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Articles 901 - 923 of 923
Full-Text Articles in Legislation
Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Plaintiff's View, John D. Grad, Philip J. Hirschkop
Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Plaintiff's View, John D. Grad, Philip J. Hirschkop
University of Richmond Law Review
During the years of the Warren Court, much social progress was achieved in this country through litigation. In the areas of civil liberties and civil rights this was chiefly done through affirmative law suits brought in federal court under the Civil Rights Act of 1870. While this Act was not widely used in its first ninety years, its development in the last two decades has been remarkable. Suits under the Constitution and this Act have brought dramatic change in the fields of civil rights and civil liberties.
Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Defendant's View, Burnett Miller Iii
Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Defendant's View, Burnett Miller Iii
University of Richmond Law Review
There can be little doubt that since the late 1960's the status and conditions of our prisons have become a public issue. It can probably be said without citation that as a general proposition most states have found their prisons in a state of need. Our prisons have for many years been economically neglected in the wake of more publicly acceptable priorities. The philosophy seemed to be that prisoners were criminals that should be put away, and their lot was of their own making. There would then, of course, always be more pressing and socially acceptable purposes for which to …
A Review Of Prisoners' Rights Litigation Under 42 U .S.C . §1983, Scott D. Anderson, Theodore I. Brenner, Vera Duke, James E. Gray, Ronald M. Maupin
A Review Of Prisoners' Rights Litigation Under 42 U .S.C . §1983, Scott D. Anderson, Theodore I. Brenner, Vera Duke, James E. Gray, Ronald M. Maupin
University of Richmond Law Review
Before the mid-1960's, the federal courts frequently invoked the "hands-off" doctrine, a rule of deference to state correctional administrators, when petitioned by inmates to review conditions in state jails and prisons. When applied, the doctrine essentially held that a state prisoner's grievance was beyond the scope of authority or competence ofthe federal judiciary. With an increasing realization during the late 1960's and early 1970's that federal court intervention into state prison matters would be necessary, the 42 U.S.C. § 19831 civil rights complaint became the leading tool for effecting change in the area of prisoners rights. In order to gain …
Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller
Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller
Publications
No abstract provided.
Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein
Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein
Faculty Scholarship
No abstract provided.
The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger
The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger
Buffalo Law Review
No abstract provided.
Emerging Standards For Implied Actions Under Federal Statutes, Gary W. Klotz
Emerging Standards For Implied Actions Under Federal Statutes, Gary W. Klotz
University of Michigan Journal of Law Reform
This article will examine the theoretical basis for finding implied causes of action in legislation and the development of the implication doctrine in the federal courts. In particular, the Cort v. Ash case will be discussed, both in terms of the standards articulated by the Supreme Court in dicta and the potential impact of Cort on the law of implied remedies.
Attorney's Securities Law Liabilities, Roberta S. Karmel
Attorney's Securities Law Liabilities, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
Publications
No abstract provided.
Labor Law--Res Judicata--The Applicability Of Res Judicata And Collateral Estoppel To Actions Brought Under Section 8(B) (4) Of The National Labor Relations Act, Michigan Law Review
Labor Law--Res Judicata--The Applicability Of Res Judicata And Collateral Estoppel To Actions Brought Under Section 8(B) (4) Of The National Labor Relations Act, Michigan Law Review
Michigan Law Review
This Note is concerned primarily with the possibility of granting preclusive effect to the Board's determination of the issue of union liability under the section 8(b)(4) charge. Since traditional collateral estoppel principles must be adapted somewhat when applied to the Board's procedures, the preclusive effect given to the prior determination of liability will be referred to simply as "estoppel" in order to avoid confusion with the doctrine of collateral estoppel as it was developed in the courts.
Book Reviews, William J. Bowe, Ralph S. Brown Jr., Leonard S. Powers, Hiram H. Lesar, Leonard Oppenheim, John S. Bradway, Richard C. Maxwell, Edward L. Barrett Jr., Charles H. Livengood Jr.
Book Reviews, William J. Bowe, Ralph S. Brown Jr., Leonard S. Powers, Hiram H. Lesar, Leonard Oppenheim, John S. Bradway, Richard C. Maxwell, Edward L. Barrett Jr., Charles H. Livengood Jr.
Journal of Legal Education
No abstract provided.
The Statute Of Limitations In Antitrust Litigation, Carl H. Fulda, Howard C. Klemme
The Statute Of Limitations In Antitrust Litigation, Carl H. Fulda, Howard C. Klemme
Publications
No abstract provided.
The Statute Of Limitations In Antitrust Litigation Ii, Carl H. Fulda, Howard C. Klemme
The Statute Of Limitations In Antitrust Litigation Ii, Carl H. Fulda, Howard C. Klemme
Publications
No abstract provided.
Venue-The Need For A Change In The Venue Provisions Of The Federal Employers' Liability Act, S. I. Shuman S.Ed.
Venue-The Need For A Change In The Venue Provisions Of The Federal Employers' Liability Act, S. I. Shuman S.Ed.
Michigan Law Review
In response to the need created by a highly dangerous era of railroad employment, and subsequent to the passage of similar legislation in Europe, there was enacted in 1906 a Federal Employers' Liability Act. The attempted coverage of the first FELA was too broad to withstand the constitutional scrutiny of a five-to-four Supreme Court, and it consequently remained for the Congress of 1908 to enact valid legislation for the protection of the railroad employee. Whether or not: the FELA is the most efficacious solution to the problem of the injured railroad employee continues to be warmly debated, but for the …
Alternative Pleading: I, Roy W. Mcdonald
Alternative Pleading: I, Roy W. Mcdonald
Michigan Law Review
The present series of articles seeks to test the extent to which the dictates of this common professional experience have influenced the statutes, rules, and precedents which govern our civil practice. As a background for a review of procedures typical of the code and federal practice within the United States, it will be useful initially to consider briefly the English practice during the past century and a half. The English procedures, as they existed at the end of the eighteenth century, though everywhere locally modified and simplified in some respects, formed authoritative guides for the practices of most of the …
Applicability To States Of Federal Legislation Speaking In General Terms, D. C. C. Jr.
Applicability To States Of Federal Legislation Speaking In General Terms, D. C. C. Jr.
West Virginia Law Review
No abstract provided.
Litigation Problems Under The Social Security Act, Jack B. Tate
Litigation Problems Under The Social Security Act, Jack B. Tate
Indiana Law Journal
No abstract provided.
Review By Infant Notwithstanding Representation In Prior Suit
Review By Infant Notwithstanding Representation In Prior Suit
Indiana Law Journal
Legislation Comment
Judgments - Federal Declaratory Judgments Act, Charles R. Moon Jr.
Judgments - Federal Declaratory Judgments Act, Charles R. Moon Jr.
Michigan Law Review
Underlying the declaratory judgment is the idea that in an organized and civilized society where law and order are thoroughly recognized and established, coercion is normally unnecessary to settle legal disputes between parties. The belief is that in many lawsuits the plaintiff is not seeking a means of coercing the defendant but that the plaintiff and the defendant merely want a final and conclusive decision of a disputed question on which their legal relations depend. The value of the declaratory judgment lies in that it may be used to settle this dispute, in many cases before any other form of …
Garnishment Of Public Corporations, Jeff B. Fordham
Garnishment Of Public Corporations, Jeff B. Fordham
West Virginia Law Review
The notion that garnishment of public corporations is against public policy early took root in the minds of American judges. The history of the subject is an interesting commentary on the growth of our law. The policy objection, based principally on the avoidance of inconvenience to public administration, has been accorded wide judicial acceptance with only occasional reconsideration on the merits. Stare decisis and that characteristic, but for the most part commendable, conservatism of bench and bar have done their part to entrench the doctrine. Judicial revolt against it, which has occurred largely in cases involving municipalities, has made only …
Conciliation Of Controversies
Michigan Law Review
It is a matter of common criticism more or less just that the administration of law is unnecessarily tedious and expensive. Particularly among those of the poorer classes is it true that the delay and expense incident to the enforcement of small claims amounts to a practical denial of justice. With a view toward relieving this situation, North Dakota adopted the first state-wide act for the conciliation of controversies. Chapter 38, Laws of North Dakota, 1921. That act has recently been put to the test and upheld in the case of Klein v. Hilton (N. D., 1922), 191 N. W. …
Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood
Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood
Articles
The great lengths to which the defense of insanity has been carried in homicide cases has induced numerous legislative attempts to abolish the evil; and the fate which such legislation has met and deserves at the hands of the courts is a matter of considerable interest.
The Standard Oil Fine, Horace Lafayette Wilgus
The Standard Oil Fine, Horace Lafayette Wilgus
Articles
August 3, 1907, Judge Landis, in the United States District Court, for the Northern District of Illinois, sentenced the Standard Oil Co. to pay the largest fine ever inflicted upon any offender.1 The suit was an indictment on 1,903 counts for violations of the Elkins Rebate Law in receiving concessions on the movement of 1,903 cars of oil from Whiting, Indiana, to East St. Louis, Illinois, and from Chappell, Illinois, to St. Louis, Missouri, during the eighteen months between September I, 1903, and March 1, 1905. Four hundred and forty-one counts were withdrawn as not necessarily involved in this case. …