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Articles 7261 - 7290 of 7578

Full-Text Articles in Judges

Introduction—A Tribute To Justice Douglas, Chief Justice Earl Warren Apr 1964

Introduction—A Tribute To Justice Douglas, Chief Justice Earl Warren

Washington Law Review

The decision of the University of Washington Law Review to commemorate the twenty-fifth anniversary of Mr. Justice Douglas on the Supreme Court of the United States is doubly appropriate. In the first place, his achievements during that important period of his life are in all respects worthy of review and contemplation. Secondly, it is fitting that a University of the great Northwest should make the synthesis at this midway stage of his brilliant judicial career because he is as much a Westerner in the old tradition as is to be found in public life today. Born in the Midwest, reared …


The Supreme Court On Trial, By Charles S. Hyneman, William M. Beaney Apr 1964

The Supreme Court On Trial, By Charles S. Hyneman, William M. Beaney

Indiana Law Journal

No abstract provided.


Judicial Conferences Of The Third Circuit, Joseph A. Katarincic Jan 1964

Judicial Conferences Of The Third Circuit, Joseph A. Katarincic

Duquesne Law Review

Democratic institutions remain vigorous and effective only when governed by free men who willingly submit the structure and processes of government to critical examination. The judicial branch of government has willingly submitted itself to public scrutiny. More than that, members of the bench and bar have diligently and courageously examined and adopted needed changes and reforms in the system which they administer and hold in public trust. They have not been timid; their success is noteworthy. This success is immediately evidenced by the great efforts expended in drafting and revising the Judicial Code of the United States, the Federal Rules …


Judicial Selection And Tenure In Indiana: A Critical Analysis And Suggested Reform Jan 1964

Judicial Selection And Tenure In Indiana: A Critical Analysis And Suggested Reform

Indiana Law Journal

Indiana's method of selecting its judiciary by the partisan election process has for years been considered wholly inadequate by those who have given it serious thought. Yet that system persists, notwithstanding many efforts at legislative reform. The Editors of the Indiana Law Journal feel it is the responsibility of all citizens, attorneys and judges to continually seek adoption of the most sound method of selecting and retaining in public office those entrusted with the responsibility of administering justice. The following nwte is presented as one writer's evaluation of the present system and its alternatives, in the hope that it will …


Misconduct Of Judges And Attorneys During Trial: Informal Sanctions, Charles W. Ehrhardt Jan 1964

Misconduct Of Judges And Attorneys During Trial: Informal Sanctions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


The Military Trial Judge, George D. Schrader Jan 1964

The Military Trial Judge, George D. Schrader

Kentucky Law Journal

No abstract provided.


Introduction, Joseph O'Meara Jan 1964

Introduction, Joseph O'Meara

Journal Articles

A symposium was held on February 29, 1964, devoted to the constitutional amendments proposed by the Council of State Governments. Very briefly these amendments would (1) vest power to amend the Constitution in State legislatures; (2) set up a "Court of the Union," composed of the chief justice of the supreme court of each of the 50 states, which would have authority to review "any judgment of the Supreme Court relating to the rights reserved to the states or to the people by this Constitution"; (3) take from the federal courts all jurisdiction over the apportionment of representation in State …


Power To Comment On The Issue Of Guilt: Trial By Jury Or Trial By Judge, Thomas F. Schilpp Jan 1964

Power To Comment On The Issue Of Guilt: Trial By Jury Or Trial By Judge, Thomas F. Schilpp

Villanova Law Review (1956 - )

No abstract provided.


One Man's Stand For Freedom. By Irving Dilliard, Stanley Mosk Jan 1964

One Man's Stand For Freedom. By Irving Dilliard, Stanley Mosk

San Diego Law Review

Much can be said against compilations of the works of men whose career and production of more works continues unabated. Selectivity and evaluation are necessarily tentative. Irving Dilliard, former staff member of the St. Louis Post-Dispatch, has attempted to overcome that difficulty in his book on Justice Hugo LaFayette Black by choosing only opinions relating to the collection of seventy-five opinions, sans citations and footnotes, made readable for the layman and referable for the lawyer. Of the 97 Justices served as long as Justice Black. The collection in Dilliard's book corroborates his conclusion that "beginning with the very foundations of …


Book Review, W. N. Ethridge, Jr. Dec 1963

Book Review, W. N. Ethridge, Jr.

Vanderbilt Law Review

The consummation of Llewellyn's particular interest in the craft of appellate judging was his classic The Common Law Tradition: Deciding Appeals, which he completed in 1960. After reading it,no appellate judge could decide a case or write an opinion without being affected to some extent by Llewellyn's method and criteria. He conceived of law as the product of a rational process. The traditional dichotomy of reason and experience are reconcilable by development of legal methods in a rational framework. This technique clarifies and supports the sociological jurisprudence of Holmes, Cardozo, and Brandeis.


Constitutional Law—Federal Recess Appointments, Theordore Roodner Jul 1963

Constitutional Law—Federal Recess Appointments, Theordore Roodner

Washington Law Review

Allocco, who had been convicted of a narcotics violation by a jury, petitioned a United States District Court to grant his motion for release under 28 U.S.C. § 2255, alleging that his conviction should be set aside because the judge who sat at his trial was not properly appointed to his office so as to be able to exercise the judicial power conferred by U.S. Const. art. III. The district court denied his motion and the court of appeals affirmed. This was the first federal decision in recent times to deal directly with the recess appointment power and the first …


Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed. Jun 1963

Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed.

Michigan Law Review

This comment seeks to analyze each decision against its historical background. No more than a proforma attempt will be made to integrate one decision with the others, for sufficient material is not yet available to predict with any accuracy the Court's ultimate achievements in this important area of federal civil procedure.


Federal Civil Procedure-Federal Rule 16-Definition Of Issues By The Pre-Trial Judge, F. Bruce Kulp Jr. Jun 1963

Federal Civil Procedure-Federal Rule 16-Definition Of Issues By The Pre-Trial Judge, F. Bruce Kulp Jr.

Michigan Law Review

Plaintiff instituted a civil antitrust suit against defendant in 1956. After numerous pre-trial conferences, the parties reached agreement as to the definition of only some of the issues. On other issues, however, the parties tendered different versions and were unable to reach an agreement. In a progress memorandum, the court issued a pre-trial order adopting defendant's version of the issues and rejecting the version proposed by plaintiff. The court reasoned that, under Federal Rule 16, it has the authority to adopt the formulation of issues proposed by one of the parties even though the other party is not in complete …


Selection And Tenure Of Maryland Judges: An Explanation Of A Proposal, Robert J. Martineau Jan 1963

Selection And Tenure Of Maryland Judges: An Explanation Of A Proposal, Robert J. Martineau

Maryland Law Review

No abstract provided.


Change Of Venue And Change Of Judge In A Civil Action In Indiana: Proposed Reforms Jan 1963

Change Of Venue And Change Of Judge In A Civil Action In Indiana: Proposed Reforms

Indiana Law Journal

No abstract provided.


Book Review, William W. Van Alstyne Jan 1963

Book Review, William W. Van Alstyne

Faculty Scholarship

This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.


One Man’S Stand For Freedom: Opinions And Lectures Of Mr. Justice Hugo Black, William W. Van Alstyne Jan 1963

One Man’S Stand For Freedom: Opinions And Lectures Of Mr. Justice Hugo Black, William W. Van Alstyne

Faculty Publications

This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.


Justices Black And Frankfurter: Conflict In The Court, By Wallace Mendelson, Harry Kalven Jr. Jul 1962

Justices Black And Frankfurter: Conflict In The Court, By Wallace Mendelson, Harry Kalven Jr.

Indiana Law Journal

No abstract provided.


Congressional Repair Of The Erie Derailment, Leonard V. Quigley Jun 1962

Congressional Repair Of The Erie Derailment, Leonard V. Quigley

Michigan Law Review

It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.


Constitutional Law--Justice Of The Peace Disqualified By Pecuniary Interest--1961 Statute Held Invalid, John Everett Busch Apr 1962

Constitutional Law--Justice Of The Peace Disqualified By Pecuniary Interest--1961 Statute Held Invalid, John Everett Busch

West Virginia Law Review

No abstract provided.


The Opinions Of Hughes And Sutherland And The Rights Of The Individual, R. Perry Sentell, Jr. Mar 1962

The Opinions Of Hughes And Sutherland And The Rights Of The Individual, R. Perry Sentell, Jr.

Vanderbilt Law Review

A pair of tasks are undertaken by Mr. Sentell in this article: First, he analyzes and compares the opinions of Justices Sutherland and Hughes on the substantive and procedural rights of individuals, and cites both contemporary and present day comment on these opinions. Second, he probes the more difficult problem concerning the probability of judges of highly dissimilar philosophies and backgrounds reaching consistent agreement in particular areas of the law.


Book Review Of Handbook For Judges, Robert T. Armistead Mar 1962

Book Review Of Handbook For Judges, Robert T. Armistead

William & Mary Law Review

No abstract provided.


Kirchheimer: Political Justice: The Use Of Legal Procedure For Political Ends, Kenneth S. Carlston Mar 1962

Kirchheimer: Political Justice: The Use Of Legal Procedure For Political Ends, Kenneth S. Carlston

Michigan Law Review

A Review of Political Justice: The Use of Legal Procedure for Political Ends. By Otto Kirchheimer.


Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey Feb 1962

Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey

Michigan Law Review

A Review of The Judicial Decision- Toward A Theory of Legal Justification By Richard A. Wasserstrom.


Survey Of Metropolitan Courts: Final Report, Maxine Boord Virtue Jan 1962

Survey Of Metropolitan Courts: Final Report, Maxine Boord Virtue

Michigan Legal Studies Series

Adhering to the view that the original question is important, unanswered, and essential to a proper development of standards of judicial administration, the Section arranged for the University of Michigan Law School to supervise and for the author of the Detroit study to prepare a final report for the metropolitan court survey, which will make use of such material as comes to hand from all available sources in an attempt to identify, characterize, and classify the special problems of metropolitan courts. The report will also include a discussion of the methods being brought to bear on those problems, their advantages …


Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider Nov 1961

Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider

Michigan Law Review

A Review of The Common Law Tradition- Deciding Appeals. By Karl N. Llewellyn.


The Rule Of Law And The Judicial Process, Luke K. Cooperrider Feb 1961

The Rule Of Law And The Judicial Process, Luke K. Cooperrider

Michigan Law Review

An anecdote which I believe I recall from one of Professor Brogan's ·writings concerns a conversation between the archbishop and the chief justice about the relative importance of their respective powers. After the conversation had continued for some time the archbishop sought to administer the coup de grâce. "I have the advantage of you, your lordship, because you see, in the long run, the most you can say to a man is, 'You shall be hanged!' whereas it is within the functions of my office to say, 'You shall be damned!' " To this, after a moment of thought, …


Presenting Judge David D. Banta - Solid Citizen Of City In '80s, Bennett P. Reed Jan 1961

Presenting Judge David D. Banta - Solid Citizen Of City In '80s, Bennett P. Reed

David Banta (1889-1896)

Profile of David Demaree Banta


Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers Jan 1961

Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers

University of Richmond Law Review

Important amendments to its Rules, effective April 1, 1961, were recently adopted by the Supreme Court of Appeals of Virginia. Perhaps the change of most interest to trial lawyers was the revision of Rule 3:23 relating to D'epositions and Discovery in Actions at Law.


Dawson: A History Of Lay Judges, Spencer L. Kimball Jan 1961

Dawson: A History Of Lay Judges, Spencer L. Kimball

Michigan Law Review

A Review of A History of Lay Judges . By John P. Dawson