbara Ann Atwood
State Court Judgments In Federal Litigation: Mapping The Contours Of Full Faith And Credit, Barbara Ann Atwood
Indiana Law Journal
No abstract provided.
Legal Rights Of Refugees: Two Case Studies And Some Proposals For A Strategy, Steven M. Schneebaum
Legal Rights Of Refugees: Two Case Studies And Some Proposals For A Strategy, Steven M. Schneebaum
Michigan Journal of International Law
In a recent decision of far-reaching implications, Filartiga v. Pena-Irala, the United States Court of Appeals for the Second Circuit not only identified one such right, but provided invaluable guidance as to how the broader question is to be addressed. This essay offers an analysis of the decision in Filarh'a, as well as a case presenting intriguing points of comparison, Tran Qui Than v. Blumenthal. It then proposes several generalizations concerning the identification of legal rights of refugees, suggesting a strategy for their enforcement, the upshot of which is this: creative marshalling and invocation of rights well …
The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan
The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan
Law Faculty Scholarship
No abstract provided.
The Writ Of Prohibition In Arkansas, William Murray Tabb
The Writ Of Prohibition In Arkansas, William Murray Tabb
Faculty Articles
No abstract provided.
In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve
In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Faculty Scholarship
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Irma S. Russell, Arthur J. Stanley Jr.
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Irma S. Russell, Arthur J. Stanley Jr.
Faculty Law Review Articles
A history of the Tenth Circuit Court of Appeals, which was created by dividing the Eighth Circuit, the only time geographical boundaries had been altered since the present federal circuit court system was instituted in 1891.
United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley
United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley
Scholarly Works
The term jurisdiction may be defined as the authority to affect legal interests -- to prescribe rules of law (legislative jurisdiction), to adjudicate legal questions (judicial jurisdiction) and to enforce judgments the judiciary made (enforcement jurisdiction). The definition, nature and scope of jurisdiction vary depending on the context in which it is to be applied. United States domestic law, for example, defines and applies notions of jurisdiction pursuant to the United States constitutional provisions relating to the separation of powers. Within the United States, jurisdiction is defined and applied in a variegated fashion depending on whether a legal problem is …
Adding Appellate Capacity To The Federal System: A National Court Of Appeals Or An Inter-Circuit Tribunal?, A. Leo Levin
Adding Appellate Capacity To The Federal System: A National Court Of Appeals Or An Inter-Circuit Tribunal?, A. Leo Levin
Washington and Lee Law Review
No abstract provided.
More Judgeships -But Not All At Once, Abner J. Mikva
More Judgeships -But Not All At Once, Abner J. Mikva
Washington and Lee Law Review
No abstract provided.
The Attraction And Selection Of Good District Court Judges, Lawrence E. Walsh
The Attraction And Selection Of Good District Court Judges, Lawrence E. Walsh
Washington and Lee Law Review
No abstract provided.
Book Review, Howard C. Klemme
Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein
Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein
Publications
No abstract provided.
The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco
The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco
University of Richmond Law Review
The Supreme Court recently held in Chandler v. Florida, that absent a showing of actual prejudice, it is not per se unconstitutional to televise trials over the objection of the defendant. This decision has a direct bearing on state court procedures, as over one-half of the states currently permit television coverage of trials in one form or another. However, sheer numbers supporting a proposition do not make that proposition "right", nor does a Supreme Court decision upholding its constitutionality imply an unqualified stamp of approval. In fact, previous Supreme Court decisions have overturned convictions because the defendant's right to a …
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Arthur J. Stanley, Irma S. Russell
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Arthur J. Stanley, Irma S. Russell
Faculty Works
A history of the Tenth Circuit Court of Appeals, which was created by dividing the Eighth Circuit, the only time geographical boundaries had been altered since the present federal circuit court system was instituted in 1891.
Legitimacy In Social Reform Litigation: An Empirical Study, Timothy Wilton
Legitimacy In Social Reform Litigation: An Empirical Study, Timothy Wilton
University of Michigan Journal of Law Reform
This Article undertakes a detailed examination of a single lawsuit, Martin Luther King Junior Elementary School Children v. Ann Arbor School District Board. This study first explores the diversity of interests present among both the plaintiff and defendant groups in King, and analyzes the performance of the attorneys in representing these interests. The Article then turns to the problems of resistance that arise at the decree stage in social reform litigation, and presents an empirical evaluation of the factors influencing the response to judicially mandated relief.
The Marsh Trilogy: The Virginia Supreme Court Examines The Freedom Of Information Act, Steven L. Higgs
The Marsh Trilogy: The Virginia Supreme Court Examines The Freedom Of Information Act, Steven L. Higgs
University of Richmond Law Review
The Virginia Freedom of Information Act ("the Act" or "the Virginia Act") requires that all meetings of public bodies be open to the public. One of the purposes of the Act is "to ensure to the people ... free entry to meetings of public bodies wherein the business of the people is beifig conducted." In three cases decided March 12, 1982, the Virginia Supreme Court examined some of the exceptions to this general requirement provided by the Act in section 2.1-344 of the Virginia Code. This section provides the specific purposes for which "executive or closed meetings" may be held …
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Articles by Maurer Faculty
No abstract provided.
Independent Journey: The Life Of William O. Douglas By James F. Simon, Patrick L. Baude
Independent Journey: The Life Of William O. Douglas By James F. Simon, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Book Review. Federal Jurisdiction: The Perils And Rewards Of Pulling Things Together, Gene R. Shreve
Book Review. Federal Jurisdiction: The Perils And Rewards Of Pulling Things Together, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.