Supreme Court Orders Federal District Judge to Try Legal Counterclaim before Equitable Claim so That Counterclaimant's Right to Jury Trial on Common Fact Issue May Be Preserved

1959 ◽  
Vol 59 (6) ◽  
pp. 938 ◽  
BMJ ◽  
2009 ◽  
Vol 338 (mar09 2) ◽  
pp. b964-b964
Author(s):  
J. H. Tanne
Keyword(s):  

Never Trump ◽  
2020 ◽  
pp. 197-220
Author(s):  
Robert P. Saldin ◽  
Steven M. Teles

This chapter explores the creation of Checks and Balances, a new group of conservative legal critics of the Trump administration. From his racist attack on the federal district judge ruling on the Trump University case and suspicions that he would appoint his own sister to the Supreme Court, to his threats to revise libel law so as to silence his rivals and his nearly total lack of constitutional discussion, Donald Trump was almost no prominent conservative lawyer's first choice. Once he dispatched all his Republican rivals, however, conservative lawyers were in a quandary. The death of Antonin Scalia, the most celebrated conservative jurist of his generation and a leader of the conservative legal movement, put the future of the Supreme Court squarely on the ballot. Once the character of Trump's governance became clear, Checks and Balances emerged to criticize the administration's legal conduct.


2018 ◽  
Vol 112 (1) ◽  
pp. 109-117

On December 4, 2017, the U.S. Supreme Court permitted the most recent version of President Trump's executive action restricting the entry of nationals from certain countries to take effect. The decision stayed nationwide injunctions granted by two federal district courts on constitutional and statutory grounds. This version of Trump's “travel ban,” (EO-3), issued on September 24, 2017, restricts the entry of nationals from Iran, Libya, Somalia, Syria, and Yemen—all of whom had been restricted under previous orders—as well as North Korea, Venezuela, and Chad. While litigation continues in the Courts of Appeals for the Fourth and Ninth Circuits, the Trump administration fully implemented EO-3 by December 8.


Author(s):  
Timothy R. Johnson

This article discusses courtroom proceedings in U.S. federal courts. It begins by examining how federal district courts conduct trials. To make clear how these proceedings run it compares what really happens in most trials compared to how Hollywood portrays trials. In addition, it considers several key rights associated with trial proceedings. From there, it considers how federal circuit courts conduct business in open court. A key aspect of this section is how circuit proceedings differ across the country because each circuit has different rules governing arguments. Finally, it assesses the oral arguments in the U.S. Supreme Court as well as how these proceedings may affect the decisions justices make. In each section it provides a descriptive overview of the processes and then discusses current research and direction for future analyses.


2020 ◽  
pp. 1025
Author(s):  
Robert Stack

After reviewing the place of securities law enforcement within the Canadian court system, the author traces the Peers and Aitkens decisions from the Provincial Court to the Supreme Court and outlines how these cases dealt with the question of what penalties trigger the right to a jury trial under section 11(f) of the Charter. The author explains how section 11(f) impacts the division of powers by creating a constitutional cap on the prison sentences that are available for violations of provincial law. In light of stiff maximum penalties for violations of securities laws, the Peers and Aitkens decisions raise the question of whether there are constitutional reasons to continue to try regulatory offences by judge alone in provincially appointed courts.


Author(s):  
Howard P. Chudacoff

This chapter discusses the case of Board of Regents of the University of Oklahoma v. National Collegiate Athletic Association. Arguments in the case focused on whether the NCAA was acting illegally under the Sherman Anti-Trust Act of 1890 by monopolizing all college football television contracts. In September 1982, Judge Juan Burciaga of the Federal District Court for Western Oklahoma decided in favor of the plaintiffs, concluding that the NCAA was a “classic cartel. ... exercising almost absolute control over the supply of college football which is made available to the networks, to television advertisers, and ultimately to the viewing public.” The judge concluded that the NCAA violated antitrust law by acting in restraint of trade in three ways: fixing prices of telecasts; creating boycotts of networks excluded from its contracts and threatening boycotts of its own members that might engage in alternative television contracts; and placing an artificial limit on televised college football. The NCAA took the case to the Supreme Court. However, on June 27, 1984, the Supreme Court upheld verdicts of the District and Appeals Courts.


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