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Articles 14491 - 14520 of 16331
Full-Text Articles in Courts
The Language Of Involuntary Mental Hospitalization: A Study In Sound And Fury, Steven H. Levinson
The Language Of Involuntary Mental Hospitalization: A Study In Sound And Fury, Steven H. Levinson
University of Michigan Journal of Law Reform
Involuntary civil commitment is the business of hospitalizing and treating, without their consent, persons whom a court, with the aid of professional diagnosticians, determines to be psychologically disturbed or mentally ill. The purpose of the present study will be to demonstrate that the medical diagnoses of mental illness which justify involuntary civil commitment are achieved on the basis of at least unreliable and at worst invalid sets of diagnostic categories and assessments. For the purpose of determining the reliability of these diagnostic findings, the author selected a representative sample of the involuntary mental hospitalization proceedings of the Wayne County Probate …
Judicial Overkill: The Campus And The Courts, Robert M. O'Neil
Judicial Overkill: The Campus And The Courts, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
The Pretrial Proceeding With Special Reference To The Kentucky Court Of Inquiry, Kenneth E. Vanlandingham
The Pretrial Proceeding With Special Reference To The Kentucky Court Of Inquiry, Kenneth E. Vanlandingham
Kentucky Law Journal
No abstract provided.
The Civilianization Of Military Law, Edward F. Sherman
The Civilianization Of Military Law, Edward F. Sherman
Articles by Maurer Faculty
No abstract provided.
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony A. D'Amato
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony A. D'Amato
University of Michigan Journal of Law Reform
One of the most singular pieces of legislation in American constitutional history passed both houses of the Massachusetts legislature on April 1st, 1970, and was signed into law on the following day by Governor Francis W. Sargent. It provides that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article 1, Section 8, clause 11 of the United States Constitution. The bill further directs the state's attorney general to bring a suit testing …
Maynard E. Pirsig: Idealism In The Service Of Judicial Administration, Charles W. Wolfram
Maynard E. Pirsig: Idealism In The Service Of Judicial Administration, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman
Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman
Articles & Chapters
The Supreme Court's decision in Cafeteria Workers v. McElroy (1961) has often been cited by military commanders to support claimed plenary power over access to the installation commanded. Observing that plenary power is a rarity in contemporary society, Lieutenant Lieberman questions the prof erred interpretation of Cafeteria Workers particularly in light of more recent decisions. He concludes that while commanders do possess broad powers over access, the power is not plenary but must be weighed in each instance against the individual's rights of freedom of speech and association.
Recent Decisions
University of Richmond Law Review
This is a summary of the case law that was decided in 1970.
Representing The Low Income Consumer In Repossessions, Resales And Deficiency Judgment Cases, James J. White
Representing The Low Income Consumer In Repossessions, Resales And Deficiency Judgment Cases, James J. White
Articles
The goal of this article is to lend a helping hand to the debtor's lawyer in his job of defending deficiency judgment suits brought following the repossession and resale of a debtor's encumbered personal property. Although some of the following discussion is relevant to the defense of any creditor's suit, and some applies to representation of the debtor prior to repossession or resale, the focal point of the discussion is the low-income consumer who has lost his automobile, television or some other "hard good" and has become a defendant in a suit brought by his secured creditor for a deficiency …
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
Publications
No abstract provided.
Discretionary Justice: A Preliminary Inquiry, Henry Mcgee
Discretionary Justice: A Preliminary Inquiry, Henry Mcgee
Faculty Articles
Professor McGee reviews Discretionary Justice: A Preliminary Inquiry, by Kenneth Culp Davis. Davis, suggesting both that we are a government of men as much as of laws and that discretion begins where law ends, sets out to determine how much unnecessary discretionary power can be contracted and how necessary discretionary power can be both confined and structured.
The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen
The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen
Michigan Law Review
Some of those who have studied the question of the appropriate standard of proof in juvenile proceedings have determined that the "preponderance of the evidence" standard-the standard applied in civil cases-is sufficient, and that the criminal standard should not be applied in such cases. Others have suggested that the standard-of proof question is unimportant since the particular standard which is required will seldom, if ever, make a difference to the outcome of a case. The first of these views is the subject to which the bulk of this Article is addressed; the second can be rebutted by the observation that …
Better Days In Court For A New Day's Problems, Roger J. Traynor
Better Days In Court For A New Day's Problems, Roger J. Traynor
Vanderbilt Law Review
We do not lack first-rate proposals for court organization and administration and procedures that would befit a new day. Neither do we lack well-conceived plans for the selection and retention of judges that would attract able and independent men to the bench. Nevertheless, the few states that have undertaken substantial reforms are far outnumbered by those that have not. It is high time to inquire why there has been such a woeful lack of will in the legal profession throughout the country to have done with ways so antiquated as chronically to impede the just operation of the laws. It …
Aftermath Of Apprehension: Juvenile Court Judge's Response, John P. Steketee
Aftermath Of Apprehension: Juvenile Court Judge's Response, John P. Steketee
University of Michigan Journal of Law Reform
It would appear that juveniles find apprehension to be a reinforcement of their delinquent behavior. Being apprehended and questioned by the police, referred to juvenile court, meeting a probation officer, and going before a judge, not to mention the status one gains in one's group from police and/or court contact, can be a very significant chain of events for many adolescents who have never known the excitement of personal recognition by parents, school officials or even friends. For the first time, they are recognized and listened to, albeit for the wrong reasons. The attention need not be positive; shouting, scolding, …
Observations On The Manual For Complex And Multidistrict Litigation, Michigan Law Review
Observations On The Manual For Complex And Multidistrict Litigation, Michigan Law Review
Michigan Law Review
In recent years there has been increased pressure on the federal judicial system for improved efficiency in dealing with "the big case." Such cases typically involve either large numbers of plaintiffs, suing in many district courts on essentially the same facts, or many complex and interrelated issues which require the evaluation of large quantities of data. Because those cases require considerable amounts of judicial time which cannot lightly be spared from dealing with the mounting backlog of cases faced by virtually all courts, and because a great deal of potentially protracted litigation is certain to arise in the future, it …
State Appellate Courts And The Judicial Process: Written Obscenity, D. Grier Stephenson Jr.
State Appellate Courts And The Judicial Process: Written Obscenity, D. Grier Stephenson Jr.
William & Mary Law Review
No abstract provided.
The Governor's Private Eyes, Tamar Frankel
The Governor's Private Eyes, Tamar Frankel
Faculty Scholarship
In his inaugural speech on January 3, 1967, Florida Governor Claude Kirk declared a War on Crime. For this purpose he announced the creation of a unique War on Crime Program. Its activities were to include a Citizen's Awareness Program, but its main function was directed to the investigation of crimes. As the Program's director, the Governor appointed Mr. George Wackenhut, the president of the Wackenhut Corporation, a large private investigation firm. Mr. Wackenhut agreed to provide his services for one dollar a year; his corporation was simultaneously retained to supply the Program with the necessary administrative facilities and investigative …
Statutory Construction--The Role Of The Court, Linda L. Hupp
Statutory Construction--The Role Of The Court, Linda L. Hupp
West Virginia Law Review
No abstract provided.
Federal Courts--Standards Of Domicile In Diversity, William A. Tantlinger, James M. Brown
Federal Courts--Standards Of Domicile In Diversity, William A. Tantlinger, James M. Brown
West Virginia Law Review
No abstract provided.
Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review
Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review
Michigan Law Review
It is extremely difficult to obtain precise information concerning the prevalence of this practice. There is only one reported case on the subject, and empirical evidence is almost wholly lacking because of the wide discretion granted sentencing courts in imposing probation conditions, and because of the reluctance of appellate courts to review the exercise of that discretion. However, courts have frequently imposed costs on nonindigent probationers, and in many jurisdictions the statutes which authorize such a probation condition with respect to solvent probationers seem broad enough to include indigents as well. Moreover, two recent studies have unearthed specific data which …
Comment On: State V. Clifton Pearce, James Hinton Pou Bailey
Comment On: State V. Clifton Pearce, James Hinton Pou Bailey
North Carolina Central Law Review
No abstract provided.
War Crimes And Vietnam: The "Nuremberg Defense" And The Military Service Resister, Anthony D'Amato, Harvey . L. Gould, Larry D. Woods
War Crimes And Vietnam: The "Nuremberg Defense" And The Military Service Resister, Anthony D'Amato, Harvey . L. Gould, Larry D. Woods
Faculty Working Papers
We have attempted to establish first that the international laws of warfare are part of American law, and have argued that these laws, when taken as prohibitions of specific methods of waging war, are a practical and effective means of controlling unnecessary suffering and destruction. Second, we have analyzed these laws as they apply to treatment of prisoners of war, aerial bombardment of nonmilitary targets, and chemical and biological warfare, and have marshalled a portion of the available evidence that American forces commit war crimes in Vietnam. Third, we have discussed the defenses of tu quoque, reprisal, military necessity, superior …
An Examination Of The Federal Rules Of Appellate Procedure, Harvey L. Zuckman
An Examination Of The Federal Rules Of Appellate Procedure, Harvey L. Zuckman
Scholarly Articles
My plan here is to note first major changes in appellate procedure wrought by the new federal rules generally and then to comment in some detail upon what I consider to be the most important rules. Where appropriate, I shall note changes in procedure in the individual circuits, particularly the Seventh, Eighth and Tenth Circuits.
Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow
Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow
Reviews
Noah Chomsky has written of Justice Fortas' essay that it "is not serious enough for extended discussion." It would be a mistake to dismiss the essay so lightly. The prestige of Justice Fortas' office almost inevitably will gain for the essay an audience it would not otherwise have had, among whom will be those who will confuse the office with the argument. For some this confusion will insulate the argument from criticism. For others it will tarnish the office.
Book Review, Michael E. Tigar
A Review Of The September 1968 Term Of The Court Of Special Appeals Of Maryland
A Review Of The September 1968 Term Of The Court Of Special Appeals Of Maryland
Maryland Law Review
No abstract provided.
Manufacturing Diversity Jurisdiction, Gilbert Newman
Manufacturing Diversity Jurisdiction, Gilbert Newman
Villanova Law Review (1956 - )
No abstract provided.
Role Of The Attorney In Juvenile Court, Julian Greenspun
Role Of The Attorney In Juvenile Court, Julian Greenspun
Cleveland State Law Review
An attorney once commented that the effect of Gault was to place him in his proper role, that of an advocate whose sole purpose was to defend constitutional rights, and that he did not have to be a social worker or psychologist. But the effect of Gault is to bring counsel into the Juvenile Court, which is a court with compassion. Thus, being a special court, it requires special skills, so that the client may not only receive due process, but if needed, will receive proper care.
The New Administrative State: Judicial Sanction For Agency Self-Determination In The Regulation Of Industry, Ralph F. Fuchs
The New Administrative State: Judicial Sanction For Agency Self-Determination In The Regulation Of Industry, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.