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Articles 13141 - 13170 of 16407

Full-Text Articles in Courts

Reflections On Unconstitutionality In Futuro: Shavers V. Attorney General And Robinson V. Cahill, Philip H. Hecht Jan 1979

Reflections On Unconstitutionality In Futuro: Shavers V. Attorney General And Robinson V. Cahill, Philip H. Hecht

University of Michigan Journal of Law Reform

This article will argue that holdings of unconstitutionality in futuro are difficult to reconcile with the separation of powers doctrine because they foster impermissible intrusions on the ability of the legislative and executive branches to act independently of the judiciary. It is further argued that in the two cases where courts have adopted the unconstitutionality in futuro approach, the failure to satisfy all of the proposed standards for the appropriateness of unconstitutionality in futuro and the further considerations of judicial legitimacy and competency should have led the courts to consider other less drastic alternatives before deciding to use unconstitutionality in …

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Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer Jan 1979

Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer

Seattle University Law Review

To avoid reaching incorrect verdicts as a result of insufficient evidence, courts generally require witnesses to testify to all relevant facts within their knowledge. Two important exceptions to this general rule, incompetency and privilege, rest on very different rationales. Developed at common law to exclude unreliable evidence, rules of competency disqualify certain untrustworthy witnesses from testifying. To promote extrinsic public policies, however, privileges excuse competent witnesses from providing what may be highly probative and reliable evidence. In the past decade there have been calls for legislative or judicial recognition of a parent-child privilege, similar to the marital privilege, that would …

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Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr. Jan 1979

Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr.

Seattle University Law Review

Recent Supreme Court decisions severely restrict the right of citizens to litigate in federal courts. The Court's standing requirements not only limit the ability of citizens to successfully invoke federal court jurisdiction, but also confuse lower courts and litigants attempting to apply the requirements. Standing requirements have met with increasing criticism. And Congress is now considering legislative modification of standing doctrine. Unfortunately, the Court's employment of constitutional foundations in establishing current standing requirements imposes substantial roadblocks Congress must avoid to enact remedial standing legislation. This comment examines the constitutional and pragmatic difficulties of statutory modification of standing requirements and recommends …

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Book Review: H. Fingarette & A. Fingarette Hasse, Mental Disabilities And Criminal Responsibilities, John Q. La Fond Jan 1979

Book Review: H. Fingarette & A. Fingarette Hasse, Mental Disabilities And Criminal Responsibilities, John Q. La Fond

Seattle University Law Review

Whether mental illness and related impairments in the human psyche should affect an individual's criminal responsibilityfor law-breaking behavior has always provoked intense andwide-ranging debate. This debate clearly reflects society's lack of consensus concerning the appropriateness and scope of considering mental impairment in assessing individual criminal responsiblility. Thus, it is not unexpected that recently proposals to abolish the insanity defense have been seriously suggested or that noted scholars have urged society to place the disposition of mentally ill offenders in the exclusive hands of experts. That this heated discussion continues unabated should come as no surprise, since legal doctrines which excuse …

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Civil Litigation And Jura Novit Curia, Lawrence G. Baxter Jan 1979

Civil Litigation And Jura Novit Curia, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

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Shaffer V. Heitner: A Death Warrant For The Transient Rule Of In Personam Jurisdiction, Daniel O. Bernstine Jan 1979

Shaffer V. Heitner: A Death Warrant For The Transient Rule Of In Personam Jurisdiction, Daniel O. Bernstine

Villanova Law Review (1956 - )

No abstract provided.

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Federal Practice And Procedure, Various Editors Jan 1979

Federal Practice And Procedure, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

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The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz Jan 1979

The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz

Indiana Law Journal

No abstract provided.

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Public Process And Ohio Supreme Court Rulemaking, Jeffrey A. Parness, Christopher C. Manthey Jan 1979

Public Process And Ohio Supreme Court Rulemaking, Jeffrey A. Parness, Christopher C. Manthey

Cleveland State Law Review

While court created rules, in terms of their impact on society, are often as important as judicial decisions or legislative acts, they are relatively unknown to the general public. Further, there is often no public input prior to their adoption. Rather, court rules are often promulgated with no opportunity for general public discussion. Judge Jack B. Weinstein recently called attention to such a lack of "public process" in federal court rulemaking and expressed the hope that others will "speak out so that the matter can be thoroughly debated." On the state level this factor is absent from most rulemaking promulgated …

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State Court Intervention In School Finance Reform, Annette B. Johnson Jan 1979

State Court Intervention In School Finance Reform, Annette B. Johnson

Cleveland State Law Review

This article will focus on the nature, appropriateness, and consequences of judicial activism and judicial restraint in the school financing area.

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Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber Jan 1979

Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

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Government By Judiciary: John Hart Ely's "Invitation", Raoul Berger Jan 1979

Government By Judiciary: John Hart Ely's "Invitation", Raoul Berger

Indiana Law Journal

No abstract provided.

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The Eleventh Amendment: An Endangered Species, Peter W. Thornton Jan 1979

The Eleventh Amendment: An Endangered Species, Peter W. Thornton

Indiana Law Journal

No abstract provided.

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Professor Jones And The Constitution, Henry Paul Monaghan Jan 1979

Professor Jones And The Constitution, Henry Paul Monaghan

Faculty Scholarship

Professor Harry Jones's elegant and stimulating Waterman lectures begin on a salutary note. Professor Jones rightly reminds us that, first and foremost, a constitution is not exclusively or primarily a limitation on the exercise of political power, but rather is a charter for its exercise. Accordingly, to view the Constitution as "all brakes and no engine" suggests a serious and fundamental myopia, albeit an understandable one given the popular preoccupation with the Supreme Court's role in vindicating guarantees of civil liberty. But that preoccupation, Professor Jones notes, does more than distort the meaning of the Constitution; it ignores an historically …

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Judicial Overload: The Reasons And The Remedies, Maria L. Marcus Jan 1979

Judicial Overload: The Reasons And The Remedies, Maria L. Marcus

Buffalo Law Review

No abstract provided.

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A Defense Of The Exclusionary Rule, Yale Kamisar Jan 1979

A Defense Of The Exclusionary Rule, Yale Kamisar

Articles

The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and with a variety of arguments. Some critics find it unworkable and resort to empirically based arguments. Others see it as the product of a belated and unwarranted judicial interpretation. Still others, uncertain whether the rule works, are confident that in some fashion law enforcement's hands are tied. Professor Yale Kamisar, long a defender of the exclusionary rule, reviews the current attacks on the rule and offers a vigorous rebuttal. He finds it difficult to accept that there is a line for acceptable police conduct …

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State Legislators, Speech Or Debate, And The Search For Truth, Gary L. Starkmen Jan 1979

State Legislators, Speech Or Debate, And The Search For Truth, Gary L. Starkmen

Loyola University Chicago Law Journal

No abstract provided.

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Presidential Power And Administrative Rulemaking, Harold H. Bruff Jan 1979

Presidential Power And Administrative Rulemaking, Harold H. Bruff

Publications

No abstract provided.

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Some Thoughts On Judicial Authority To Repair Unconstitutional Legislation, Ruth Bader Ginsburg Jan 1979

Some Thoughts On Judicial Authority To Repair Unconstitutional Legislation, Ruth Bader Ginsburg

Cleveland State Law Review

Among governing institutions, the judiciary has been described as "the least dangerous branch."' Courts in our system have the awesome power to declare laws unconstitutional, but judges command no troops, and are said to lack the power of the purse. My remarks address a facet of the purse power supposition: When a legislative product is constitutionally infirm because it is under inclusive, what remedies lie within the judicial province? Discussion will focus on the question whether a court may order inclusion of a category of persons left out by the legislature, a question particularly pointed when the court's inclusion order …

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A Proposed New Federal Intermediate Appellate Court, Charles R. Haworth, Daniel J. Meador Jan 1979

A Proposed New Federal Intermediate Appellate Court, Charles R. Haworth, Daniel J. Meador

University of Michigan Journal of Law Reform

This article begins with an analysis of the recent history of federal appellate court reform efforts. It then focuses on three areas of federal litigation - tax law, patent law, and environmental law - in which there are exceptional needs for uniformity in the law but in which uncertainty in legal doctrine is especially pronounced. To make the law more uniform and predictable in these areas, the article proposes the new intermediate appellate court and sets forth in detail the jurisdiction arid structure of this court. The article concludes by pointing out aspects of this proposal that should make it …

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The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton Jan 1979

The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton

University of Richmond Law Review

Since 1899, the year in which the state of Illinois established a separate statutory framework for addressing the problems of children before the courts, the juvenile justice system has been struggling to establish its identity in the jurisprudence of the United States. The juvenile court laws of this country, including those of the Commonwealth of Virginia, have historically been based on the doctrine of "parens patriae", which is formally defined as the "sovereign power of guardianship over persons under disability."' According to this doctrine, the state, through the court system, can be trusted to fulfill its obligation with respect to …

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The Fcc, Cable Tv, And Visions Of Valhalla: Judicial Scrutiny Of Complex Rulemaking And Institutional Competence, Allen E. Shoenberger Jan 1979

The Fcc, Cable Tv, And Visions Of Valhalla: Judicial Scrutiny Of Complex Rulemaking And Institutional Competence, Allen E. Shoenberger

University of Richmond Law Review

A number of recent decisions by the United States Court of Appeals for the District of Columbia, its counterpart for the Eighth Circuit, and the United States Supreme Court, have substantially curtailed the power of the FCC to regulate the growth of cable television. Such regulation has proved to be a very complicated and extended saga of FCC activity, one measure of which was the extraordinary justification for publishing a per curiam opinion in Home Box Office, Inc. v. FCC: "not because it has received less than full consideration by the court, but because the complexity of the issues raised …

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A Family Court For Virginia, Frederick P. Aucamp Jan 1979

A Family Court For Virginia, Frederick P. Aucamp

University of Richmond Law Review

The 1976 and 1977 sessions of the General Assembly of Virginia established a legislative study commission to consider the establishment of a family court system in Virginia. The study was conducted by the Family Court Subcommittee of the Virginia Advisory Legislative Council Committee to Study Services to Youthful Offenders, and its report was submitted to the Governor and to the General Assembly on January 6, 1978.

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Federal Courts In The Early Republic: Kentucky 1789-1816 By Mary K. Bonsteel Tachau, Woodford L. Gardner Jr. Jan 1979

Federal Courts In The Early Republic: Kentucky 1789-1816 By Mary K. Bonsteel Tachau, Woodford L. Gardner Jr.

Kentucky Law Journal

No abstract provided.

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Implied Limitations On The Jurisdiction Of Indian Tribes, Richard B. Collins Jan 1979

Implied Limitations On The Jurisdiction Of Indian Tribes, Richard B. Collins

Publications

No abstract provided.

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Allocation Of Scarce Goods Under Section 2-615 Of The Uniform Commercial Code: A Comparison Of Some Rival Models, James J. White Jan 1979

Allocation Of Scarce Goods Under Section 2-615 Of The Uniform Commercial Code: A Comparison Of Some Rival Models, James J. White

Articles

Section 2-615 of the Uniform Commercial Code authorizes a contract seller to allocate goods in short supply when full performance has become commercially impracticable. Most of the cases under and commentary on that section have focused on the issue of commercial impracticability. The allocation aspects of the section have attracted much more modest attention in the cases and in the scholarly journals. The purpose of this article is to examine critically the allocation rule set out in section 2-615(b). That subsection authorizes a seller, upon a finding of commercial impracticability, to allocate "in any manner which is fair and reasonable." …

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Adjudication As A Private Good: A Comment, Paul D. Carrington Jan 1979

Adjudication As A Private Good: A Comment, Paul D. Carrington

Faculty Scholarship

Comment on William M. Landes & Richard A. Posner, Adjudication as a Private Good, 8 J. Legal Stud. 235 (1979).

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Service Of Process In Virginia, William Hamilton Bryson Jan 1979

Service Of Process In Virginia, William Hamilton Bryson

Law Faculty Publications

Initial process is an official summons to a person requiring him to appear in court and defend himself or suffer default judgment. The purpose of the summons is notification to the defendant.

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A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock Jan 1979

A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock

Cardozo Law Review

A personal view of Justice Benjamin N. Cardozo and his approach to the law is perhaps best provided by those who worked under his direct tutelage. Four men who served as law clerks to the Justice during his six year term on the Supreme Court agreed to share their reflections on that experience in this commemorative volume. Joseph Rauh, the Justice's last law clerk, wrote first; his recollections were then circulated among the other three: Melvin Siegel, Ambrose Doskow and Alan M. Stroock. Their responses to Mr. Rauh's memories of the Justice and his judicial style present intriguing contrasts and …

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Cardozo's Appointment To The Supreme Court, Andrew L. Kaufman Jan 1979

Cardozo's Appointment To The Supreme Court, Andrew L. Kaufman

Cardozo Law Review

Shortly before noon on February 15, 1932, Herbert Cone, confidential clerk to the New York Court of Appeals, went to the Albany train station to pick up Chief Judge Benjamin Cardozo and to give him a message. He told Cardozo that Lawrence Richey, special secretary to President Hoover, had tried to reach him at his New York office earlier that morning and had asked that he call the President as soon as he reached Albany. Cardozo returned the President's call from his office at the Court of Appeals and received an offer of appointment as a Justice of the Supreme …

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