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Exemption From The Jurisdiction Of Canadian Courts, Jean-Gabriel Castel

Articles & Book Chapters

This article addresses persons who claim immunity from the compulsory jurisdiction of Canadian courts.

Juvenile Courts: Kentucky Law In Need Of Revision, Jack M. Smith Jr.

Kentucky Law Journal

No abstract provided.

Judicial Review Of Agency Action: The Unsettled Law Of Standing, Michigan Law Review

Michigan Law Review

Traditionally, the doctrine of standing has existed as the major obstacle frustrating the attempts of numerous plaintiffs to obtain relief for the injuries they have suffered as a result of allegedly illegal action by federal administrative agencies. Frequently, the rigid standards effectively have prevented any feasible plaintiff from challenging the actions of an administrative agency. The ultimate consequence of this problem has been practically to insulate a wide range of administrative activity from judicial review.

In recent years the courts have been under increasing pressure to liberalize the law of standing and to provide a judicial forum where administrative agencies …

Judicial Opinion Analysis, John J. Daley

LLM Theses and Essays

The aim of this paper is to suggest a method of judicial opinion analysis. This method has five essential aspects: 1) form; 2) procedure; 3) precedential value; 4) authority; and 5) substance. Observation of these aspects in judicial opinions should broaden legal and jurisprudential perspective and cause critical analysis of case dispositions.

Plea Bargaining: A Model Court Rule, Kenneth A. Kraus

University of Michigan Journal of Law Reform

It is not the purpose of this note to discuss the justification for the plea bargaining process, for it is clear that this system will of necessity be continued in the foreseeable future. Instead, this analysis is designed first to present the functional role, constitutional status and existing abuses in the plea bargaining process, and then to discuss the goals and the proposed standards relevant to reform of the present plea bargaining procedures. The culmination of this analysis is the proposed Model Court Rule for Plea Agreements in part III.

Title I - Special Grand Jury, Jeffrey J. Greenbaum

University of Michigan Journal of Law Reform

Title I establishes special grand juries to sit in major population areas and other areas designated by the Attorney General. These grand juries are protected from arbitrary dismissal by the district court before completion of their work. They can sit for extended periods (a maximum of thirty-six months), and are authorized to issue reports concerning (a) noncriminal misconduct of appointed government officials or employees involving organized criminal activity; and (b) organized crime conditions within the district. When reports are issued concerning governmental misconduct, individuals named are given notice, afforded the opportunity to present evidence, file an answer, and obtain judicial …

Reducing The Size Of Juries, David M. Powell

University of Michigan Journal of Law Reform

In recent years, court dockets have become increasingly congested. The resulting delays place a great burden both on civil litigants and on the criminally accused who often await trial for more than two years. In responding to this problem, jurists have focused on trial by jury and have typically suggested modifications of two types: either limiting access to juries by litigants, or increasing the efficiency of the juries themselves. Some critics have even contended that the anachronistic procedure of jury trials is such an undue burden on the judicial system that it should be abolished in the interest of efficient …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Toward Judicial Reform, Edward J. Gurney

University of Richmond Law Review

President Nixon has several times in the recent past publicly recognized a growing national attitude-the American people, as a class, are losing confidence in the ability of their governments to govern. And this unfortunate lack, or at least diminution of confidence, is nowhere more evident than in the way the average citizen views the courts of this country.

The Federal Anti-Injunction Statute In The Aftermath Of Atlantic Coast Line Railroad, John Daniel Reaves, David S. Golden

Scholarly Works

Last Term the Supreme Court rendered its decision in Atlantic Coast Line Railroad v. Brotherhood of Locomotive Engineers. This case involved the present anti-injunction statute, section 2283 of Title 28, which forbids federal court injunction of state court proceedings. Mr. Justice Black, writing for the majority, traced the roots of the statute's predecessor into the "fundamental constitutional independence of the states and their courts." He hinted that the act grew out of concern for constitutional inviolability of a state court's adjudicative process. Mr. Justice Black went on to announce that the anti-injunction statute is absolute; no judicially created exceptions …

Law Reform And Legal Education, Robert E. Keeton

Vanderbilt Law Review

Painfully slow as the mills of law reform grind, they have moved faster in our generation than in most. This appraisal may seem overly generous to our own day when we reflect on the difficulties and delays encountered in achieving some particular reform. But if we measure progress in another way--comparing what has happened in the last dozen years with what happened in other time periods of similar length--differences emerge. The most easily documented difference concerns the performance of appellate courts of last resort in reforming private law by candidly overruling precedents. In the last dozen years, there have been …

Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review

Michigan Law Review

This Comment is focused upon the errors that may result from the confusion surrounding the question of jurisdictional limitations. It is suggested that such confusion is the natural result of the prevailing concern of courts with the extreme limits of permissible jurisdiction, and that this confusion has so clouded the basic issues that erroneous results have been reached in more routine cases that do not even approach those limits-the "easy" cases. Cases decided in the past few years indicate that these erroneous results occur most often in three areas. Following a brief examination of the body of law and theory …

Wright & Miller: Federal Practice And Procedure, Civil Procedure, William H. Becker, W. Brown Morton Jr.

Michigan Law Review

A Review of Federal Practice and Procedure, Civil Procedure Vol. 4 & 5 by Charles Alan Wright and Arthur R. Miller

Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick

Michigan Law Review

A registrant may obtain judicial review of Selective Service action in any of three possible ways. If he submits to induction into the Armed Forces, the registrant may challenge the validity of his induction order by petitioning for habeas corpus. If the registrant refuses to submit to induction, and is subsequently indicted for that refusal, he may defend the criminal prosecution on the ground that the order for his induction was unlawful. In addition to these two well-settled methods of obtaining postinduction judicial review, the registrant may have a third alternative. In certain circumstances, he may be able to secure …

The American Bar Association And The Supreme Court—Old Wine In A New Bottle?, Manly Fleischmann, Ronald H. Jensen

Buffalo Law Review

No abstract provided.

Judicial Review--Professional Association--Inquiry Into Exclusion From Membership, Charles Blaine Myers Jr.

West Virginia Law Review

No abstract provided.

The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin

Indiana Law Journal

In the Comment which follows Professor Baldwin presents a brief for an extremely creative Supreme Court. In contrast to those who suggest limiting the function of the Court, either by subject matter or by judicial restraint, the author would have it protect the compact upon which the community is based, by taking an active role to insure that the compensation implied in the compact flows in fact not only to the community but to the individual.

Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick

Indiana Law Journal

No abstract provided.

Flood V. Kuhn (407 U.S. 258) Trial Transcript, United States District Court- Southern District Of New York

Curt Flood Trial: May 19 - June 10, 1970

No abstract provided.

Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia

Michigan Law Review

The purpose of the present Article is not to propose yet another route toward logical reconciliation of the sovereign-immunity cases; but, on the contrary, to urge general acceptance of the fact that such reconciliation is, and will probably remain, unattainable; to explain why this is so; and to suggest why it is not so bad. This modest goal will be attempted through a detailed examination of two recent Supreme Court cases and their most pertinent antecedents.

Civil Procedure—Filing Fees—Indigents: Washington Courts Have Inherent Power To Waive Filing Fees For Indigents In Civil Actions.—O'Connor V. Matzdorff, 76 Wash. Dec. 2d 759, 458 P.2d 154 (1969), Anon

Washington Law Review

Mrs. Glennie O'Connor's sole source of support for herself and five children was a $325 monthly grant from the Washington State Department of Public Assistance. Through her attorney she tendered a complaint for replevin and damages in the amount of $215.50 to the judge and clerk of the Yakima Justice Court, and filed a motion and affidavit for leave to proceed in forma pauperis. The judge and his clerk refused to accept the complaint and issue notice of suit to the named defendants on the grounds that she had not paid the statutorily prescribed court fees of $3.50. Mrs. O'Connor …

Federal Courts--Appointment Of Non-Resident As Administratrix To Obtain Diversity Jurisdiction

West Virginia Law Review

No abstract provided.

Federal Courts--No Jurisdiction Under Johnson Act When Plain, Speedy, And Efficient Remedy May Be Had In State Courts

West Virginia Law Review

No abstract provided.

Memorandum Of Decision, United States District Court, Northern District Of California

Other Cases

No abstract provided.

Manifest Intent And The Generation By Treaty Of Customary Rules Of International Law, Anthony D'Amato

Faculty Working Papers

I shall argue in this essay that the World Court used a method which might be called the rule of manifest intent in the North Sea Continental Shelf Cases, that this method differs from a more traditional approach found in the writings of publicists, and that this new method accords well with the growing need to objectify and place upon a scientific basis the methodology by which one may determine what in fact are the rules of customary law.

Volume 37 (1969-1970)

Tennessee Law Review

No abstract provided.

Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Application Of The Substitution Of Judgment Doctrine In Planning An Incompetent's Estate, Michael P. Kane

Villanova Law Review (1956 - )

No abstract provided.

American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Trial by Jury (Approved Draft). Recommended by the Advisory Committee on the Criminal Trial

Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton

Michigan Law Review

The purpose of this Article is to generate support for three legislative proposals that will rectify the problems exemplified by the Gnotta case and hosts of other cases: (1) The elimination of the doctrine of sovereign immunity as a barrier to judicial review of federal administrative action; (2) a modest expansion of the subject matter jurisdiction of United States district courts to accommodate such review and, in addition, to provide a remedy against the United States for the resolution of property disputes; and (3) the total elimination of the remaining technicalities concerning the identification, naming, capacity, and joinder of parties …