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Articles 1 - 27 of 27
Full-Text Articles in Law
Letter To Rjm From John J.P. Howley, John P. Howley
Letter To Rjm From John J.P. Howley, John P. Howley
Memos and Letters to Law Clerks
No abstract provided.
Recovered Memory Of Childhood Sexual Abuse, Aubrey Immelman
Recovered Memory Of Childhood Sexual Abuse, Aubrey Immelman
Psychology Faculty Publications
This article examines the psychological basis for repression and recovery of traumatic memories, presents the results of research on potential sources of error in delayed or recovered memories, and offers possible reasons (primarily related to clinical practice and collective behavior) for false accusations of sexual abuse.
John Marshall And The Moral Basis For Judicial Review, David F. Forte
John Marshall And The Moral Basis For Judicial Review, David F. Forte
Law Faculty Articles and Essays
During the last two decades, many observers have been disappointed in some of the appointments to the federal bench and in the judicial philosophies some judges have brought with them. But if we turn to the source of our constitutional order, we would find in the example of John Marshall the moral basis for the judicial craft.
The Deceptive Nature Of Rules, Larry Alexander, Emily Sherwin
The Deceptive Nature Of Rules, Larry Alexander, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
The Civil Rights Judge: Taming The Storm: The Life And Times Of Judge Frank M. Johnson, Howard Hunter
The Civil Rights Judge: Taming The Storm: The Life And Times Of Judge Frank M. Johnson, Howard Hunter
Research Collection Yong Pung How School Of Law
No abstract provided.
Testimonial Dinner: Hon. Warren E. Zittell, Columbia County Judge, Roger J. Miner '56
Testimonial Dinner: Hon. Warren E. Zittell, Columbia County Judge, Roger J. Miner '56
Tributes & Testimonials
No abstract provided.
It's Worth Remembering, John W. Reed
It's Worth Remembering, John W. Reed
Other Publications
A speech delivered to the Michigan Supreme Court Historical Society Annual Meeting luncheon, held in Southfield, Michigan on April 28, 1994.
Sabbaticals For State And Federal Judges: Necessary In The Pursuit Of Judicial Excellence, Ira P. Robbins
Sabbaticals For State And Federal Judges: Necessary In The Pursuit Of Judicial Excellence, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Dear Judge Mikva, Carl W. Tobias
Dear Judge Mikva, Carl W. Tobias
Law Faculty Publications
I am writing to urge that you apply in the executive branch the considerable expertise which you attained and honed over a lifetime of service in the legislative and judicial branches of our tripartite system of government, to the critical task of federal judicial selection that uniquely partakes of those coordinate branches.
Writing Supreme Court Biography: A Single Lens View Of A Nine-Sided Image, Stephen Wermiel
Writing Supreme Court Biography: A Single Lens View Of A Nine-Sided Image, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Supervisory Power Of The New York Courts, Bennett L. Gershman
Supervisory Power Of The New York Courts, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
This Article discusses the role of supervisory power in the judicial culture of New York. In order to place supervisory power in a context, Part II outlines the emergence and decline of supervisory power in the federal system. Part III then traces the origin of supervisory power in New York to Cardozo's dictum in Lemon. Part IV explains how supervisory power is an aspect of the much broader inherent judicial power, which finds expression in the familiar common law decision-making process. Part V discusses three principal areas in which supervisory power has been exercised by New York courts since Cardozo: …
Rediscovering Conservatism: Burkean Political Theory & Constitutional Interpretation, Ernest A. Young
Rediscovering Conservatism: Burkean Political Theory & Constitutional Interpretation, Ernest A. Young
Faculty Scholarship
Recent decisions of the Rehnquist Court--particularly the Court's 1992 decision in Planned Parenthood v. Casey--have caused many to question widely-held assumptions about the meaning of judicial conservatism. In this article, Ernest Young argues that the views of the modern judicial "conservatives" such as Judge Robert Bork and Justice Antonin Scalia are antithetical to classical conservative political theory, as exemplified by the writings and speeches of the eighteenth-century British philosopher/politician Edmund Burke. In particular, Mr. Young argues that strict adherence to the original understanding of the Constitution, judicial deference to democratic majorities, and formulation of legal directives as bright-line rules are …
Lunch With Frank Battisti, David F. Forte
Lunch With Frank Battisti, David F. Forte
Law Faculty Articles and Essays
Memorial tribute to Judge Frank Battisti
The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor
The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
For over one hundred years, scholars have closely studied the handful of cases in which state courts, in the years before the Federal Constitutional Convention, confronted the question whether they had the power to declare laws invalid. Interest in these early cases began in the late nineteenth century as one aspect of the larger debate about the legitimacy of judicial review, a debate triggered by the increasing frequency with which the Supreme Court and state courts were invalidating economic and social legislation. The lawyers, political scientists, and historians who initially unearthed the case law from the 1770s and 1780s used …
Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman
Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman
Articles
For the most part, the Supreme Court's decisions in 1932 and 1933 disappointed liberals. The two swing Justices, Chief Justice Charles Evans Hughes and Justice Owen J. Roberts, seemed to have sided more with the Court's four conservatives than with its three liberals. Between early 1934 and early 1935, however, the Court issued three thunderbolt decisions, all by five-to-four votes on the liberal side and with either Hughes or Roberts writing for the majority over the dissent of the conservative foursome: in January 1934, Home Building & Loan Ass'n v. Blaisdell' severely limited the extent to which the Contracts Clause …
Halting Devolution Or Bleak To The Future? Subrin's New-Old Procedure As A Possible Antidote To Dreyfuss's "Tolstoy Problem", Jeffrey W. Stempel
Halting Devolution Or Bleak To The Future? Subrin's New-Old Procedure As A Possible Antidote To Dreyfuss's "Tolstoy Problem", Jeffrey W. Stempel
Scholarly Works
Professors Rochelle Dreyfuss and Stephen Subrin first presented their ideas on the 1993 Amendments to the Federal Rules of Civil Procedure (Civil Rules) at the 1994 Annual Meeting of the Association of American Law Schools (AALS) in a program titled, “The 1993 Discovery Amendments: Evolution, Revolution, or Devolution?” After the program, I was left with the depressing view that the answer was devolution, which is defined as a “retrograde evolution,” or “degeneration.” Dreyfuss provides a detailed but succinct review of the changes in discovery occasioned by the new rules as well as a vantage point for assessing the social and …
Thoughts And Lives. Book Reviews Of Justice Oliver Wendell Holmes: Law And The Inner Self, By G. Edward White; And Learned Hand: The Man And The Judge, By Gerald Gunther, William P. Lapiana
Thoughts And Lives. Book Reviews Of Justice Oliver Wendell Holmes: Law And The Inner Self, By G. Edward White; And Learned Hand: The Man And The Judge, By Gerald Gunther, William P. Lapiana
Other Publications
Oliver Wendell Holmes, Jr. and Learned Hand shared a number of characteristics. Both well-known judges, they had uncommonly long careers on the bench and in old age attained a remarkable degree of public prominence. It is not too much to say that the legal profession idolized them both, and certain of their opinions remain staples of law school teaching. Both men even looked the part: Holmes' dramatic moustache and Hand's bushy eyebrows lent credence to the adjective "distinguished." 1 Now they both are the subjects of monumental biographies.
A Bibliography For The United States Courts Of Appeals, Thomas E. Baker
A Bibliography For The United States Courts Of Appeals, Thomas E. Baker
Faculty Publications
No abstract provided.
Memorial Service, Judge Justin J. Mahoney, Roger J. Miner '56
Memorial Service, Judge Justin J. Mahoney, Roger J. Miner '56
Judges
No abstract provided.
Remarks: St John's Law Review Alumni Dinner, Roger J. Miner '56
Remarks: St John's Law Review Alumni Dinner, Roger J. Miner '56
Law Review Addresses
No abstract provided.
Thinking To Be Paid Versus Being Paid To Think, Merritt B. Fox
Thinking To Be Paid Versus Being Paid To Think, Merritt B. Fox
Faculty Scholarship
In the first chapter of The Economic Structure of Corporate Law, Frank Easterbrook and Daniel Fischel make an arresting statement:
... [P]eople who are backing their beliefs with cash are correct; they have every reason to avoid mistakes, while critics (be they academics or regulators) are rewarded for novel rather than accurate beliefs. Market professionals who estimate these things wrongly suffer directly; academics and regulators who estimate wrongly do not pay a similar penalty. Persons who wager with their own money may be wrong, but they are less likely to be wrong than are academics and regulators, who are wagering …
A Reaffirmation: The Authenticity Of The Roberts Memorandum, Or Felix The Non-Forger (Justices Felix Frankfurter And Owen J. Roberts), Richard D. Friedman
A Reaffirmation: The Authenticity Of The Roberts Memorandum, Or Felix The Non-Forger (Justices Felix Frankfurter And Owen J. Roberts), Richard D. Friedman
Articles
In the December 1955 issue of this Law Review, Justice Felix Frankfurter published a tribute to his late friend and colleague, Owen J. Roberts.' The tribute centered on what Frankfurter claimed was the text of a memorandum that Roberts wrote in 1945 to explain his conduct in the critical minimum wage cases of 1936 and 1937, Morehead v. New York ex rel. Tipaldo2 and West Coast Hotel Co. v. Parrish.' Scholars have often challenged the adequacy of Roberts's account of why he cast decisive votes for the conservatives in Tipaldo and for the liberals in West Coast Hotel.4 Until recently, …
Terminator 2, Robert F. Nagel
Foreword: "Do What You Can...", Susan Low Bloch
Foreword: "Do What You Can...", Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
"Do what you can with what you have." That's what Thurgood Marshall preached. That is how he lived. He used what he had to change the world forever.
Summaries Of Justice Raymond L. Sullivan's Majority Opinions On The Supreme Court Of California, Marsha N. Cohen
Summaries Of Justice Raymond L. Sullivan's Majority Opinions On The Supreme Court Of California, Marsha N. Cohen
Faculty Scholarship
No abstract provided.
Introduction, Joseph R. Grodin
Chief Justice Rehnquist, Pluralist Theory, And The Interpretation Of Statutes, Thomas W. Merrill
Chief Justice Rehnquist, Pluralist Theory, And The Interpretation Of Statutes, Thomas W. Merrill
Faculty Scholarship
Chief Justice William H. Rehnquist is often viewed as the ultimate "political" judge. According to Mark Tushnet, for example, "[o]ne could account for perhaps ninety percent of Chief Justice Rehnquist' s bottom-line results by looking, not at anything in the United States Reports, but rather at the platforms of the Republican Party." Nowhere is this attitude more prevalent than with respect to issues of statutory interpretation. When I informed colleagues I was working on an article about Chief Justice Rehnquist's theory of statutory interpretation, the almost universal response was: "What theory?"
Contrary to the common view that Chief Justice Rehnquist …