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Articles 7081 - 7110 of 7921
Full-Text Articles in Supreme Court of the United States
Extraordinary Writ Practice In Criminal Cases: Analogies For The Military Courts, Edward H. Cooper
Extraordinary Writ Practice In Criminal Cases: Analogies For The Military Courts, Edward H. Cooper
Articles
Extraordinary writs have two central functions in the hands of appellate courts. One is to enforce the court's mandate; there is no particular difficulty with this use of the writs, and no more need be said about it. The other function is to circumvent the ordinary channels of appellate review. In this function, writs operate as appeals in all but name. As this use has become more and more routine, it would be more appropriate to speak of them as "appeals writs" rather than extraordinary writs. My assignment is to speak of the experience with appeals writs in criminal cases …
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Publications
No abstract provided.
Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr
Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr
Faculty Publications
The judicial creation of a new rule of law raises the essential question whether that rule is to be applied retroactively orprospectively only. The consistency of the traditionalm andatoryr etroactivityr ule has given way to a more flexible retroactivity ana sis. The change occurred in 1965 when the Supreme Court in Linkletter v. Walker squarelfaced a rule that, if applied retroactively, would have affected thousands of criminal convictions. The Linkletter doctrine has since defined the contours of federal retroactivity ana sis to include three basic considerations: purpose of the rule in question, reliance by theparties on the rule, and effect …
Is The Supreme Court On The Reagan Team?, Neal Devins
Is The Supreme Court On The Reagan Team?, Neal Devins
Popular Media
No abstract provided.
Leveling The Road From Borg-Warner To First National Maintenance: The Scope Of Mandatory Bargaining, Michael C. Harper
Leveling The Road From Borg-Warner To First National Maintenance: The Scope Of Mandatory Bargaining, Michael C. Harper
Faculty Scholarship
The Supreme Court's most recent effort to distinguish nonmandatory bargaining topics, First National Maintenance Corp. v. NLRB, 19 illustrates the Court's lack of clarity in this area and vindicates Cox's and Wellington's criticisms of the Court's approach in Borg-Warner. In First National Maintenance (F.N.M.), the Court held that an employer's decision "to shut down part of its business purely for economic reasons" was outside the scope of mandatory bargaining.20 The Court could cite no evidence that Congress intended to prevent employee representatives from obtaining full effective bargaining over such decisions, nor did it articulate any general principle to …
State Income Taxation Of Multijurisdictional Corporations, Part Ii: Reflections On Asarco And Woolworth, Walter Hellerstein
State Income Taxation Of Multijurisdictional Corporations, Part Ii: Reflections On Asarco And Woolworth, Walter Hellerstein
Michigan Law Review
The first part of this Article, State Income Taxation of Multijurisdictional Corporations: Reflections on Mobil, Exxon, and H.R. 5076, did not contemplate a sequel. The Supreme Court's decisions last term in two state corporate income tax cases, however, created an irresistible opportunity to write one. The Court's opinions in ASARCO and Woolworth picked up where its opinions in Mobil and Exxon left off. Yet the direction taken by these more recent decisions veers sharply from the course ostensibly set by their predecessors. This Article will consider the Court's latest pronouncements in this area in a continuing if quixotic effort to …
Zant V. Stephens, Lewis F. Powell Jr.
Barefoot V. Estelle, Lewis F. Powell Jr.
Barefoot V. Estelle, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Legislative Branch And The Supreme Court, James Willard Hurst
The Legislative Branch And The Supreme Court, James Willard Hurst
University of Arkansas at Little Rock Law Review
No abstract provided.
Book Notes, Roger C. Cramton, Barbara Marshment
Book Notes, Roger C. Cramton, Barbara Marshment
Journal of Legal Education
No abstract provided.
Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review
Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review
Michigan Law Review
Part I briefly identifies the considerations underlying the Stone Court's decision to limit habeas corpus review of fourth amendment claims. Part II then argues against applying Stone to the sixth amendment claim. After establishing the analytic difference between the two constitutional claims and examining Stone's "opportunity for full and fair litigation" standard, it concludes that Stone is fully consistent with free review of habeas corpus petitions alleging incompetent handling of fourth amendment questions. Finally, responding to a popular interpretation of Stone, Part II demonstrates that the possibility that ineffectiveness claims may not further the determination of a defendant's …
The Doctrine Of Prior Restraint Since The Pentagon Papers, James L. Oakes
The Doctrine Of Prior Restraint Since The Pentagon Papers, James L. Oakes
University of Michigan Journal of Law Reform
The purpose of this speech is to examine how the doctrine against prior restraint has evolved since the Pentagon Papers case. I intend to demonstrate that while traditional antipathy to prior restraint has for the most part remained strong, several recent cases foreshadow a dangerous expansion of well-established exceptions to the doctrine. To understand fully the significance of these recent cases, I will begin this lecture with a general discussion of the historical origins of the doctrine against prior restraint. I will then proceed with a critical overview of the landmark Pentagon Papers case, more formally called New York Times …
Applying Criticisms Of The Warren Court To The Burger Court: A Case Study Of Richmond Newspapers, Inc. V. Virginia, Erwin O. Switzer
Applying Criticisms Of The Warren Court To The Burger Court: A Case Study Of Richmond Newspapers, Inc. V. Virginia, Erwin O. Switzer
University of Arkansas at Little Rock Law Review
No abstract provided.
Review Article Of The Brandeis/Frankfurter Connection: The Secret Political Activities Of Two Supreme Court Justices, John P. Frank
Review Article Of The Brandeis/Frankfurter Connection: The Secret Political Activities Of Two Supreme Court Justices, John P. Frank
Journal of Legal Education
No abstract provided.
Economic Liberties And The Constitution, Michigan Law Review
Economic Liberties And The Constitution, Michigan Law Review
Michigan Law Review
A Review of Economic Liberties and the Constitution by Bernard H. Siegan
Charles Black's Rediscovery Of The Ninth Amendment, And What He Found There, Russell L. Caplan
Charles Black's Rediscovery Of The Ninth Amendment, And What He Found There, Russell L. Caplan
Michigan Law Review
A Review of Decision According to Law by Charles L. Black, Jr.
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, Michigan Law Review
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, Michigan Law Review
Michigan Law Review
A Review of The Court Years, 1939-1975: The Autobiography of William O. Douglas by William O. Douglas
Psycho-Enigmatizing Felix Frankfurter, Eugene Gressman
Psycho-Enigmatizing Felix Frankfurter, Eugene Gressman
Michigan Law Review
A Review of The Enigma of Felix Frankfurter by H.N. Hirsch
A Psychohistorical View Of Mr. Justice Frankfurter, Andrew S. Watson
A Psychohistorical View Of Mr. Justice Frankfurter, Andrew S. Watson
Michigan Law Review
A Review of The Enigma of Felix Frankfurter by H.N. Hirsch
The Limits Of Litigation: Putting The Education Back Into Brown V. Board Of Education, T. Alexander Aleinikoff
The Limits Of Litigation: Putting The Education Back Into Brown V. Board Of Education, T. Alexander Aleinikoff
Michigan Law Review
A Review of Shades of Brown: New Perspectives on School Desegregation edited by Derrick Bell
United States Supreme Court Review Of Tenth Circuit Decisions: Community Communications Corporation V. City Of Boulder -- Reversed, Kingsley R. Browne
United States Supreme Court Review Of Tenth Circuit Decisions: Community Communications Corporation V. City Of Boulder -- Reversed, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
The Assertion Of Constitutional Jus Tertii: A Substantive Approach, Robert Allen Sedler
The Assertion Of Constitutional Jus Tertii: A Substantive Approach, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Trademarks And Competition: The Ives Cases, 15 J. Marshall L. Rev. 319 (1982), Vincent N. Palladino
Trademarks And Competition: The Ives Cases, 15 J. Marshall L. Rev. 319 (1982), Vincent N. Palladino
UIC Law Review
No abstract provided.
The At&T Agreement: Reorganization Of The Telecommunications Industry And Conflicts With Illinois Law, 15 J. Marshall L. Rev. 563 (1982), Frederic D. Tennenbaum, Michael P. Hurst
The At&T Agreement: Reorganization Of The Telecommunications Industry And Conflicts With Illinois Law, 15 J. Marshall L. Rev. 563 (1982), Frederic D. Tennenbaum, Michael P. Hurst
UIC Law Review
No abstract provided.
Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd
Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd
UIC Law Review
No abstract provided.
The Navigation Easement And Unjust Compensation, 15 J. Marshall L. Rev. 357 (1982), James M. Brady
The Navigation Easement And Unjust Compensation, 15 J. Marshall L. Rev. 357 (1982), James M. Brady
UIC Law Review
No abstract provided.
Caseload Explosion: The Appellate Response, 16 J. Marshall L. Rev. 1 (1982), Richard Henry Mills
Caseload Explosion: The Appellate Response, 16 J. Marshall L. Rev. 1 (1982), Richard Henry Mills
UIC Law Review
No abstract provided.
The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel
The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel
UIC Law Review
No abstract provided.
Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel
Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel
Book Chapters
During the 1960s, the Warren Court's decisions in the field of criminal procedure were strongly denounced by many prosecutors, police officers, and conservative politicians. Some of these critics were careful in their description of the Warren Court's record. Others let their strong opposition to several of the Court's more highly publicized decisions destroy their perception of the Court's work as a whole.
Individual And Community: An Appreciation Of Mr. Justice Powell, Christina B. Whitman
Individual And Community: An Appreciation Of Mr. Justice Powell, Christina B. Whitman
Articles
When the nomination of Lewis F. Powell, Jr., to the Supreme Court of the United States was submitted to the Senate Judiciary Committee ten years ago, much was made of his extraordinary record of service to his city, his state, and his profession.1 Justice Powell's career has been a model of individual responsibility to society. His belief in the value of civic life, and in the desirability of making such a life available to everyone, has been a dominant influence in his work on the Supreme Court. In what follows, I shall attempt to define some of the assumptions with …