Courts Commons^™

The Threat To Judicial Independence, Robert A. Sprecher

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

Federal Courts, Injunctions, Declaratory Judgments, And State Law: The Supreme Court Has Finally Fashioned A Workable Abstention Doctrine, Clair E. Dickinson

Cleveland State Law Review

The American judicial system is founded on several policies which act as guideposts for the courts. Among these is the policy that states should be as free from federal control as possible. At the opposite end of the spectrum is the view that federal courts have a duty to protect individuals from violations of their constitutional rights. These policies meet, and seemingly clash, when a plaintiff enters a federal court either to request a declaratory judgment that a state statute is unconstitutional or to seek an injunction against the enforcement of the statute. The balancing of these competing interests has …

Comment On Error Juris, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Diversity Jurisdiction - An Idea Whose Time Has Passed, Howard C. Bratton

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

Sentence Review By The Trial Court: A Proposal To Amend Rule 35, Charles B. Renfrew

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

Trial Techniques Course Gives Students Chance To Learn By Doing And Observing, Philip C. Thorpe

Articles by Maurer Faculty

No abstract provided.

Discretionary Power To Grant Additional Peremptory Challenges In Highly Publicized Criminal Trials: Securing A Fair And Impartial Trial, Joseph A. Matteliano

Buffalo Law Review

No abstract provided.

Small Claims Courts: An Overview And Recommendation, Alexander Domanskis

University of Michigan Journal of Law Reform

Small claims courts have been in operation in the United States for over sixty years. They were established to function as inexpensive, efficient, and convenient forums for resolving claims which could not be brought economically in ordinary civil courts because of the costs and delays accompanying ordinary civil court proceedings. Small claims courts also reduce administrative delays by resolving a large volume of claims. For example, the District of Columbia small claims court processed 30,000 claims in 1973. Despite the amount of litigation handled by small claims courts, commentators have expressed much dissatisfaction with their operation and practice. Some commentators …

Comment On Justification And Excuse, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

AIR CHARTER REGULATION

By Jaap Kamp

New York: Praeger Publishers, 1976. Pp. 162. $16.50.

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ANATOMY OF INTERNATIONAL LAW

By J.G. Merrills

London: Sweet& Maxwell, 1976. Pp. 106. $7.55.

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AUSTRALIAN LAWYERS AND SOCIAL CHANGE

Edited by David Hambly & John Golding

Sydney: Law Book Company, Ltd., 1976. Pp. 392.$17.50.

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COLONIAL EMANCIPATION IN THE PACIFIC AND THE CARIBBEAN

By Arnold Leibowitz

New York: Praeger Publishers, 1976. Pp. 221.$20.00.

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THE DEVELOPING COMMON MARKET

By John Paxton

Boulder, Colorado: Westview Press, 1976. 3rd edition. Pp. 240. $25.00.

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ERSKINE MAY'S PARLIAMENTARY PRACTICE

Edited by Sir David Lidderdale

London: Butterworths, 1976. …

0154: John Cantrell Bill Of Complaint, 1829, Marshall University Special Collections

Guides to Manuscript Collections

Holograph bill of complaint by Philip Pitman, administrator of the estate of George Huston, against John and Mary Clendenin Cantrell of Mason County, (West) Virginia, as exhibited in the Superior Court of Chancery at Staunton, Virginia.

Judicial Review: Its Influence Abroad, Donald P. Kommers

Journal Articles

The doctrine of judicial review, having been nourished in a legal culture and socio-political environment favorable to its growth, is America’s most distinctive contribution to constitutional government. Judicial review as historically practiced in the United States was duly recorded abroad, with varying degrees of influence and acceptability. During the nineteenth and early twentieth centuries, the influence of judicial review was most conspicuous in Latin America, where it was adopted as an articulate principle of numerous national constitutions, while most European nations consciously rejected it as incompatible with the prevailing theory of separation of powers. Germany, Austria, and Switzerland, although marginally …

Will Courts Meet The Challenge Of Technology?, Jethro K. Lieberman

Articles & Chapters

No abstract provided.

Introduction: Environmental Law Section, Second Circuit Review, 1974–75 Term, Ross Sandler

Articles & Chapters

No abstract provided.

Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine

Articles

From the outset, the difficulty in applying the antitrust concept to organized labor has been that the two are intrinsically incompatible. The antitrust laws are designed to promote competition, and unions, avowedly and unabashedly, are designed to limit it. According to classical trade union theory, the objective is the elimination of wage competition among all employees doing the same job in the same industry. Logically extended, the policy against restraint of trade must condemn the very existence of labor organizations, since their minimum aim has always been the suppression of any inclination on the part of working people to offer …

Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining

Articles

In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights. The Paris Treaty establishing the European Coal and Steel Community (ECSC) and the Rome …

Motorists Mutual Insurance Company V. Harold A. Terry D/B/A. Terry's Sunoco Service Station And James D. Hamlet And Workmen's Compensation Board And George B. Simpson, Glenn Schilling, Daryl Owens, Steven Robbins And Shelby T. Denton, Members Of The Workmen's Compensation Board, Appellee's Brief 1975-Sc-0925

1970-1979

No abstract provided.

Paul E. Pitts V. Joe Crawford; George R. Wagoner, Acting Commissioner Of Labor And Custodian Of The Special Fund (Special Fund); Aetna Life And Casualty Insurance Company; And Workmen's Compensation Board, Appellant's Brief 1975-Sc-1004

1970-1979

No abstract provided.

James R. Yocom, Commissioner Of Labor Of The Commonwealth Of Kentucky And Custodian Of The Special Fund, Successor To George R. Wagoner, Acting Commissioner V. Isaac Lester; Kentucky Carbon Corporation; And Workmen's Compensation Board, Appellant's Brief 1975-Sc-1036

1970-1979

No abstract provided.

Strunk Construction Company, Inc. V. James Lee Stewart And J.D. Mullican, Inc., Appellant's Brief 1975-Sc-1023

1970-1979

No abstract provided.

Randall Robinson V. Commonwealth Of Kentucky, Appellant's Brief 1975-Sc-0910

1970-1979

No abstract provided.

City Of Bowling Green, Kentucky And Arlie Sadler, Alcoholic Beverage Administrator Of The City Of Bowling Green V. Gasoline Marketers, Inc., D.B.A Red Ace Gas And Market Pilot Oil Corporation And Kentucky Alcoholic Beverage Control Board, Reply Brief 1975-Sc-0851

1970-1979

No abstract provided.

Don Tate V. Commonwealth Of Kentucky, Appellant's Brief 1975-Sc-1009

1970-1979

No abstract provided.

Commonwealth Of Kentucky V. Lacey T. Smith, Appellee's Brief 1975-Sc-0791

1970-1979

No abstract provided.

James R. Yocum, Commissioner Of Labor And Custodian Of The Special Fund V. Walter Campbell, Gwen Don Coals, Inc., Drexel Davis, State Treasurer And Custodian Of The Uninsured Employers' Fund And Workmen's Compensation Board Of Kentucky, Appellee's Brief 1975-Sc-0945

1970-1979

No abstract provided.

Dolly Mae Arnette Allen V. Department Of Human Resources Commonwealth Of Kentucky, Appellant's Brief 1975-Sc-1007

1970-1979

No abstract provided.

Jerome Ward V. Commonwealth Of Kentucky, Appellee's Brief 1975-Sc-0775

1970-1979

No abstract provided.

Randy J. Kennedy, Et Al V. Commonwealth Of Kentucky, Appellee's Brief 1975-Sc-0865

1970-1979

No abstract provided.

James York And Joe York V. Commonwealth Of Kentucky, Appellant's Brief 1975-Sc-0933

1970-1979

No abstract provided.

Kentucky National Guard V. Larry Bayles Workmen's Compensation Board, Appellee's Brief 1975-Sc-0857

1970-1979

No abstract provided.