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Articles 6991 - 7020 of 7594

Full-Text Articles in Judges

Crisis In The Courts: Proposals For Change, Griffin B. Bell Jan 1978

Crisis In The Courts: Proposals For Change, Griffin B. Bell

Vanderbilt Law Review

The popular conception of the crisis in the courts focuses upon the condition of the courts and particularly upon the increasing volume of disputes that are presented for resolution. For example,Judge Ruggero J. Aldisert of the Third Circuit, one of the busiest federal circuits, has observed: "The reality is that today there is a mad rush to the Federal courts." The available statistics reflect Judge Aldisert's observation. For instance, according to the most recent report of the Administrative Office of the United States Courts, record numbers of cases have been filed in the circuit and district courts during the past …

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Managing Civil Litigation: The Trial Judge's Role, William W. Schwarzer Jan 1978

Managing Civil Litigation: The Trial Judge's Role, William W. Schwarzer

Faculty Scholarship

No abstract provided.

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Prior Consistent Statements, Arthur H. Travers Jr. Jan 1978

Prior Consistent Statements, Arthur H. Travers Jr.

Publications

No abstract provided.

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Review On A Virginia Cause, William Hamilton Bryson Jan 1978

Review On A Virginia Cause, William Hamilton Bryson

Law Faculty Publications

A book review on A Virginia Cause by B. Lamb.

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Epieikeia: Equitable Lawmaking In The Construction Of Statutes, Raymond B. Marcin Jan 1978

Epieikeia: Equitable Lawmaking In The Construction Of Statutes, Raymond B. Marcin

Scholarly Articles

No abstract provided.

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Judicial Overload: The Reasons And The Remedies , Maria Marcus Jan 1978

Judicial Overload: The Reasons And The Remedies , Maria Marcus

Faculty Scholarship

Animosity towards lawyers, perennial in our social history long before Watergate, parallels a contradictory and equally persistent belief in judges as problem-solvers for a variety of personal, economic, educational and political ills. An increasing number of litigants are bringing to the courts not only the class of disputes that has been the traditional fare of judicial decision-making, but also an array of issues that were formerly resolved in private meetings, at hospitals, in schools, or at home. The causes of this explosion of lawsuits and the possible buffers to an eventual implosion in our judicial system will be discussed below

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Judge Robert R. Merhige, Jr. - Strict Constructionist Weathers The Storm, Paul K. Campsen, P. Christopher Guedri, Jennings G. Ritter Ii, Edward H. Starr Jr. Jan 1978

Judge Robert R. Merhige, Jr. - Strict Constructionist Weathers The Storm, Paul K. Campsen, P. Christopher Guedri, Jennings G. Ritter Ii, Edward H. Starr Jr.

University of Richmond Law Review

On August 27, 1967, Robert R. Merhige, Jr., was commissioned as a United States District Court Judge for the Eastern District of Virginia, the embarkment upon what many members of the legal community have labeled a controversial judicial career. However, examination of Judge Merhige's numerous decisions reveals that his image as a disputatius public figure has been more than a function of his flare for vehemently enforcing pronouncements and policies of the Supreme Court. The man, who created fervor throughout this state and the South with his publicly chastised busing decisions of the early 1970s, has been a victim of …

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Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks Dec 1977

Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks

Cornell Law Faculty Publications

The rules of evidence have evolved, in the main, to protect the jury from being misled, prejudiced or confused by certain types of evidence which might be presented to it. The rules attempt to achieve this purpose by utilizing a number of techniques, which were fashioned by common law judges. First, evidence which gives rise to these dangers might be excluded from the jury's consideration altogether. Secondly, such evidence might have to be corroborated by other evidence before the jury is permitted to reach a verdict in the case. Thirdly, the judge might be compelled to instruct the jury that …

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Stump V. Sparkman, Lewis F. Powell Jr. Oct 1977

Stump V. Sparkman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr. Oct 1977

Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Toward A Judicial Role For The Twenty-First Century, Charles L. Black, Jr. Oct 1977

Toward A Judicial Role For The Twenty-First Century, Charles L. Black, Jr.

Washington Law Review

Tonight, I am shifting to a new perspective in time. I would ask you to think of us as standing at a midpoint, just about equally distant from the decision in Brown v. Board of Education and the beginning of a new century, some twenty-three years back and forward. I remember the day the Brown case was decided; I learned of it, on a May afternoon still fragrant, from a group of Columbia law students in the drugstore-luncheonette on the corner of 116th Street and Broadway in New York. If you remember that day, or some other day in that …

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The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie Girth Oct 1977

The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie Girth

University of Michigan Journal of Law Reform

This article examines the effort to maximize judicial control over the bankruptcy process and its impact on H.R. 8200's procedural requirements for the nonbusiness bankruptcy option known currently as the wage earners' plan. As background, it describes the present nonbusiness bankruptcy options and the statutory procedures for monitoring confirmed wage earners' plans. Then, using illustrative samples from three years of cases in the Buffalo region of the Western District of New York, it assesses whether present plans are being administered in accordance with the statutory formalities. The economic incentives which affect creditors' behavior in taking advantage of their opportunities to …

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Caesar's Wife Revisited*--Judicial Disqualification After The 1974 Amendments Sep 1977

Caesar's Wife Revisited*--Judicial Disqualification After The 1974 Amendments

Washington and Lee Law Review

No abstract provided.

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The Use Of Advisory Juries In Obscenity Cases, Jeffrey B. Berman Jul 1977

The Use Of Advisory Juries In Obscenity Cases, Jeffrey B. Berman

Faculty Works

Almost two hundred years ago, the Founding Fathers faced the question of whether or not the Constitution should provide for a trial by jury in civil cases in federal courts. The Constitutional Convention said no, 1 but the state ratifying conventions said yes and won the day. Today, trial judges must periodically face the question of whether or not there is a right to a trial by jury in civil cases. The trial judge's decision is, however, different from that of the Founding Fathers. The trial judge must decide whether a right to a jury trial exists in a particular …

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The Standards' Recommendations On Dispositions: A Panel Discussion, Stanley Z. Fisher, Howard A. Levine, Fred Cohen Jul 1977

The Standards' Recommendations On Dispositions: A Panel Discussion, Stanley Z. Fisher, Howard A. Levine, Fred Cohen

Faculty Scholarship

ROFESSOR STANLEY FISHER, MODERATOR: Good evening. I'd like to welcome you all here. Of all of the volumes of the Juvenile Justice Standards Project, I suppose the most controversial are those dealing with the disposition stage. They have elicited a good deal of critical comment, even though they haven't yet been published, and many of the comments and criticisms have apparently been on the basis of speculation and rumor as to what the Standards actually say. We have with us tonight to discuss these Standards two persons who have a great deal of expertise in this field. The first, on …

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Judicial Protection Of Minorities, Terrance Sandalow May 1977

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …

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Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira Apr 1977

Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira

IUSTITIA

In the following pages, I shall outline the basics of a method for studying the motivations of trial judges - or any public officials, for that matter - that I find particularly interesting and fruitful - "incentive theory". The use of incentive theory is, in my view, a preliminary contribution to an ongoing movement to fill glaring gaps in the literature on judicial motivation and trial judging.

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Dedication - John Simpson Hastings, Judicial Conference Of The United States, John Paul Stevens, Jesse E. Eschbach, Wilbur F. Pell Jr., Herman B. Wells, Board Of Visitors, William H. Rehnquist, Patrick L. Baude, James A. Strain, Jeffrey J. Kennedy Apr 1977

Dedication - John Simpson Hastings, Judicial Conference Of The United States, John Paul Stevens, Jesse E. Eschbach, Wilbur F. Pell Jr., Herman B. Wells, Board Of Visitors, William H. Rehnquist, Patrick L. Baude, James A. Strain, Jeffrey J. Kennedy

Indiana Law Journal

The Board of Editors dedicates this issue of the Indiana Law Journal to the memory of the honorable John Simpson Hastings. In a manner befitting the man, many of Judge Hastings' friends and associates have provided their personal remarks regarding his achievements on the bench and as an active alumnus of Indiana University. We hope that these remarks will serve in some small way to preserve the memory of a truly great man.

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Judicial Impeachments And The Struggle For Democracy In South Carolina, James W. Ely, Jr. Mar 1977

Judicial Impeachments And The Struggle For Democracy In South Carolina, James W. Ely, Jr.

Vanderbilt Law Review

Judicial tenure had become a sensitive issue in the colonies before the American Revolution. Although the Act of Settlement of 1701 guaranteed tenure during good behavior for judges in England, this statute did not extend to the colonies, and royal governors regularly were instructed to issue judicial commissions at the pleasure of the Crown. Judges in New York briefly secured appointments for good behavior during the 1750's, but in 1761 the King in Council directed that henceforth no commission could be granted except at pleasure. In 1759 the Pennsylvania Assembly passed a measure providing that judges in that colony would …

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The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner Jan 1977

The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner

Villanova Law Review (1956 - )

No abstract provided.

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Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas Jan 1977

Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas

Indiana Law Journal

No abstract provided.

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Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, E. Philip Soper Jan 1977

Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, E. Philip Soper

Michigan Law Review

This article offers a review of the Hart-Dworkin dispute and a qualified defense of the positivist's model against Dworkin's attack. The defense is cast primarily in the form of the second possible response to a descriptive theory: Dworkin's attack fails, I suggest, because it involves descriptive claims that can be accommodated to the positivist's conceptual theory regardless of one's view about the plausibility of those claims.

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Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller Jan 1977

Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller

Publications

No abstract provided.

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American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins Jan 1977

American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins

Publications

No abstract provided.

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Tribute To Chief Justice Donald R. Wright, Thomas Ehrlich Jan 1977

Tribute To Chief Justice Donald R. Wright, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

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Policy, Rights, And Judicial Decision, Kent Greenawalt Jan 1977

Policy, Rights, And Judicial Decision, Kent Greenawalt

Faculty Scholarship

H.L.A. Hart has rightly been recognized as the outstanding contemporary figure in Anglo-American jurisprudence. His deep insight, penetrating analysis, lucid and graceful expression, and wise judgment have illumined every subject to which he has put his hand, and all who are interested in the philosophy of law have been affected by his work. It is a special privilege for me to participate in this issue devoted to publication of his Sibley lecture, because I am one of those who have been fortunate enough to have studied under him. My early efforts were exposed to his searching, but always tactful and …

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Thorns In Their Sides: Courts And Their Critics In Florida, D. Grier Stephenson, Jr. Dec 1976

Thorns In Their Sides: Courts And Their Critics In Florida, D. Grier Stephenson, Jr.

Florida State University Law Review

No abstract provided.

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Novack V. Schuler | Clinton V. Whalen, John T. Fitzpatrick Nov 1976

Novack V. Schuler | Clinton V. Whalen, John T. Fitzpatrick

1976-1981 State Reporter Decisions

No abstract provided.

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Application: Robert J. Connor | Garth C. Lax | Norma Bartle | Lloyd S. Riford, Jr., Roger J. Miner '56 Oct 1976

Application: Robert J. Connor | Garth C. Lax | Norma Bartle | Lloyd S. Riford, Jr., Roger J. Miner '56

1976-1981 State Reporter Decisions

No abstract provided.

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Essays From The Bench (Introduction), Eugene A. Wright Oct 1976

Essays From The Bench (Introduction), Eugene A. Wright

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

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