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Articles 331 - 360 of 372

Full-Text Articles in Jurisdiction

Addressing The Needs Of Attorneys For The Damned, Sean O'Brien Jan 1990

Addressing The Needs Of Attorneys For The Damned, Sean O'Brien

Faculty Works

This article is an introduction to the UMKC Law Review symposium issue dedicated to exploring the topic of capital punishment. UMKC Professor of Law Sean O’Brien shares how the growing importance of capital litigation makes this a timely and appropriate subject for consideration and shares how the university and the Law Review's attention to the death penalty debate contributes to more than just academic discussion.


A Revisionist Theory Of Abstention, Barry Friedman Dec 1989

A Revisionist Theory Of Abstention, Barry Friedman

Michigan Law Review

This article offers a straightforward model for identifying cases in which abstention threatens federal rights - and so is inappropriate and cases in which federal rights are not so threatened and state interests require abstention. Part I provides some background on the abstention doctrines, clarifying· the competing premises that must be reconciled in order to develop a coherent, unified abstention doctrine. Part II then sets out the basis for the revisionist theory and the manner in which it would operate, arguing that a federal trial forum only need be - and only should be - available where necessary to protect …


Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association Jan 1988

Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association

Touro Law Review

No abstract provided.


Problem Diskrecije U Americkoj Pravnoj Misli, Charles M. Yablon Jan 1988

Problem Diskrecije U Americkoj Pravnoj Misli, Charles M. Yablon

Articles

No abstract provided.


Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin Jan 1987

Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin

Touro Law Review

No abstract provided.


The Availability Of Injunctions In Bankruptcy To Restrain Collection Of I.R.C. 6672(A) Penalties, Beth K. Neelman Jan 1986

The Availability Of Injunctions In Bankruptcy To Restrain Collection Of I.R.C. 6672(A) Penalties, Beth K. Neelman

Cardozo Law Review

No abstract provided.


Depraved Mind Murder And Intoxication: Some Sobering Thoughts On People V. Register Jan 1985

Depraved Mind Murder And Intoxication: Some Sobering Thoughts On People V. Register

Touro Law Review

No abstract provided.


Jurisdictional Bases For Criminal Legislation And Its Enforcement, B.J. George Jr. Jan 1983

Jurisdictional Bases For Criminal Legislation And Its Enforcement, B.J. George Jr.

Michigan Journal of International Law

The doctrine of jurisdiction-the authority of nations or states to create or prescribe penal or regulatory norms and to enforce them through administrative and judicial action- has been a source of difficulty in both international and domestic law for centuries. The last two decades, however, have witnessed more conflicts over the invocation of forum penal laws to reach persons and activities outside national boundaries than had arisen for more than a century before. Moreover, treaties restricting some dimensions of penal jurisdiction based on other than the territorial concept have become increasingly common, and some nations have legislated to prevent their …


Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter Jan 1982

Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter

Cardozo Law Review

Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution


Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger Jan 1976

Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger

Villanova Law Review (1956 - )

No abstract provided.


Finality And Habeas Corpus: Is The Rule That Res Judicata May Not Apply To Habeas Corpus Or Motion To Vacate Still Viable, Marilyn L. Kelley Dec 1975

Finality And Habeas Corpus: Is The Rule That Res Judicata May Not Apply To Habeas Corpus Or Motion To Vacate Still Viable, Marilyn L. Kelley

West Virginia Law Review

No abstract provided.


Criminal Procedure--Habeas Corpus--Federal Jurisdiction Expanded, Charles J. Kaiser Feb 1974

Criminal Procedure--Habeas Corpus--Federal Jurisdiction Expanded, Charles J. Kaiser

West Virginia Law Review

No abstract provided.


Lie Detector Test - Transcript Of Hearing, Supreme Court Of The State Of New York Mar 1973

Lie Detector Test - Transcript Of Hearing, Supreme Court Of The State Of New York

Motions

No abstract provided.


Federal Jurisdiction - In The Absence Of Bad Faith Harassment By State Authorities, The Mere Showing Of A Chilling Effect On First Amendment Freedoms Held Insufficient To Warrant A Federal Injunction Staying State Criminal Proceedings, Robert W. Sheppy Jan 1972

Federal Jurisdiction - In The Absence Of Bad Faith Harassment By State Authorities, The Mere Showing Of A Chilling Effect On First Amendment Freedoms Held Insufficient To Warrant A Federal Injunction Staying State Criminal Proceedings, Robert W. Sheppy

Loyola University Chicago Law Journal

No abstract provided.


Recent Legislation, J. Rodney Johnson Jan 1972

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.


Nonresidents And Jurisdiction: A Modern Dilemma In Civil And Criminal Procedure, Malcolm J. Gross, Robert M. Schwartz Jan 1965

Nonresidents And Jurisdiction: A Modern Dilemma In Civil And Criminal Procedure, Malcolm J. Gross, Robert M. Schwartz

Villanova Law Review (1956 - )

No abstract provided.


The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder Jun 1963

The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder

Michigan Law Review

The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.


The Constitution And Contempt Of Court, Ronald Goldfarb Dec 1962

The Constitution And Contempt Of Court, Ronald Goldfarb

Michigan Law Review

Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …


Abstracts Of Recent Cases, James Kilgore Edmundson Jr. Dec 1961

Abstracts Of Recent Cases, James Kilgore Edmundson Jr.

West Virginia Law Review

No abstract provided.


Criminal Procedure - Jurisdiction - Juvenile Court's Right To Exclusive Jurisdiction Over A Contempt Proceeding Originally Initiated Against A Minor Child In A Court Of General Jurisdiction, Victor J. Gibbons S.Ed. Nov 1960

Criminal Procedure - Jurisdiction - Juvenile Court's Right To Exclusive Jurisdiction Over A Contempt Proceeding Originally Initiated Against A Minor Child In A Court Of General Jurisdiction, Victor J. Gibbons S.Ed.

Michigan Law Review

A seventeen-year-old minor sought a writ of prohibition against a circuit court to prevent it from enforcing a decree of contempt of court which resulted from her refusal to testify before a grand jury proceeding. She asserted that her refusal to testify was a public offense covered by the juvenile code, over which the juvenile court had exclusive jurisdiction. In an original proceeding, held, order of prohibition denied. The purpose of a direct contempt citation is to compel obedience to, and respect for, the court and not to punish for a public offense; consequently, because contempt is only quasi-criminal …


Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume Dec 1958

Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume

Michigan Law Review

The area north and east of Lake Michigan, organized in 1805 as Michigan Territory, was first organized in 1796 as Wayne County of the Northwest Territory. In 1800 the western half of the county, and in 1803 the eastern half, became parts of Indiana Territory, and so remained until July 1805. In 1818 Michigan Territory was expanded westward so as to include all of the area north of Illinois to the Mississippi River.


Snee & Pye: Status Of Forces Agreement: Criminal Jurisdiction, B. J. George Jr. Jun 1958

Snee & Pye: Status Of Forces Agreement: Criminal Jurisdiction, B. J. George Jr.

Michigan Law Review

A Review of Status of Forces Agreement: Criminal Jurisdiction: Criminal Jurisdiction. By Joseph M. Snee, S.J. and Kenneth A. Pye


Constitutional Law - Privilege Against Self-Incrimination - Danger Of Prosecution In Other Jurisdictions, George R. Haydon, Jr. Apr 1958

Constitutional Law - Privilege Against Self-Incrimination - Danger Of Prosecution In Other Jurisdictions, George R. Haydon, Jr.

Michigan Law Review

Defendant, a witness called by the New Hampshire attorney general in an investigation of subversive activities, was granted statutory immunity in New Hampshire from criminal prosecution which might arise from his testimony and was ordered to testify. Since any disclosures would create serious danger of prosecution by the United States and Massachusetts, whose agencies were also investigating his activities, defendant refused to testify despite the grant of immunity, invoking the privilege against self-incrimination guaranteed by the state constitution. He was found guilty of contempt, subject to his exceptions regarding the constitutionality of the immunity statute. On hearing before the state …


Criminal Jurisdiction Of The Kentucky Courts: A Tentative Codification, Roy Mitchell Moreland Jan 1958

Criminal Jurisdiction Of The Kentucky Courts: A Tentative Codification, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


The Original Criminal Jurisdiction Of Courts In Kentucky, H. Wendell Cherry, Linza B. Inabnit Jan 1958

The Original Criminal Jurisdiction Of Courts In Kentucky, H. Wendell Cherry, Linza B. Inabnit

Kentucky Law Journal

No abstract provided.


Criminal Procedure - Venue - Federal Offenses Committed Outside The Jurisdiction Of Any State Or District, Richard R. Dailey May 1955

Criminal Procedure - Venue - Federal Offenses Committed Outside The Jurisdiction Of Any State Or District, Richard R. Dailey

Michigan Law Review

The defendant, an army staff sergeant, was under custody at Fort Meade, Maryland, awaiting disposition of charges of sodomy lodged against him under the Articles of War. After a delay of four months, the charges were dropped and he was shipped by the Army to Fort Jay, New York, where he was separated from the service. Immediately upon his release, he was arrested by the Federal Bureau of Investigation under a commissioner's warrant charging him with treason committed in Japan during a prior enlistment in the army. At the trial in the District Court for the Southern District of New …


Transfer Of Federal Offenses Committed In More Than One District Or Division, Lester B. Orfield Nov 1952

Transfer Of Federal Offenses Committed In More Than One District Or Division, Lester B. Orfield

Michigan Law Review

Rule 21 (b) of the Federal Rules of Criminal Procedure provides: "The court upon motion of the defendant shall transfer the proceeding as to him to another district or division, if it appears from the indictment or information or from a bill of particulars that the offense was committed in more than one district or division and if the court is satisfied that in the interest of justice the proceeding should be transferred to another district or division in which the commission of the offense is charged."


Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed. Apr 1951

Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.

Michigan Law Review

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …


Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed. Apr 1951

Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.

Michigan Law Review

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …


Military Habeas Corpus: I, Seymour W. Wurfel Feb 1951

Military Habeas Corpus: I, Seymour W. Wurfel

Michigan Law Review

The mobilization of over twelve million persons into the armed forces in World War II made necessary a vastly expanded resort to court martial proceedings to enforce the criminal law. The trial by military tribunals of civilian employees of the military establishment in overseas areas and of prisoners of war and war crimes defendants added substantially to the number confined by military authority. On January 31, 1950, there remained in federal penal institutions 2508 prisoners serving civilian type felony sentences imposed by military tribunals. Before World War II, legal problems arising from attempts to invoke the remedy of habeas corpus …