Courts Commons^™

The Doctrine Of Precedent As Applied To Administrative Decisions, Ray Jay Davis

West Virginia Law Review

When the Twentieth Century acceleration of administrative dispensation of justice has come criticism of procedures followed by administrative agencies. Many complaints focus upon procedural differences between administrative and judicial adjudication, considering the latter as the acceptable norm and any deviation therefrom by administrative officials as erroneous. One such objection is that administrative tribunals do not adhere to the Anglo-American doctrine of precedent; that, instead of acting in accord with generalizations gleaned from their previous adjudications, they treat each case as a single, unique instance. Criticism of this sort presupposes that the same values served by judicial adherence to precedent are …

Volume 24 (1955-1957)

Tennessee Law Review

No abstract provided.

Prejudicial Error: Admissions And Exclusions Of Evidence In The Federal Courts, Robert W. Gibbs

Villanova Law Review (1956 - )

No abstract provided.

Pecuniary Interest Of Justices Of The Peace In Kentucky; The Aftermath Of Tumey V. Ohio, Kenneth Vanlandingham

Kentucky Law Journal

No abstract provided.

The Motion For A Directed Verdict In Indiana: An Evaluation Of Present Standards

Indiana Law Journal

No abstract provided.

Kansas Labor Law And District Court Injunctions, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

Domestic Relations--Family Courts, Jesse S. Hogg

Kentucky Law Journal

No abstract provided.

Constitutional History Of Ohio Appellate Courts, Lee E. Skeel

Cleveland State Law Review

The right of appeal, using the word appeal in the broad sense now given it in the Appellate Procedure Act of Ohio, contemplates the removal of a case after judgment or final order, from a court of inferior jurisdiction to a court of higher jurisdiction, in the judicial process for retrial or review. Appeal, particularly on questions of law, is not the procedure intended to be depended on in the first instance to win a lawsuit. Appellate courts were provided in order to protect against trial court mistakes which result in substantial prejudice, or in the denial of justice to …

Compulsory Joinder Of Parties In Civil Actions, John W. Reed

Articles

The plaintiff in a civil cause ordinarily is permitted to select the persons with whom he will litigate. The initial designation of parties to an action is made by the plaintiff, and if he chooses to sue B and not A,' that is ordinarily of no concern to B or to A or to the court. So also where the plaintiff without A as co-plaintiff sues B. Not always, however, is the plaintiff permitted unfettered choice in naming the parties to his lawsuit. On the one hand there are persons whose relationship to the situation in litigation is outside the …

The Practical Way To Prepare A Case For An Appellate Court, Campbell Palmer Iii

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.

Constitutional Law - Grand Jury Under The Fifth Amendment Indictments Not Subject To Attack On Evidentiary Ground, Jerome K. Walsh, Jr. S.Ed.

Michigan Law Review

Defendant was indicted by a grand jury on four counts of willfully evading federal income taxes due for the years 1946, 1947, 1948 and 1949. His motion before trial to dismiss the indictment on the ground that he was firmly convinced that there could have been no legal or competent evidence before the grand jury was denied by the trial court. At the conclusion of the government's case, and again just before the case went to the jury, counsel for the defendant moved to dismiss the indictment on the ground that only hearsay evidence offered by three revenue agents had …

Report Of The Judicial Council On Expediting The Work Of The Supreme Court, Alfred J. Schweppe

Washington Law Review

The problem is the work load of the supreme court. According to the two most recent chief justices, Judge Hamley who has just left the rostrum, and Judge Donworth, who is here in the audience, the Supreme Court of the State of Washington is falling rather rapidly behind. In the May term of this year it was impossible for the court to set all of the cases that were ready for assignment. In the September term many cases now ready for assignment will go unset and cannot be set until the January term and the backlog of cases is increasing. …

Treaties As Law In National Courts With Especial Reference To The United States, Quincy Wright

Indiana Law Journal

No abstract provided.

Courts--Construction Of Local Statutes By Foreign Court--Survival Of Criminal Action After Corporate Dissolution, M. J. P.

West Virginia Law Review

No abstract provided.

Courts--Supervisory Powers--Enjoinment Of Federal Narcotics Agent From Testifying In State Court, T. E. P.

West Virginia Law Review

No abstract provided.

Constitutional Law - Right To Counsel In Juvenile Court, John A. Ziegler Jr.

Michigan Law Review

In April 1953 petitioner was found to have violated a law by the juvenile court. Being under the age of eighteen, he was committed to the National Training School for Boys of the District 0£ Columbia. He was paroled about a year later but was re-arrested in March 1955 for violation of his parole and brought before the United States Parole Board. Before the parole board could take action he petitioned the federal district court for a writ of habeas corpus on the ground that the action of the juvenile court in 1953 had been unconstitutional in that petitioner had …

Small Claims Courts Versus Justices Of The Peace, Lee Silverstein

West Virginia Law Review

The purpose of this essay is to appraise justice of the peace courts in West Virginia and suggest possible improvements. Discussion will center on civil rather than criminal jurisdiction. Both constitutional and statutory methods of reform will be considered.

Courts--The Syllabus In West Virginia--Law Or Official Headnote, J. L. Mcc.

West Virginia Law Review

No abstract provided.

Courts--Contempt--Attorney Not An "Officer" Of The Court Within The Meaning Of The Federal Contempt Statute, M. J. P.

West Virginia Law Review

No abstract provided.

Constitutional Law - Due Process - Use Of Habeas Corpus To Allow Federal Court To Review State Court Jury Determination Of Voluntariness Of Confession, Herbert R. Brown S.Ed.

Michigan Law Review

The prisoner had been convicted of murder in the state court. He brought a habeas corpus proceeding in federal district court to secure his release from custody on the ground that the conviction was based on a confession which was obtained by physical violence. The confession had been submitted to the jury, which was instructed to consider it only if it found that it was not obtained by duress or fear produced by threats. The district court granted the writ of habeas corpus. On appeal, held, affirmed. The district court could determine the facts of the case for itself. …

Patent Office Performance In Perspective, George E. Frost

Michigan Law Review

" the only patent that is valid is one which this Court has not been able to get its hands on."

Justice Jackson's note of despair reflects all too accurately the treatment patents have seemingly received in the hands of the courts since the "new trend" of recent years. It has become the legal fashion to characterize letters patent as something the Patent Office issues and the courts strike down. Statistical support for this conclusion can be readily assembled.

Courts--Construction Of Local Statute By Foreign Court--Survival Of Criminal Action After Corporate Dissolution, M. J. P.

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Governmental Activities--Recognition in Forum of Sister State's Original Revenue Claim

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Constitutional Law--State Taxation of Interstate Commerce--Sales Tax on Shipboard Sales to Passengers

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Courts--Certiorari from United States Supreme Court--Loss of Importance Ground for Dismissal

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Domestic Relations--Adoption--Revocation of Consent by Natural Parents

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Evidence--Admissibility--Exclusion of Evidence Obtained by Unreasonable Search and Seizure

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Federal Procedure--Illegal Search--Injunction Against Agent's Testifying in State Court

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Income Taxation--Claim of Right Income--Time of Deduction when Restoration Required

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Malicious Prosecution--Privilege--Filing of Complaint with Bar Ethics and Grievance Committee

Judicial Administration In Maryland - The Administrative Office Of The Courts, Robert G. Dixon Jr.

Maryland Law Review

No abstract provided.

Judicial Administration In Maryland - Comments, Arthur T. Vanderbilt

Maryland Law Review

No abstract provided.

Some Abuses Of Antitrust Prosecution: The Investment Bankers Case, Ralph M. Carson

Michigan Law Review

The epochal decision of Judge Medina on October 14, 1953, in United States v. Morgan has already been the subject of adverse criticism by the losing Government counsel and defense by an opposing lawyer. Professor Steffen's grief at the ruin of his handiwork has led him into the impropriety of attacking with unwarranted epithet a thoroughly considered decision by one of the most eminent judges now sitting in our federal courts and into the more symptomatic fault of attributing to the new chief of the Antitrust Division political motivation in his decision not to appeal. He has the assurance to …

Constitutional Law - Due Process - Power Of Michigan One-Man Grand Jury To Punish Contempt, Stephen C. Bransdorfer S.Ed.

Michigan Law Review

Petitioners were two witnesses called before a Detroit Recorder's Court judge sitting as a Michigan one-man grand jury to investigate suspected police corruption. During the hearings both petitioners were cited for contempt. An order to show cause why they should not be punished was issued by the judge. Subsequently, in open hearings, the same judge convicted and sentenced petitioners. The Michigan Supreme Court affirmed. On certiorari to the United States Supreme Court, held, reversed. To allow a judge who sat as a one-man grand jury to preside at a contempt hearing regarding the same witnesses violates due process. In …

Labor Law - Lmra - Substantive Application By A State Court Of Section 8(B), George E. Ewing S.Ed.

Michigan Law Review

The defendant unions peacefully picketed the Valley Lumber Company to force the adoption of a closed shop agreement. The employees had indicated that they did not desire union affiliation or representation and the employer had not recognized any union. The NLRB Regional Director refused to assert jurisdiction over the company for certification purposes because the employer's interstate business was below the Board's jurisdictional yardsticks. The trial court asserted jurisdiction to award damages and an injunction against the picketing. On appeal, held, affirmed, three justices dissenting. Not only was the trial court's jurisdiction proper but it could apply section 8 …

Labor Law - Federal Procedure - Stay Of State Court Proceedings Involving Matters Within The Exclusive Jurisdiction Of The Nlrb, Arne Hovdesven S.Ed.

Michigan Law Review

Richman Brothers sought and was granted a state court injunction against organizational picketing conducted by the union. The complaint alleged acts which were unfair labor practices under section 8 (b) (2) of the amended National Labor Relations Act. The union, after failing to obtain removal of this action, unsuccessfully applied for a federal district court injunction against the state court proceedings. On appeal, held, affirmed. Section 2283 of the Judicial Code prevents a federal court injunction of a state court proceeding, despite the fact that the activities involved are within the exclusive jurisdiction of the National Labor Relations Board. …