Courts Commons^™

Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi

Publications

No abstract provided.

Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst

University of Richmond Law Review

The endless parade of humanity that passes before the benches of Virginia's general district courts accused of minor offenses presents to those charged with deciding these cases one of the most challenging judicial tasks of our day. The challenge in addition to deciding guilt or innocence is also determining what to do with those judged guilty. Those decisions influence to one degree or another the direction of peoples lives for their own and society's good or ill. Most of the offenders appearing before these courts are young people, often first offenders. The behavior patterns of their lives are not yet …

Separation Of Powers And International Executive Agreements, Arthur W. Rovine

Indiana Law Journal

Symposium: Separation of Powers

Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger

Faculty Works

No abstract provided.

Public Participation In The Adoption Of Interpretive Rules And Policy Statements, Michael Asimow

Michigan Law Review

Section I of this article surveys the practices of a selected group of federal agencies in the adoption of interpretive rules and policy statements. It emphasizes the importance of these rules both to members of the public and to the administrative process. Section II analyzes the cases that have considered the AP A exemption of interpretive rules and policy statements from preadoption notice and comment procedures. These cases are in disarray for several reasons. For one thing, the bright lines traditionally assumed to distinguish interpretive rules and policy statements from legislative rules have become blurred and indistinct. Moreover, the courts …

Judicial Reform In West Virginia: The Magistrate Court System, John C. Purbaugh, Robert A. Burnside Jr.

West Virginia Law Review

With the passage, on November 5, 1974, of the Judicial Reorganization Amendment to the West Virginia Constitution, a new era of judicial administration began for West Virginia. Central to this new judicial article was the unification of the lower state courts under the general supervision of the Supreme Court of Appeals of West Virginia. The Amendment mandated the establishment of a magistrate court system, replacing the system of justice of the peace (J.P.) courts used in the Virginias since 1661. This article will examine and evaluate the legislative implementation of the magistrate courts system, discuss differences between the J.P. system …

The Second Circuit And The Federal Rules Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The most significant development in federal trial procedure in recent years has been the enactment of the Federal Rules of Evidence, effective July 1, 1975. In the intervening two years since the Rules became effective, the courts of the Second Circuit have bad occasion to make several illuminating applications of and references to them.

An examination of some of these decisions provides insight into the kinds of questions that are coming up not only in the Second Circuit, but around the country, and the kinds of answers that are being given. It is not the bizarre or unusual case that …

Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller

Publications

No abstract provided.

Foreword: Should Wyoming Adopt These Rules?, Christopher B. Mueller

Publications

No abstract provided.

An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.

Publications

The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.

American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins

Publications

No abstract provided.

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Publications

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …

The Unconstitutionality Of Limitations Upon Donations To Political Committees In The 1976 Federal Election Campaign Act Amendments, David Skover

Faculty Articles

The Supreme Court's decision in Buckley v. Valeo partially dismantled the electoral reform program formulated in the 1974 Amendments to the Federal Election Campaign Act of 1971. The Court declared that the Act's limitations on expenditures by candidates and independent expenditures in federal elections unconstitutionally burdened political speech and association, while it upheld restrictions on contributions to candidates. After five months of deliberation, Congress attempted to salvage its design for electoral reform by enacting the Federal Election Campaign Act Amendments of 1976. Responding to Buckley's approval of restrictions on political contributions, Congress imposed new limits on "contributions" to political committees. …

The Supreme Court In Current Literature, Jenni Parrish, Roy Mersky

Faculty Scholarship

No abstract provided.

Betty Jo Garrison V. Dr. Horace W. Addams, Petition For Rehearing 1975-Sc-1035

1970-1979

No abstract provided.

Betty Jo Garrison V. Dr. Horace W. Addams, Reply Brief (P) 1975-Sc-1035

1970-1979

No abstract provided.

Appellate Supervision Of Remedies In Public Law Adjudication, Robert L. Hinkle

Florida State University Law Review

No abstract provided.

The Omnibus Hearing: Benefit Or Burden For State Courts?, Joel J. Fryer

Mercer Law Review

The inefficiency of the criminal justice system has come to be recognized by judicial reformers as a major problem that has been exacerbated by the expansion of the rights of defendants. During the past 15 years, largely in response to U.S. Supreme Court decisions attempting to insure due process and promote fairness, trial courts have had to accommodate not only the resultant changes in criminal practice and procedure but also the increased caseload caused by defendants' assertion of constitutional rights which have been recently articulated and guaranteed. The recognition that the burden placed on courts must not be so great …

Adjudication Of Federal Causes Of Action In State Court, Martin H. Redish, John E. Muench

Michigan Law Review

The first section of this article considers the power of state courts to hear federal cases. Since it is now well established that state courts have the constitutional power to adjudicate federal causes of action if Congress so desires, the significant questions concern the method by which the judiciary is to decipher congressional intent. Although the courts have no difficulty where Congress has explicitly addressed the issue of state court jurisdiction, problems do arise in situations where Congress has remained silent on the question. The first section critically examines the traditional criteria employed by the courts for determining congressional intent …

Judicial Review Of Private Hospital Activities, Michigan Law Review

Michigan Law Review

This Note will examine the judicial review of hospitals under state law and the fourteenth amendment and will suggest that unless certain clear requirements for "publicness" are met, judicial restraint based on the failure of legislative institutions to mandate judicial interference is the better course.

Book Review Of By What Right? A Commentary On The Superem Court's Power To Revise The Constitution, Stephen R. Munzer

William & Mary Law Review

No abstract provided.

Novack V. Schuler | Clinton V. Whalen, John T. Fitzpatrick

1976-1981 State Reporter Decisions

No abstract provided.

Robert D. Sykes V. Commonwealth Of Kentucky, Reply Brief 1976-Sc-0362

1970-1979

No abstract provided.

Billy Lewis Freeman V. Commonwealth Of Kentucky, Appellee's Brief 1976-Sc-0388

1970-1979

No abstract provided.

Dorothy M. Fraze V. John H. Fraze, Jr., Appellee's Brief 1976-Sc-0457

1970-1979

No abstract provided.

Jimmy Keith Self V. Commonwealth Of Kentucky, Reply Brief 1976-Sc-0106

1970-1979

No abstract provided.

Catherine Wendell, Executrix Of The Estate Of Fred D. Stone, Dec'd., Et Al V. Bessie Stone, Et Al, Petition For Rehearing 1974-Sc-1144

1970-1979

No abstract provided.

Measuring The Duration Of Judicial And Administrative Proceedings, David S. Clark, John Henry Merryman

Michigan Law Review

A method of estimating the probable duration of litigation is useful for a variety of purposes. First, the probable duration of a case may, to some extent, determine strategy in litigation since prolonged litigation is often perceived as an appreciable cost to one party and as a benefit to the other. An estimate of the duration of a criminal case, for example, probably influences the respective postures of a defendant and a prosecutor in plea bargaining. Similarly, civil litigants may be able to use an estimate of the probable duration of litigation, together with other factors, in deciding whether to …

Measuring The Duration Of Judicial And Administrative Proceedings: A Comment, David P. Doane

Michigan Law Review

Professors Clark and Merryman propose a useful indirect measure of the duration of litigation whose primary virtue is its ease of computation from published court data. As the authors note, such a measure of duration may be useful to persons involved in judicial administration and to attorneys formulating strategy in litigation, and the legal community should find informative their illustration of the concept with Italian court data. Concluding on a pragmatic note, Professors Clark and Merryman appear to suggest that attorneys, clients, judges, court administrators, and social scientists must ultimately assess the utility of their concept. In making this assessment, …

Julian H. Adams V. Commonwealth Of Kentucky, Reply Brief 1976-Sc-0294

1970-1979

No abstract provided.