Courts Commons^™

Congressional Authority To Restrict Lower Federal Court Jurisdiction, Theodore Eisenberg

Cornell Law Faculty Publications

Separation of powers in the federal government inevitably generates conflicts among the branches. In recent years the executive branch's authority to impound funds appropriated by Congress and to make war without congressional approval has been questioned. In earlier days debate raged over the Supreme Court's authority to nullify legislation passed by Congress. A recurrent example of this phenomenon has been the struggle between Congress and the judiciary over the scope of congressional control of federal court jurisdiction. The recent controversy over school busing has highlighted this problem. The problem is, however, neither novel nor peculiar to the busing issue. In …

The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law

University of Richmond Law Review

The question of whether a state supreme court has the authority to abolish or modify a common law rule which is incorporated into the law of that state has been a frequent issue in courts throughout the United States. Every state, except Louisiana, has adopted the common law by statute or constitutional provision. Virginia has employed both methods.

The Burger Court: Discord In Search And Seizure, Robert S. Irons

University of Richmond Law Review

The accession of Mr. Chief Justice Burger to the Supreme Court of the United States was expected to signal the limitation of constitutional doctrines by which the Court had enhanced the rights of the criminal defendant. The fulfillment of this expectation has been generally marked by decisions which have been readily and quickly comprehensible. For example, the prosecution was prohibited by the Warren Court from employing any products of the defendant's custodial interrogation in the absence of a warning of his right to counsel and his right to remain silent; the statement so procured is still barred in the case …

State Judicial Financing: Preliminaries, Progress, Provisions, And Prognosis, James A. Gazell

Kentucky Law Journal

No abstract provided.

Book Reviews, Edward H. Wall, Poeliu Dai

Vanderbilt Journal of Transnational Law

THE FUNCTION OF JUDICIAL DECISION IN EUROPEAN ECONOMIC INTEGRATION By C.J. Mann The Hague: Martinus Nijhoff, 1972.Pp. xiv, 567.

Edward H. Wall

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INTERNATIONAL PEACEKEEPING AT THE CROSSROADS: NATIONAL SuPPORT-EXPERIENCE AND PROSPECTS By David W. Wainhouse with the assistance of Frederick P. Bohannon, James E. Knott, Anne P. Simons. Baltimore: The Johns Hopkins University Press, 1973.Pp. 634. $22.50.

Poeliu Dai

Prior Inconsistent Statements: Presently Inconsistent Doctrine, Mark Reutlinger

Faculty Articles

The common law has come a long way since Sir Walter Raleigh was convicted of treason on the basis of accusations contained in unproduced letters and the hearsay declarations of unproduced witnesses. However, despite the painstaking development and innumerable formulations and reformulations of the hearsay rule over the past several centuries, there are areas of that body of law which are as yet unsettled and the subject of heated controversy. One such area is that of prior inconsistent statements of witnesses, the controversy over which has continued over the years and has surfaced once again with promulgation of the new …

Hart And Wechsler's The Federal Courts And Federal System, Henry Paul Monaghan

Faculty Scholarship

The first edition of Hart & Wechsler's The Federal Courts and the Federal System, published in i953, has deservedly achieved a reputation that is extraordinary among casebooks and, indeed, rare even among learned treatises. Hart & Wechsler I is more than a stimulating collection of cases and basic source material, and its scope is not confined to the operation and functioning of the federal courts in the federal system. Through its extensive notes and its inimitable leading questions, the book constantly raised questions which have "prodded … students and [teachers] to think over their heads about the deepest problems …

Attempts And Monopolization: A Mildly Expansionary Answer To The Prophylactic Riddle Of Section Two, Edward H. Cooper

Articles

The efforts of activist antitrust lawyers to redefine the contours of attempted monopolization under section 2 of the Sherman Act1 have again forced the courts to wrestle with the classic antitrust dilemma: How far must single-firm competitive behavior be restrained to make competition free? The answer given by the majority of current decisions is that, absent some other established offense, single-firm behavior should be prohibited as an attempt to monopolize only when there is a specific intent to monopolize and the firm has come dangerously near to unlawful monopolization. A contemporary challenge to this orthodox answer is rapidly gaining force. …

The National Court Of Appeals: A Constitutional "Inferior Court"?, Michigan Law Review

Michigan Law Review

Objections have been raised to the necessity for and the practicality of such a court. These objections are, however, tangential to the subject of this Note and are fully discussed elsewhere. An additional question has been raised regarding the constitutionality of the proposed court. Article III, section 1, of the Constitution provides: "The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Several commentators have challenged the proposed court as violative of the provision for "one supreme Court." There is, …

Prehearing Research And Screening In The Michigan Court Of Appeals: One Court's Method For Increasing Judicial Productivity, T. John Lesinski, N. O. Stockmeyer, Jr.

Vanderbilt Law Review

An overview of the organization and duties of the Michigan Court of Appeals may aid in understanding the function and operation of its prehearing system. The Michigan Court of Appeals is an intermediate appellate court of statewide jurisdiction.' It hears appeals taken as a matter of right from both civil and criminal judgments of inferior courts,' and has original jurisdiction in specified habeas corpus, superintending control, apportionment, quo warranto, and mandamus proceedings. The court also hears appeals by leave, including applications for delayed appeal not timely filed as of right, appeals from state administrative agencies (principally workmen's compensation awards), and …

Procedural Due Process In The Juvenile Courts Of West Virginia, Richard A. Warmuth

West Virginia Law Review

No abstract provided.

Limited Government And Judicial Review, Paul G. Kauper

Michigan Law Review

A Book Review of Limited Government and Judicial Review by Durga Das Basu

Michigan V. Tucker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Bellis V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Jimenez V. Weinberger, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Defunis V. Odegaard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Miami Herald Publishing Co. V. Tornillo, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Enforceability Of Religious Law In Secular Courts--It's Kosher, But Is It Constitutional?, Michigan Law Review

Michigan Law Review

In several different contexts-for example, in enforcing contracts that refer to religious law or in enforcing secular laws that use religious terminology-secular courts may be called upon to apply and even to interpret laws established by religious bodies. The limitations imposed by the first amendment on the courts in these areas will be discussed here in the specific context of Judaism. It is the thesis of this Note that the courts may not be as constrained in enforcing laws of religious bodies and in resolving disputes about those laws as would appear at first glance.

Symposium: Comprehensive Judicial Reform—A Timely Alternative To Piecemeal Modification. Introduction, Anon

Washington Law Review

The Washington Legislature currently has before it SJ. Res. 113, a proposal to comprehensively reform the judicial system in Washington by amending Article IV of the Washington constitution. The proposed changes include a new system for selecting, disciplining and removing judges; a new procedure for financing and administering the courts; and unification of Washington's judicial system. Carefully analyzing this proposal for judicial reform in Washington, United States Supreme Court Justice Tom C. Clark (retired), Washington Supreme Court Justice Robert F. Utter, and Professor Luvern V. Rieke probe and discuss the substantive issues raised by the legislation. Their analysis should be …

The Need For Judicial Reform, Tom C. Clark

Washington Law Review

Mr. Justice Holmes once said that "one may criticize even what one reveres." With this caveat I shall proceed to offer some critical comments concerning the Washington judicial structure, its proliferation, its inefficiencies of operation and its methods of selecting and disciplining judges. I am well aware of Mr. Justice Brewer's observation that "many criticisms may be, like their authors, devoid of good taste." However, I shall endeavor to escape this categorization, remembering instead that "better all sorts of criticism than no criticism at all." Indeed, it is "open season" on the courts these days. As Mr. Justice Story reminds …

Selection And Retention—A Judge's Perspective, Robert F. Utter

Washington Law Review

If all persons are to be treated equally in our courts, the process of selecting judges to oversee courts must be one that insures selection of efficient, intelligent and compassionate judges. It must also be one that insures selection and retention of judges who are truly able to administer, and give the impression that they are administering, their duties impartially to all. Toward this end, the Citizens' Committee on Washington Courts examined the current process for selecting judges and recommended a constitutional amendment which, if approved, would substantially improve the process by which judges are now selected in Washington state.

Unification, Funding, Discipline And Administration: Cornerstones For A New Judicial Article, Luvern V. Rieke

Washington Law Review

Need for adjustments in the structure and operation of the judiciary is occasioned by the same factors that require modification of other institutions and is more accurately described as a continuing process than as a response to a specific crisis. In recent years, however, demands upon existing judicial resources have burgeoned, and it has been said that the "old ways of doing things are clearly inadequate to meet the burdens imposed on our courts by the 'law explosion' of the mid-20th century." The legitimacy of these demands already has been recognized in Washington. Partial reform of the courts of limited …

Criminal Procedure--Justice Of The Peace Courts--Increased Penalty Upon Trial De Novo, Anne C. Reppert

West Virginia Law Review

No abstract provided.

Comment On Secrecy And The Supreme Court, J. Woodford Howard Jr.

Buffalo Law Review

No abstract provided.

A Comment On The Miller-Sastri Article, Walter Probert

Buffalo Law Review

No abstract provided.

Secrecy And The Supreme Court: On The Need For Piercing The Red Velour Curtain, Arthur Selwyn Miller, D. S. Sastri

Buffalo Law Review

No abstract provided.

Comments On "Secrecy And The Supreme Court", Roland Young

Buffalo Law Review

No abstract provided.

Fact Style Adjudication And The Fourth Amendment: The Limits Of Lawyering, Roger B. Dworkin

Indiana Law Journal

No abstract provided.

One Touch Of Adonis: On Ripping The Lid Off Pandora's Box, Glendon Schubert

Buffalo Law Review

No abstract provided.

Judicial Secrecy And Institutional Legitimacy: Max Weber Revisited, John R. Schmidhauser, Larry L. Berg, Justin J. Green

Buffalo Law Review

No abstract provided.