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Judge Wilkey's Contributions To Criminal Law, Donald B. Ayer Nov 1985

Judge Wilkey's Contributions To Criminal Law, Donald B. Ayer

BYU Law Review

No abstract provided.


Judge Wilkey And The Office Of Legal Counsel, Theodore B. Olson Nov 1985

Judge Wilkey And The Office Of Legal Counsel, Theodore B. Olson

BYU Law Review

No abstract provided.


The Changing Relationship Of The Judiciary To The Policy And Administrative Processes Of Governments: An Overview Of Recent Commentary On The Nature, Causes, Consequences, And Proposals For Reform Of Contemporary Judicial Encroachment, Stephen L. Fluckiger Nov 1985

The Changing Relationship Of The Judiciary To The Policy And Administrative Processes Of Governments: An Overview Of Recent Commentary On The Nature, Causes, Consequences, And Proposals For Reform Of Contemporary Judicial Encroachment, Stephen L. Fluckiger

BYU Law Review

No abstract provided.


The Politics Of Statutory Construction, Daniel M. Harris Nov 1985

The Politics Of Statutory Construction, Daniel M. Harris

BYU Law Review

No abstract provided.


Judge Wilkey's Biography And Significant Judicial Opinions Nov 1985

Judge Wilkey's Biography And Significant Judicial Opinions

BYU Law Review

No abstract provided.


Remarks Made At The Farewell Reception To Judge Wilkey, Warren E. Burger Nov 1985

Remarks Made At The Farewell Reception To Judge Wilkey, Warren E. Burger

BYU Law Review

No abstract provided.


Judge Wilkey And The J. Reuben Clark Law School Of Brigham Young University, Carl S. Hawkins Nov 1985

Judge Wilkey And The J. Reuben Clark Law School Of Brigham Young University, Carl S. Hawkins

BYU Law Review

No abstract provided.


A Law Clerk's View Of Judge Wilkey, Michael W. Mosman Nov 1985

A Law Clerk's View Of Judge Wilkey, Michael W. Mosman

BYU Law Review

No abstract provided.


Judge Wilkey's Contributions To Administrative Law And The Law Of Separation Of Powers, Steven S. Rosenthal Nov 1985

Judge Wilkey's Contributions To Administrative Law And The Law Of Separation Of Powers, Steven S. Rosenthal

BYU Law Review

No abstract provided.


Judge Wilkey's Contributions To International Law And The Foreign Relations Law Of The United States, Harold H. Koh Nov 1985

Judge Wilkey's Contributions To International Law And The Foreign Relations Law Of The United States, Harold H. Koh

BYU Law Review

No abstract provided.


Judge Wilkey's Contributions To The Cause Of Justice Through Improving Competence In The Federal Forum, Caridad Matthews Nov 1985

Judge Wilkey's Contributions To The Cause Of Justice Through Improving Competence In The Federal Forum, Caridad Matthews

BYU Law Review

No abstract provided.


Citation Sources And The New York Court Of Appeals, Mary Anne Bobinski Oct 1985

Citation Sources And The New York Court Of Appeals, Mary Anne Bobinski

Buffalo Law Review

No abstract provided.


Confronting Uncertainty In Child Abuse Adjudication: A Contextual Analysis Of Theories Of The Judical Role In A Changing Society, Lawrence W. Cohen Mar 1985

Confronting Uncertainty In Child Abuse Adjudication: A Contextual Analysis Of Theories Of The Judical Role In A Changing Society, Lawrence W. Cohen

Antioch Law Journal

Throughout history scholars have attempted to defend myriad conceptions of the judicial role. For instance, Corwin believed that law, embodied in nature, was to be discovered by judges.1 Cardozo also envisioned an active judiciary, responsible for keeping law consistent with the mores of the day.2 Wigmore, on the other hand, felt that personalizing justice through judicial discretion is the "antithesis of the Anglo-Saxon conception of justice."' 3 Rather, justice, if attainable at all, must be achieved through strict rule application. 4 Whereas 19th-century scholarship focused on formal rules, recent authorities have turned to contemplating how legal decisions are made and …


Protecting The Independence Of Administrative Law Judges: A Model Administrative Law Judge Corps Statute, Karen Y. Kauper Jan 1985

Protecting The Independence Of Administrative Law Judges: A Model Administrative Law Judge Corps Statute, Karen Y. Kauper

University of Michigan Journal of Law Reform

This Note concludes that the federal government should adopt some form of central panel system to protect both the independence of the ALJs and the public interest. Part I of this Note presents several alternatives to the central panel systems that have been proposed in past years and discusses their inadequacies. Part II summarizes the arguments concerning the central panel system of administrative adjudication. Part III discusses several of the integral elements of a central panel system and analyzes the state statutes and the proposed federal legislation in light of these elements. Finally, Part IV proposes a model statute for …


The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng Jan 1985

The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng

UIC Law Review

No abstract provided.


Judicial Activism In The Enforcement And Interpretation Of The Federal Securities Laws, John M. Sheffey Jan 1985

Judicial Activism In The Enforcement And Interpretation Of The Federal Securities Laws, John M. Sheffey

University of Arkansas at Little Rock Law Review

No abstract provided.


Casenotes: Judicial Immunity — State Judicial Officials Are Not Immune From Prospective Relief In An Action Brought Under 42 U.S.C. § 1983 Or From Paying Attorney's Fees To Prevailing Parties Pursuant To 42 U.S.C. § 1988. Pulliam V. Allen, 104 S. Ct. 1970 (1984), Douglas Noah Silber Jan 1985

Casenotes: Judicial Immunity — State Judicial Officials Are Not Immune From Prospective Relief In An Action Brought Under 42 U.S.C. § 1983 Or From Paying Attorney's Fees To Prevailing Parties Pursuant To 42 U.S.C. § 1988. Pulliam V. Allen, 104 S. Ct. 1970 (1984), Douglas Noah Silber

University of Baltimore Law Review

No abstract provided.


Gates, Leon, And The Compromise Of Adjudicative Fairness (Part Ii): Of Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel Jay Finer Jan 1985

Gates, Leon, And The Compromise Of Adjudicative Fairness (Part Ii): Of Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel Jay Finer

Cleveland State Law Review

Part I examined in a dialogue form the idea that Justice White and other members of the Leon majority had prejudged issues of law in earlier cases––pre-committed themselves in violation of their duty of impartiality––by elaborating in detailed, cohesive, comprehensive opinions, reasons why existing law was incorrect and had to be changed to permit a "good-faith, objective police reasonableness" exception to the exclusionary rule. These prejudgments precluded fair consideration of the merits in Leon. Beyond that, the Leon opinion itself, considered in view of the arguments of counsel and the scholarship in currency, evinced an agenda-driven pre-commitment to its outcome; …


Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results Jan 1985

Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results

Touro Law Review

No abstract provided.