Courts Commons^™

The Mandamus Power Of The United States Courts Of Appeals: A Complex And Confused Means Of Appellate Control, Robert S. Berger

Journal Articles

No abstract provided.

Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner

Articles

Although it has been "axiomatic" that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in California, New Jersey, and New York have decided cases within the last five years that may presage the abandonment of the ancient "no-reformation" rule. The new cases do not purport to make this fundamental doctrinal change, although the California Court of Appeal in Estate of Taff and the New Jersey Supreme Court in Engle v. Siegel did expressly disclaim a related rule, sometimes called the "plain meaning" rule. That rule, which hereafter we will call the "no-extrinsic-evidence …

Eight Cases And Section 251, James J. White

Articles

[A] continuing sense of reliance and security that the promised performance will be forthcoming. . . is an important feature of the bargain-so states Comment 1 to section 2-609 of the Uniform Commercial Code. At common law, one party to a contract might suffer considerable and justifiable anxiety about the other party's willingness or ability to perform and yet have no legal basis for cancelling the contract or for procuring additional assurances from the other party. Section 251 of the Restatement (Second) of Contracts is designed to provide a remedy for one party's reasonable fears that the other party to …

On Recognizing Variations In State Criminal Procedure, Jerold H. Israel

Articles

Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …

The Court Years, 1939-1975: The Autobiography Of William O. Douglas, James E. Bond

Faculty Articles

This article is a book review that highlights William O. Douglas’s character and temperament, and suggests these very traits made his legacy on the Court a disappointment. Arguing that Douglas was uncommitted to judicial craft and simply championed cases close to his heart. The article bemoans Douglas’s lack of insight into constitutional adjudication, while noting the volumes anecdotal humor, the article cites the autobiography’s disingenuousness as cause to call it a work of fiction.

Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine

Articles

"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …

Congressional Retraction Of Federal Court Jurisdiction To Protect The Reserved Powers Of The States: The Helms Prayer Bill And A Return To First Principles, James Mcclellan

Villanova Law Review (1956 - )

No abstract provided.

Court Rulemaking In Washington State, Hugh D. Spitzer

Articles

Reviews the history and approach to court rule making in Washington State. Critiques the Washington Supreme Court’s weakening of the Judicial Council and the Court’s assumption of control of aspects of rulemaking that might better be handled by a Judicial Council or the Legislature.

A Postscript On Precedent In The Divided Fifth Circuit, Thomas E. Baker

Faculty Publications

Professor Baker analyzes the three courts that resulted from the split of the United States Court of Appeals for the Fifth Circuit in 1981 and how each court treats precedent.

Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker

Faculty Publications

No abstract provided.

Statistical Implications Of Reasoning With Polygraph Evidence: Developing Instructions For The Trier Of Fact, James A. Finder

Cardozo Law Review

Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution

Party-Designated Arbitrators And The Duty To Disclose In Tripartite Commercial Arbitration: Barcon Associates, Inc. V. Tri-County Asphalt Corp., Bruce H. Kaye

Cardozo Law Review

No abstract provided.

Richard Neeley: How Courts Govern America, Donald P. Lay

Cardozo Law Review

No abstract provided.

Judicial Management Of The Pretrial Process In Massive Litigation: Special Masters As Case Managers, Geoffrey C. Hazard Jr., Paul R. Rice

Faculty Scholarship

No abstract provided.

Congress And The Supreme Court's Jurisdiction, Charles E. Rice

Journal Articles

When a ruling of the supreme court meets with Congressional disfavor there are several remedies available to Congress. If the decision is not on a constitutional level, a later statutory enactment will suffice to reverse or modify the ruling. If, however, the Court's decision is an interpretation of a constitutional mandate, such as the requirement of the fourteenth amendment that legislative districts be apportioned according to population, then a statute could not reverse the decision because the statute itself would be subject to that constitutional mandate as defined by the Court.

The obvious method of reversing a Supreme Court interpretation …

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

Articles by Maurer Faculty

No abstract provided.

Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Yusko To Attend Miner Dinner (Register Star), Register Star

News Articles

No abstract provided.

Teamster Leader Robilotto Loses Bid To Throw Out Some Charges (Knickerbocker News), John Runfola

News Articles

No abstract provided.

Justice, Bureaucracy, And Legal Method, Jospeh Vining

Articles

In the real world justice denied is not justice. Talking from the beginning about access to justice, rather than simply justice, emphasizes in a salutary way this commonplace of citizen and client. Justice that is inaccessible, delayed, refused does not just sit there glowing like a grail, which those separated from it may contemplate and yearn for. It is only in imagining that justice is available to someone, and in imagining what it would be like to be that someone, that one can see the thing as justice at all. To put it in economic terms, justice is not a …

A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards

Michigan Law Review

At the recent Inaugural Lecture of the University of Windsor's Distinguished Scholars Program on Access to Justice, my former law teaching colleague, Professor Joseph Vining, delivered a speech entitled Justice, Bureaucracy, and Legal Method. Because, in my view, Professor Vining's address raised some disturbing questions, and some seriously misguided suggestions, about the growth of bureaucracy in the courts and the delivery of justice, I believe that a response is appropriate.

2 Area Firms Told To Pay Back Wages (Knickerbocker News), Knickerbocker News

News Articles

No abstract provided.

Myron F. Gleberman V. Commonwealth Of Kentucky, Supplemental Brief 1980-Sc-0466

1980-1989

No abstract provided.

Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert

Michigan Law Review

When a fundamental constitutional right is at issue, it is admittedly difficult for the Court to treat the lower courts as laboratories. But if the constitutional right turns on empirical questions, it is better to wait for knowledge than to rush toward a judgment that may later be shown to have vitiated an important right across all circuits. If the Court feels compelled to resolve the conflict, the better decision - if empirical issues are seen as central - is to sustain the right to jury trial regardless of complexity. Sustaining that right will allow courts and researchers to collect …

Interlocutory Appeal Of Orders Granting Or Denying Stays Of Arbitration, Michigan Law Review

Michigan Law Review

This Note attempts to resolve the conflict among the courts of appeals by examining the interests affected by orders granting and denying stays of arbitration. Part I considers the appealability of such orders under the collateral order doctrine developed by the Supreme Court in Cohen v. Beneficial Industrial Loan Corp. This doctrine permits interlocutory appeal of final orders adjudicating an important right that is collateral to the merits of the case and effectively unreviewable in a final judgment appeal. Part II considers whether orders on motions for stays of arbitration are reviewable as orders granting or refusing injunctions under …

Federal Appeals Court's State Law Ruling Entitled To Conclusive Deference: Factors Etc., Inc. V. Pro Arts, Inc., J. Stanton Curry

BYU Law Review

No abstract provided.

Miner Becomes U.S. Judge Today (Times Union), Times Union

News Articles

No abstract provided.

Impeachment: The Dilemma Of The Defendant-Witness In North Carolina, Thomas C. Manning

North Carolina Central Law Review

No abstract provided.

Edgar V. Mite Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Ross, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.