Courts Commons^™

Toward A Judicial Role For The Twenty-First Century, Charles L. Black, Jr.

Washington Law Review

Tonight, I am shifting to a new perspective in time. I would ask you to think of us as standing at a midpoint, just about equally distant from the decision in Brown v. Board of Education and the beginning of a new century, some twenty-three years back and forward. I remember the day the Brown case was decided; I learned of it, on a May afternoon still fragrant, from a group of Columbia law students in the drugstore-luncheonette on the corner of 116th Street and Broadway in New York. If you remember that day, or some other day in that …

The Chiropractor In North Carolina: Statutory Expert Witness, Benjamin G. Alford

North Carolina Central Law Review

No abstract provided.

Jurisdictional Conflicts Over Counterclaims Against The United States, David G. Swenson

University of Michigan Journal of Law Reform

This article first discusses the different approaches that courts have used in determining district court jurisdiction over counterclaims and the differing limits that are imposed upon the size of the counterclaim. Second, it examines the relationship between the Court of Claims and the district courts in cases where the defendant cannot counterclaim for full relief in a district court. The article concludes with several legislative proposals that could lessen the uncertainty and lack of uniformity among the courts currently facing a defendant who wants to counterclaim against the government.

Delia G. Belcher, Kathleen V. Lawton And Clay D. Sharp V. Delmas Gish, Individually And As Superintendent Of The Central City Board Of Education, And P.A. Shaver, Jr., William M. Shaver, Marion F. Tinsley, Morris Richey, Dan Carroll, Individually And As Members Of The Central City Board Of Education., Reply Brief (P) 1974-Sc-1118

1970-1979

No abstract provided.

Justiciability And Theories Of Judicial Review: A Remote Relationship, Lee A. Albert

Journal Articles

No abstract provided.

Ingrid Anger Sullivan And John P. Sullivan V. James Levin, Petition For Rehearing 1975-Sc-0712

1970-1979

No abstract provided.

Delia G. Belcher, Kathleen V. Lawton And Clay D. Sharp V. Delmas Gish, Individually And As Superintendent Of The Central City Board Of Education, And P.A. Shaver, Jr., William M. Shaver, Marion F. Tinsley, Morris Richey, Dan Carroll, Individually And As Members Of The Central City Board Of Education., Petition For Rehearing 1974-Sc-1118

1970-1979

No abstract provided.

International Association Of Firefighters, Local 526, Afl-Cio, And Richard Wilson, Et Al V. Lexington-Fayette Urban County Government, Reply Brief (P) 1975-Sc-0529

1970-1979

No abstract provided.

A Reconsideration Of The Sworn Testimony Requirement: Securing Truth In The Twentieth Century, Michigan Law Review

Michigan Law Review

The purpose of this Note is relatively modest-to explore whether the traditional uncritical confidence placed in the sworn nature of testimony is justified in light of twentieth-century practice. As such, its intention is not to propose legal reforms, but rather to invite its readers to pause and reconsider a ritual too often taken for granted by the legal profession. To this end, this Note will examine the following factors influencing the character of the oath in modern times: the common-law and religious roots of the oath, the rise of nonreligious affirmation within the last century, the relationship between the oath …

International Association Of Firefighters, Local. 526, Afl-Cio, And Richard Wilson, Et Al V. Lexington-Fayette Urban County Government, Petition For Rehearing 1975-Sc-0440

1970-1979

No abstract provided.

The Federal Courts And Prison Reform, Patrick Baude

Indiana Law Journal

No abstract provided.

The Jury's Role Under The Indiana Constitution, Carolyn White Spengler

Indiana Law Journal

No abstract provided.

The Disposition Process Under The Juveniles Justice Standards Project, Stanley Z. Fisher

Faculty Scholarship

The Juvenile Justice Standards Project volumes were publicly discussed for months prior to their publication. Unavoidably, much of the discussion was based upon rumor regarding their contents. In that context, critics charged that the proposed Standards would "destroy the nation's juvenile court system and replace it with a 'junior criminal system' "1 and claimed that the Standards substitute the philosophy of "just deserts" for the traditional rehabilitative goals of juvenile justice.' The news media described the Standards on disposition of delinquents as designed to "fit the penalty to the crime, no matter what the age of the perpetrator. '3 I …

The Standards' Recommendations On Dispositions: A Panel Discussion, Stanley Z. Fisher, Howard A. Levine, Fred Cohen

Faculty Scholarship

ROFESSOR STANLEY FISHER, MODERATOR: Good evening. I'd like to welcome you all here. Of all of the volumes of the Juvenile Justice Standards Project, I suppose the most controversial are those dealing with the disposition stage. They have elicited a good deal of critical comment, even though they haven't yet been published, and many of the comments and criticisms have apparently been on the basis of speculation and rumor as to what the Standards actually say. We have with us tonight to discuss these Standards two persons who have a great deal of expertise in this field. The first, on …

Dale Allen Baker V. Commonwealth Of Kentucky, Petition For Rehearing 1976-Sc-0030

1970-1979

No abstract provided.

Dale Allen Baker V. Commonwealth Of Kentucky, Reply Brief (P) 1976-Sc-0030

1970-1979

No abstract provided.

Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers

Articles

Suppose that by some mysterious process the police in your town received each Monday a list of all the robberies and burglaries committed during the preceding week and the names of the persons who committed them. Suppose further that the list itself was admissible in evidence at trial and generally led to conviction. And suppose finally that persons considering committing offenses knew that the police had such a list and used it, relentlessly tracking down the miscreants named on it. Under such circumstances, one would probably expect that many potential offenders in the town with the magical list would resist …

Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham

Michigan Law Review

In an earlier article in this law review, I discussed the new doctrine that in certain municipalities a decision by the local governing body to rezone or not to rezone land should be deemed an "administrative" or "quasi-judicial," rather than a "legislative," act. This doctrine was introduced into Michigan law several years ago in a series of opinions signed by only three justices of the Michigan Supreme Court. The earlier article dealt principally with the merits of the new "rezoning as administrative act" doctrine. The present article discusses troublesome aspects of the Michigan Supreme Court's attitude toward the principle of …

Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine

Articles

Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …

Modeling Relevance, Richard O. Lempert

Michigan Law Review

During the past decade, particularly during the years immediately following the California Supreme Court's decision in People v. Collins, a number of articles have appeared suggesting ways in which jurors might use certain mathematical techniques of decision theory as aids in the rational evaluation of circumstantial evidence. Professor Tribe, in an important response to the post-Collins articles, argues against introducing these techniques into the factfinding process. Problems that Tribe foresees include the necessary imprecision of the probabilistic estimates that these techniques require, the dwarfing of soft variables by those that are more readily quantified, and the potential dehumanization …

Using A Prediction Model In Forecasting Appeals, Paul A. Rake

IUSTITIA

Following the 1972 reorganization of the Indiana Court of Appeals into three panels serving defined geographical districts, the Court soon found itself floundering with too many unevenly distributed cases. Lacking a sufficient base of statistical data from which to formulate a plan to cope with the problem, various proposals, including redistricting the court, adding more judges, and developing a more sophisticated staff research, could not be measured for effectiveness or advisability.

In response to these problems, the Court developed a project to deal with the future caseload by constructing a regression model to predict appeals. This model generated estimates of …

Streamlining Criminal Procedure In Magistrate Court, Robert Batey, Diana L. Fuller

West Virginia Law Review

No abstract provided.

Jean Carter Powell V. Commonwealth Of Kentucky, Petition For Rehearing 1976-Sc-0475

1970-1979

No abstract provided.

Board Of Trustees Of The University Of Kentucky, Nancy Spiller, Ruby Land, James Evans, Sylvia Hardin, And Earl J. Hilton, Individually And As Representative Of Those Non-Academic Employees Who Not Designated Public Employees Council No. 51 To Represent Them As Their Bargaining Representative V. Public Employees Council No. 51, American Federation Of State, County And Municipal Employees, Afl-Cio, By And Through Robert Kessler, Individually And As Representative Of Said Union, International Representative, Public Employees Council No. 51, American Federation Of State, County And Municipal Employees, Afl-Cio, Richard Kessler, Individually And As Representative Of The Non-Academic Employees Of The University Of Kentucky Who Have Designated Public Employees Council No. 51 As Their Bargaining Representative, James Embry, Individually And As Representative Of The Non-Academic Employees Of The University Of Kentucky Who Have Designated Public Employees Council No. 51 As Their Bargaining Representative, Chester Collier, Individually And As Representative Of The Non-Academic Employees Of The University Of Kentucky Who Have Designated Public Employees Council No. 51 As Their Bargaining Representative, Reply Brief 1976-Sc-0346

1970-1979

No abstract provided.

Board Of Trustees Of The University Of Kentucky, Nancy Spiller, Ruby Land, James Evans, Sylvia Hardin, And Earl J. Hilton, Individually And As Representative Of Those Non-Academic Employees Who Not Designated Public Employees Council No. 51 To Represent Them As Their Bargaining Representative V. Public Employees Council No. 51, American Federation Of State, County And Municipal Employees, Afl-Cio, By And Through Robert Kessler, Individually And As Representative Of Said Union, International Representative, Public Employees Council No. 51, American Federation Of State, County And Municipal Employees, Afl-Cio, Richard Kessler, Individually And As Representative Of The Non-Academic Employees Of The University Of Kentucky Who Have Designated Public Employees Council No. 51 As Their Bargaining Representative, James Embry, Individually And As Representative Of The Non-Academic Employees Of The University Of Kentucky Who Have Designated Public Employees Council No. 51 As Their Bargaining Representative, Chester Collier, Individually And As Representative Of The Non-Academic Employees Of The University Of Kentucky Who Have Designated Public Employees Council No. 51 As Their Bargaining Representative, Miscellaneous Supplement 1976-Sc-0346

1970-1979

No abstract provided.

Suzanne Jett V. John Doe And Kentucky Farm Bureau Mutual Insurance Co., Other 1973-Sc-1068

1970-1979

No abstract provided.

Suzanne Jett V. John Doe And Kentucky Farm Bureau Mutual Insurance Co., Other 1973-Sc-1068

1970-1979

No abstract provided.

The Court Of Appeals Of Maryland: Roles, Work And Performance - Part I, William L. Reynolds

Faculty Scholarship

No abstract provided.

Can/Should Computers Replace Judges?, Anthony D'Amato

Faculty Working Papers

Speculates concerning judicial decision-making to test, at least theoretically, what some of the implications of jurisprudential advances might be. Proposes as the means of making this test a consideration of whether a computer may be so programmed as to replace the judicial function of judges.

Volume 44 1976-1977

Tennessee Law Review

No abstract provided.