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Articles 1 - 5 of 5
Full-Text Articles in Law
Memorial Tribute To Roger J. Kiley, Thomas L. Shaffer
Memorial Tribute To Roger J. Kiley, Thomas L. Shaffer
Journal Articles
The editors and staff of the Notre Dame Lawyer pay tribute in this final issue of our fiftieth volume to the late Roger J. Kiley, Circuit Judge of the United States Court of Appeals for the Seventh Circuit. In so doing, we honor him as the model of the Notre Dame lawyer.
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Articles
Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …
Discretion And Judicial Decision: The Elusive Quest For The Fetters That Bind Judges, Kent Greenawalt
Discretion And Judicial Decision: The Elusive Quest For The Fetters That Bind Judges, Kent Greenawalt
Faculty Scholarship
"The Judge as a Legislator" is the subtitle of the third of Benjamin Cardozo's famous lectures on The Nature of the Judicial Process, delivered in 1921. Though emphasizing the restraints under which judges should act, Cardozo nevertheless compares the task of the judge with that of the legislator:
The choice of methods, the appraisement of values, must in the end be guided by like considerations for the one as for the other. Each indeed is legislating within the limits of his competence. No doubt the limits for the judge are narrower. He legislates only between gaps. He fills the open …
The Division Of Legal Labor In Rural Haiti, Pnina Lahav
The Division Of Legal Labor In Rural Haiti, Pnina Lahav
Faculty Scholarship
This paper explores the institutional facilities available to Haitian peasants for the settlement of their disputes. More specifically, it compares the institution of the Chef de Section - the lowest administrative appointee in the Haitian countryside and the Justice of the Peace - the lowest ranking judicial institution provided by the Haitian legal system. The paper further advances the hypothesis that at the present time there is a shift in the division of labor between the two institutions, in favor of the Justice of the Peace, and that this shift may be attributed to processes of social differentiation currently detectable …
Book Review, Clarence Emmett Manion
Book Review, Clarence Emmett Manion
Journal Articles
Reviewing: THE PRICE OF PERFECT JUSTICE. By Macklin Fleming. The Adverse Consequences of Current Legal Doctrine on the American Courtroom. Justice of the California Court of Appeals (Basic Books, Inc. New York).