Courts Commons^™

Wesley Edgar Pullen V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0092

1980-1989

No abstract provided.

Myron F. Gleberman V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0466

1980-1989

No abstract provided.

Stanley Green V. Commonwealth Of Kentucky, Respondent's Brief 1980-Sc-0501

1980-1989

No abstract provided.

Michael Hardon Hill V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0532

1980-1989

No abstract provided.

Congressional Regulation Of Federal Courts' Jurisdiction And Processes: United States V. Klein Revisited, Gordon G. Young

Faculty Scholarship

No abstract provided.

An Evaluation Of Limited Publication In The United States Courts Of Appeals: The Price Of Reform, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.

Volume 48

Tennessee Law Review

No abstract provided.

Jury Trial, Progress, And Democracy, 14 J. Marshall L. Rev. 679 (1981), Richard S. Kuhlman, George C. Pontikes, William J. Stevens

UIC Law Review

No abstract provided.

Review Of The Court Years, 1939-1975, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Voir Dire In Kentucky: An Empirical Study Of Voir Dire In Kentucky Circuit Courts, William H. Fortune

Law Faculty Scholarly Articles

Voir dire is the stage of a jury trial at which prospective jurors are questioned under oath by court or counsel to determine their suitability as jurors in the case to be tried. Kentucky's high court has repeatedly recognized the importance of voir dire to the exercise of for-cause and peremptory challenges.

The trial judge's wide discretion in voir dire, however, necessarily makes a review of appellate decisions of minimal assistance in ascertaining what actually occurs during this important phase of a jury trial. Published opinions provide little guidance in this area; information about voir dire must come from a …

Snepp V. United States: The Cia Secrecy Agreement And The First Amendment, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Parallel State And Federal Court Class Actions, Kevin T. Keating

Loyola University Chicago Law Journal

No abstract provided.

Overview Of Virginia Supreme Court Cases On Domestic Relations: 1970-1980, Peter N. Pross

University of Richmond Law Review

The Supreme Court of Virginia examined a variety of domestic relations problems and issues during the last decade. Most of the court's decisions involved divorce issues such as jurisdiction, alimony or support and maintenance, and child custody or support orders. However, the court also decided cases on annulment, the enforcement of support and maintenance decrees, legitimacy and paternity, adoption, name changes and intrafamily tort immunity.

The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic P. White

Cleveland State Law Review

This Article will critically examine the Housing Court's historical setting, constitutional foundation and jurisdictional powers. In addition, comparison with systems established in other states provides possible alternative suggestions for successful operation. Finally, an in-depth analysis of current problems, including inadequate funds and staff, political manipulation and protracted procedural delays, seeks to answer the question of whether the Housing Court will become a meaningful and positive force for change, or simply an "indecisive, inefficient and interminable" bureaucratic nightmare.

Failing Companies And The Antitrust Laws, Janet L. Mcdavid

University of Michigan Journal of Law Reform

This article will examine two areas in which the courts have given financially-troubled companies special treatment under the antitrust laws. Part I discusses the acquisition of a failing company, which may constitute a judicially-created exemption from section 7 of the Clayton Act. Part II considers certain cases involving failing companies whose conduct is challenged under section 1 of the Sherman Act.

Filing For Personal Bankruptcy: Adoption Of A "Bona Fide Effort" Test Under Chapter 13, Stephan M. Vidmar

University of Michigan Journal of Law Reform

Part I discusses the history and current application of the Chapter 13 wage earner relief provisions, focusing on the present "good faith" controversy. Part II analyzes the "bona fide effort" test and examines its current congressional status. Part III suggests that more specific statutory guidance is necessary in order to effectively apply the "bona fide effort" test and recommends specific guidelines for its use. The article concludes that by following such a set of standard guidelines when applying the "bona fide effort" test, bankruptcy courts would promote uniform treatment of debtors, enhance judicial economy, and facilitate appellate review of Chapter …

The Virginia Judicial Council's Intermediate Appellate Court Proposal, Martha B. Brissette

University of Richmond Law Review

The ever-expanding volume of appellate litigation in Virginia has engendered a crisis in appellate justice in this state which can be adequately addressed only by the creation of an intermediate appellate court. Not only is Virginia the most populous state without such an intermediate court, its highest court also has the largest caseload of any single state appellate court.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest--

Spouse of Injured Seaman May Recover Damages for Loss of Society under Maritime Common Law

Federal District Court Lacks Jurisdiction under 28 U.S.C. § 1350 over Fraud Action Brought by Alien when Claim Fails to Implicate a Treaty or Body of Rules Governing Relations between Foreign States

Jurisdiction under the Foreign Sovereign Immunities Act Requires at Least a Finding of International Shoe "Minimum Contacts"

Appellate Court will not Review the Post-Settlement Appeal of a Pre-Settlement Provisional Remedy without District Court Consideration of the Intervening Events

Foreign States are Subject to Liability for Non-Commercial Torts arising from the Commercial …

Discovery Of Penalites, William Hamilton Bryson

Law Faculty Publications

The purpose of this essay is to discuss some aspects of the scope of the privilege against self-incrimination. It will consider first what can not be and then what can be discovered by the common law of England before 1776, when the first republican constitution of Virginia was promulgated. Finally, the developments in Virginia and federal practice will be dealt with.

The Distrust Of Politics, Terrance Sandalow

Articles

In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …

Precedent Times Three: Stare Decisis In The Divided Fifth Circuit, Thomas E. Baker

Faculty Publications

October 1, 1981, marked a milestone in the history of our federal courts. On that day the Fifth Circuit Court of Appeals Reorganization Act of 1980 (Reorganization Act) divided the" former fifth circuit" into 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.

Constitutional Law, Thomas E. Baker

Faculty Publications

This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …

In Memory Of Monrad G. Paulsen, Sanford H. Kadish

Cardozo Law Review

No abstract provided.

In Memory Of Monrad G. Paulsen, Walter J. Wadlington

Cardozo Law Review

No abstract provided.

In Memory Of Monrad G. Paulsen, Marvin E. Frankel

Cardozo Law Review

No abstract provided.

The Role Of Comity In The Law Of Federal Courts, Michael L. Wells

Scholarly Works

Considerations of comity often require federal courts to defer to state courts when federal issues could be raised in state proceedings. Contexts in which such deference is required include Younger abstention, habeus corpus exhaustion and procedural default, and Pullman and Burford abstention. In this Article, Professor Wells demonstrates that the Supreme Court's opinions fail to make a distinction between cases where comity requires restraint and those where it does not. The Court's motive in invoking comity is not to decrease access to federal courts, but instead to strike a compromise between the individual's interest in a federal forum and the …

Justice Douglas And His Brethren: A Personal Recollection, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

The Use Of Social Science Data In A Change Of Venue Application: A Case Study, Neil Vidmar, John W. T. Judson

Faculty Scholarship

This article describes how social science data and professional testimony were used to assist judicial decision-making in an application to have a criminal fraud trial moved from Middlesex County, Ontario, because of prejudicial attitudes extant in the community. Typically, in such applications, tenuous documentation of pre-trial publicity and perhaps some unsubstantiated "opinion" testimony by persons purportedly in touch with the pulse of the community are the only evidence introduced . The presiding judge is required to consider this circumstantial, indirect, evidence and draw a conclusion about the level and extent of public prejudice as the merits of the application are …

Griffin V. California: Still Viable After All These Years, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Rodney E. Taylor V. Fitz Coal Company, Phillip O. North, James M. And Gloria Griffin, Tilden B. And Rushe R. Friend, Phillip O. And Anne C. North, Anna Mary Friend And Elizabeth Lette Stephens, Respondent's Brief 1980-Sc-0402

1980-1989

No abstract provided.