Jurisprudence Commons^™

The Meaning Of Judicial Self-Restraint, Richard A. Posner

Indiana Law Journal

No abstract provided.

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.

Beyond Cases: Reconsidering Judicial Review, Janet S. Lindgren

Journal Articles

No abstract provided.

How Courts Govern America, H. John Rogers

West Virginia Law Review

No abstract provided.

Interstitial Lawmaking: Uniformity Or Conformity?, Lillian Harris Lockary

Mercer Law Review

When Congress does not fully address the substantive law contemplated by a statute, federal courts have the responsibility to fashion a governing rule of decision according to their own standards-the conflict of laws rules of the forum. More precisely, the task of judicial legislation could be labeled one of interstitial lawmaking, of interpreting an indeterminate statute, rather than conflict of law. If subject matter jurisdiction is founded on a federal statute, and not diversity of citizenship, the source of law for the litigation is federal, and the rule of Erie R.R. v. Tompkins, that state law applies of its …

Punitive Damages And Double Jeopardy: A Critical Perspective Of The Taber Rule, Doyal E. Mclemore Jr.

Indiana Law Journal

No abstract provided.

The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay

Buffalo Law Review

No abstract provided.

The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman

Buffalo Law Review

No abstract provided.

Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke

Federal Judicial Center Reports

This publication is a product of a study undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development on matters of judicial administration. The analyses, conclusions, and points of view are those of the authors. This work has been subjected to staff review within the Center, and publication signifies that it is regarded as responsible and valuable. It should be emphasized, however, that on matters of policy, the Center speaks only through its Board.

Questioning Intervention Of Right -- Toward A New Methodology Of Decisionmaking, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Inconsistency In The United States Courts Of Appeals: Dimensions And Mechanisms For Resolution, Stephen L. Wasby

Vanderbilt Law Review

This Article is based on an extensive study of the United States Courts of Appeals for the Eighth and Ninth Circuits that focused on two interrelated questions. The first question was how judges in geographically large circuits communicate with each other when they are not all stationed in the same city.' The focus of this Article is on the second question-the problem of intracircuit inconsistency. The study is based on largely open-ended interviews with the Ninth Circuit's active-duty and senior circuit judges and with some active-duty and senior district judges who had sat most frequently with the court of appeals …

Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer

Seattle University Law Review

To avoid reaching incorrect verdicts as a result of insufficient evidence, courts generally require witnesses to testify to all relevant facts within their knowledge. Two important exceptions to this general rule, incompetency and privilege, rest on very different rationales. Developed at common law to exclude unreliable evidence, rules of competency disqualify certain untrustworthy witnesses from testifying. To promote extrinsic public policies, however, privileges excuse competent witnesses from providing what may be highly probative and reliable evidence. In the past decade there have been calls for legislative or judicial recognition of a parent-child privilege, similar to the marital privilege, that would …

The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal

Cardozo Law Review

No abstract provided.

Judicial Controls And The Civil Litigative Process: Discovery, Paul R. Connolly, Edith A. Holleman, Michael J. Kuhlman

Federal Judicial Center Reports

This report should be viewed as a beginning. It explores from one perspective the operation of the federal rules governing discovery as revealed in more than 7,000 docketed requests appearing in more than 3,000 terminated cases in six United States district courts, (A survey of practitioners in the six districts suggests that the docketed requests cover the great bulk of discovery activity.) The report is a continuation of the Center's District court studies Project, the first report of which (Case Management and Court Management in United States District Court) appeared several months ago.

Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle

Articles by Maurer Faculty

The adoption of a new principle of law invariably impinges upon related legal concepts, raising issue that were not considered when the law was changed. The adoption of comparative negligence, a drastic departure from the long-held principle of contributory negligence, has forced courts to consider how the related concept of assumption of risk is affected by the change. Because there are different types of assumption of risk, and various doctrinal, practical, and policy issues, a proper determination of the role for assumption of risk in a comparative negligence system depends upon a thorough examination of many relevant considerations. Unfortunately, two …

Prior Consistent Statements, Arthur H. Travers Jr.

Publications

No abstract provided.

Justiciability And Theories Of Judicial Review: A Remote Relationship, Lee A. Albert

Journal Articles

No abstract provided.

Can/Should Computers Replace Judges?, Anthony D'Amato

Faculty Working Papers

Speculates concerning judicial decision-making to test, at least theoretically, what some of the implications of jurisprudential advances might be. Proposes as the means of making this test a consideration of whether a computer may be so programmed as to replace the judicial function of judges.

An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.

Publications

The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.

Federal Courts, Injunctions, Declaratory Judgments, And State Law: The Supreme Court Has Finally Fashioned A Workable Abstention Doctrine, Clair E. Dickinson

Cleveland State Law Review

The American judicial system is founded on several policies which act as guideposts for the courts. Among these is the policy that states should be as free from federal control as possible. At the opposite end of the spectrum is the view that federal courts have a duty to protect individuals from violations of their constitutional rights. These policies meet, and seemingly clash, when a plaintiff enters a federal court either to request a declaratory judgment that a state statute is unconstitutional or to seek an injunction against the enforcement of the statute. The balancing of these competing interests has …

The Uniqueness Of The Warren And Burger Courts In American Constitutional History, P. Allan Dionisopoulos

Buffalo Law Review

No abstract provided.

The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost

West Virginia Law Review

Fear of governmental domination prompted the founders of the United States to restrict governmental interference with individual liberties. Indeed, the Bill of Rights was added to the Constitution to prohibit tampering with preferred freedoms. One such prohibition is that no citizen can be deprived of his life, liberty or property solely upon governmental accusations. Such deprivation can follow only after determination of guilt by a jury of the individual's peers. However, West Virginia statutorily denies paupers this fundamental right to a trial by their peers. This denial constitutes an invidious discrimination violative of the equal protection clause of the Constitution.

National Institute Of Justice--A Proposal, Bert H. Early

West Virginia Law Review

No abstract provided.

Evidence - Presumption That Judge Disregarded Incompetent Evidence In Reaching His Verdict Does Not Obtain Where An Objection To The Evidence Has Been Overruled, Thomas P. Carney Jr.

Loyola University Chicago Law Journal

No abstract provided.

Judicial Opinion Analysis, John J. Daley

LLM Theses and Essays

The aim of this paper is to suggest a method of judicial opinion analysis. This method has five essential aspects: 1) form; 2) procedure; 3) precedential value; 4) authority; and 5) substance. Observation of these aspects in judicial opinions should broaden legal and jurisprudential perspective and cause critical analysis of case dispositions.

Comment On: State V. Clifton Pearce, James Hinton Pou Bailey

North Carolina Central Law Review

No abstract provided.

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

Ethics Of Advocacy, Alexander Holtzoff

Buffalo Law Review

No abstract provided.

Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler

Villanova Law Review (1956 - )

No abstract provided.

Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.

Publications

The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.