Courts Commons^™

Courts--Powers--Newspaper Reporter's Right To Attend Trial, Julia Johns Kurtz

Kentucky Law Journal

No abstract provided.

Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller

Publications

No abstract provided.

Notes From A Study Of The Caseload Of The Minnesota Supreme Court: Some Comments And Statistics On Pressures And Responses, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

The French Conseil D' Etat: A Case Study In Boundary Maintenance, Robert Carp, Harrell Rodgers

Vanderbilt Journal of Transnational Law

Very little is known about the role that courts play in the total political system of a nation. In two recent works Professors Walter Murphy and Joseph Tanenhaus have centered attention on this question and have isolated some of the major functions of courts and developed several working hypotheses concerning these functions. They suggest that one of the major functions of constitutional courts consists of "defining the rules of the political game and determining the boundaries of authority between competing public officials as well as the boundaries between governmental authority and individual liberty." In approving or disapproving the acts of …

Lay Advocacy And "Legal Services To Youth": Summaries On The Use Of Para-Legal Aides, Henry Mcgee

Faculty Articles

This article discusses the incredibly effective use of legal assistants in the project implemented to assist poor urban youth with legal issues—Legal Services to Youth sponsored by the University of Chicago Law School's Center for Studies in Criminal Justice, under a Ford Foundation grant, was directed to a specialized consumer group, boys under 17 and girls under 18, the jurisdictional age ceiling in the Cook County, Illinois Juvenile Court. Legal assistants were recruited in the area served, and an attempt was made to locate persons who were by background and experience likely to be sympathetic to youth "in trouble." The …

The Power Of District Judges And The Responsibility Of Courts Of Appeals, Paul D. Carrington

Georgia Law Review

FOR some years, the most prestigious commentator on federal practice, Charles A. Wright, has been expressing concern about the apparent evolution of the relation between trial and appellate courts, particularly in the federal judicial system. With his distinguished colleague, Leon Green, he has deplored the fact that "the appellate courts have drawn unto themselves practically all the power of the judicial system."  Although sympathetic with the desires of appellate judges to achieve right results in cases coming before them, Professor Wright urges that this desire has too often been permitted to predominate, that our appellate judges have too often failed …

Review Of Labor And The Legal Process, By H. H. Wellington, Theodore J. St. Antoine

Reviews

If there is a more acute intellect than that of Harry Wellington at work today in labor law, I am unaware of it. This makes his new book all the more troubling, for it reveals the limitations, or perhaps I should even say the deficiencies, of a highly rational approach to the regulation of industrial relations. Professor Wellington has two stated objectives (he disclaims any attempt at a comprehensive text on labor law). First, he wishes to appraise "the role of the legal process in moving collective bargaining to its present position at the center of national labor policy." Second, …

Judicial Review--Selective Service Classifications, Gary Gordon Markham

West Virginia Law Review

No abstract provided.

Judicial Tax Courts For The States: A Modern Imperative, William D. Dexter

University of Michigan Journal of Law Reform

There has been growing discontent among tax gatherers and taxpayers alike over the disposition of state and local tax disputes. Concern centers on the nature of appellate review and its availability irrespective of the tax involved or the amount or subject matter in controversy. In many jurisdictions the system of review in tax cases presents an unwieldy array of alternative administrative and judicial avenues of review which are confusing to the prospective tax appellant and destructive of economy and uniformity in the system. This article will assess the need for a specialized judicial court to review the initial disposition of …

Gleisser: Juries And Justice, Charles S. Desmond

Michigan Law Review

A Review of Juries and Justice by Marcus Gleisser

Bosch And The Binding Effect Of State Court Adjudications Upon Subsequent Federal Tax Litigation, William E. Martin

Vanderbilt Law Review

One of the unique facets of American federalism involves the interaction of state court decrees which determine or characterize an individual's property rights with subsequent federal court litigation which imposes the federal tax burden upon those rights. While Congress determines what relationships are to be taxed, state law creates and state court adjudications measure these relationships.' In 1934 the Supreme Court formulated the standard that the state court decision was to be followed by a federal tax court in the absence of collusion, since the decree established the state "law" in regard to the relevant property. However, the definitional and …

Book Reviews, Richard G. Singer, Alfred H. Knight, Iii

Vanderbilt Law Review

Counsel on Appeal Edited by Arthur A. Charpentier New York: McGraw-Hill, 1968. Pp. xi, 223.

reviewer: Richard G. Singer

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Law Without Sanctions By Michael Barkun New Haven and London: Yale University Press, 1968. Pp. 175. $6.50

reviewer: Alfred H. Knight, III

The Indiana Judicial System: An Analysis And Some Renewed Proposals For Reform, Malcolm L. Morris, A. James Barnes

Indiana Law Journal

No abstract provided.

Summary Judgment In Indiana, John P. Mitchell

Indiana Law Journal

No abstract provided.

Book Review Of The Warren Court, William F. Swindler

William & Mary Law Review

No abstract provided.

Indiana's Need For Legislative Surgery: A Jurisdictional Transplant, Gregory A. Hartzler

Indiana Law Journal

No abstract provided.

Civil Rights, The Constitution And The Courts, By Archibald Cox, Mark Dewolfe Howe, And J.R. Wiggins, Winton D. Woods

Indiana Law Journal

No abstract provided.

Fraudulent Conveyances In The Conflict Of Laws: Easy Cases May Make Bad Law, Albert A. Ehrenzweig, Peter K. Westen

Michigan Law Review

It has been said that hard cases often make bad law. The recent decision by the New York Court of Appeals in James v. Powell suggests that easy cases, too, may make bad law-especially where a scholarly judge ventures beyond the demands of the case before him.

Res Judicata/Preclusion By Judgment: The Law Applied In Federal Courts, Allan D. Vestal

Michigan Law Review

Preclusion is not a simple principle; it is a multifaceted concept affected by a number of relevant variables. A discussion of the principles is meaningful only if specific situations are discussed; to talk in generalities is not profitable. Therefore, for the sake of clarity, this Article will consider several typical situations.

Harvey Probes Fair Trial Rule, John Fancher

William Harvey (1966-1971)

No abstract provided.

Administrative Delay And Judicial Relief, Steven Goldman

Michigan Law Review

The problem of judicial relief from protracted agency delay has been virtually undiscussed in the existing literature. The few courts that have dealt with the delay question have acted instinctively, without providing any rational framework and without articulating either relevant concerns or appropriate standards. This Article will explore the range of issues raised when courts are called upon to grant relief from excessive administrative delay.

Appellate Review Of Legal But Excessive Sentences: A Comparative Study, Gerhard O.W. Mueller, Fre Le Poole

Vanderbilt Law Review

Classical penology was conceived in France in the eighteenth century, and then eclipsed all over the world in the nineteenth, when Lombroso conjured up the picture of the born criminal. It was finally laid to rest in the United States in the twentieth century. Its basic tenet had been simple enough: the legislature in its infinite wisdom would seek and find the appropriate punishment for every crime.This can be accomplished if a crime is defined narrowly enough, perhaps by the creation of subcategories of that crime, so as to encompass all potential perpetrators who will each incur the same amount …

Swift To Erie/York, Hanna And Beyond: Proposed Solutions For A Major Problem Of Diversity Jurisdiction, E. Blythe Stason Jr.

University of Michigan Journal of Law Reform

There are four purposes of this article: First, to expose more fully the nature and dimensions of the difficult problem of determining whether a particular rule is "substantive" or "procedural"; Second, to discuss the various judicial attempts to solve it; Third, to show the shortcomings of those attempts, as manifested in both established doctrine and current federal judicial opinions; and, Fourth, to propose some solutions. It should be made clear that we are involved here with a question of allocating power within our federal union. Diversity characterization functions as an unintended device allocating power between state …

The Right To Counsel And The Role Of Counsel In Juvenile Court Proceedings, Daniel L. Skoler

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault

The Waiver Of Juvenile Court Jurisdiction: Kent Revisited, F. Thomas Schornhorst

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault

An Evaluation Of Gault By A Sociologist, Albert K. Cohen

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault

Gault And The Juvenile Training School, Amos E. Reed

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault

The Gault Decision And Probation Services, William H. Sheridan

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault

Extending Constitutional Rights To Juveniles-Gault In Indiana, Kent H. Westley

Indiana Law Journal

No abstract provided.

Introduction, Dan Hopson Jr.

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault