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Articles 31 - 44 of 44
Full-Text Articles in Law
A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune
A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune
Law Faculty Scholarly Articles
In the absence of a rule clearly requiring disclosure, a lawyer is obligated not to disclose information which is adverse to the interests of a client. However, judges should be able to expect lawyers to disclose information about procedural matters. This Article argues that Model Rule of Professional Conduct 3.3 should be amended to require disclosure of information about procedural matters. Part I describes the events in Potter v. Eli Lilly & Co., a case involving a secret settlement related to Prozac. Part II makes the argument for a rule requiring disclosure of procedural information. Part III describes how …
Democracy And Inclusion: The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos
Democracy And Inclusion: The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos
Scholarly Works
The Supreme Court plays a critical role in resolving clashes between majority and minority interests and perspectives. The Equal Protection Clause, and at times the Due Process Clause, have become key vehicles for considering the most problematic intergroup conflicts that divide our society. Prior to this article, the Court heard cases dealing with affirmative action in government procurement programs, legislative districts designed to increase minority representation, state sponsored male-only military schooling, and a state constitutional amendment that would have proscribed antidiscrimination legislation protecting gay men and lesbians. While the Court declined to challenge California's anti-affirmative action referendum (Proposition 209) and …
Book Review, David S. Tanenhaus
Book Review, David S. Tanenhaus
Scholarly Works
In his engaging The Supreme Court and Juvenile Justice, political scientist Christopher P. Manfredi argues that Americans in the 1990s are still feeling the powerful and unintended consequences of a trilogy of Supreme Court decisions, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970). In Gault, the most famous of these cases, Justice Abe Fortas announced that it was time for the “constitutional domestication” of the nation’s juvenile courts and began this process by extending limited due process protection to offenders during adjudicatory hearings. Fortas believed that these protections would shield juveniles from unlimited …
Embracing Descent: The Bankruptcy Of A Business Paradigm For Conceptualizing And Regulating The Legal Profession, Jeffrey W. Stempel
Embracing Descent: The Bankruptcy Of A Business Paradigm For Conceptualizing And Regulating The Legal Profession, Jeffrey W. Stempel
Scholarly Works
Lawyers are said to travel in packs, or at least pairs, and in the popular parlance are often compared to hoards of locusts, herds of cattle, or unruly mobs. However, at least for purposes of assessing concerns with professionalism currently surrounding the bar and the public, whether attorneys are more or less social than other human animals does not matter. My point is simply that lawyers are social beings; like other human beings in social and occupational groups, lawyers behave largely in accordance with group norms, in much the same way peer pressure led Julian English toward juvenile delinquency in …
Judge-Made Insurance That Was Not On The Menu: Schmidt V. Smith And The Confluence Of Text, Expectation, And Public Policy In The Realm Of Employment Practices Liability, Jeffrey W. Stempel
Judge-Made Insurance That Was Not On The Menu: Schmidt V. Smith And The Confluence Of Text, Expectation, And Public Policy In The Realm Of Employment Practices Liability, Jeffrey W. Stempel
Scholarly Works
In Schmidt v. Smith, the New Jersey Supreme Court caught more than a few observers by surprise. New Jersey courts have generally issued opinions regarded as pro-claimant and pro-policyholders. But everyone's taste for recompense and coverage has limits. In Schmidt, the court exceeded those limits for many observers by holding that despite what it regarded as clear contract language in an exclusion, an insurer providing Employers’ Liability (“EL”) coverage along with Workers' Compensation (“WC”) insurance for the employer was required to provide coverage in a case of blatant sexual harassment bordering on criminal assault. In doing so, the Schmidt court, …
Tribute To Justice Stewart G. Pollock, A A Tribute To Justice Stewart G. Pollock, Howard M. Erichson
Tribute To Justice Stewart G. Pollock, A A Tribute To Justice Stewart G. Pollock, Howard M. Erichson
Faculty Scholarship
Stewart Pollock knows how to make a play. On his favorite kind of court - the kind with a net in the middle - he can set up the winning volley with a perfectly placed approach shot. On the court on which he served for the past twenty years, the New Jersey Supreme Court, Justice Pollock proved himself an equally gifted playmaker, earning a reputation as one who could forge consensus through judicial craftsmanship and common sense. Appellate judging is a team sport, though one would hardly know it by looking at recent United States Supreme Court cases, with all …
Discontinuous Tradition Of Sentencing Discretion: Koon's Failure To Recognize The Reshaping Of Judicial Discretion Under The Guidelines, The, Ian Weinstein
Faculty Scholarship
Can a judge exercise discretion and follow the law? Some think it impossible, seeing discretion as the opposite of law. Others have harmonized the two ideas, viewing discretion as the exercise of judgment according to and within the bounds of the law. Those who decry judicial discretion urge legislatures to enact more specific laws and leave less room for the vice of inconsistent results. Those who defend discretion would channel it to achieve the virtue of individualized justice. The tension between individualization and uniformity in the law is often unnecessarily heightened by an inadequate analysis of judicial discretion. The exercise …
The Architecture Of Judicial Independence, Stephen B. Burbank
The Architecture Of Judicial Independence, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
In Memoriam: Lewis F. Powell, Jr., Christina B. Whitman
In Memoriam: Lewis F. Powell, Jr., Christina B. Whitman
Articles
At the time of his resignation, Justice Lewis F. Powell, Jr. was justly praised as a moderate, flexible jurist - open-minded, suspicious of ideology, most often found at the center of a divided Supreme Court. Yet Justice Powell was a man of deeply conservative instincts. Suspicious of invitations to expand the scope of individual constitutional rights, he was a participant and even a leader in the Court's reassertion of a federalism that emphasized deference to states and in its reinvigoration of restrictions on access to federal courts. His jurisprudence was all of a piece. Justice Powell's reluctance to expand federal …
In Memoriam: Lord Lowry Of Crossgar (1919-1999): A Tribute, John Eric Smithburn
In Memoriam: Lord Lowry Of Crossgar (1919-1999): A Tribute, John Eric Smithburn
Journal Articles
In the Summer of 1985, I participated in a program in London on international judicial education, sponsored by the Judicial Administration Division of the American Bar Association. The keynote speaker for the program was Robert Lowry, The Lord Chief Justice of Northern Ireland. Lord Lowry noted that there was very little judicial training in Britain at the time and that before the 1960s judicial education didn't exist in Britain. In his address, Lord Lowry boldly advocated compulsory judicial education courses for all judges through the Judicial Studies Board. Our mutual interest in the judiciary and the education of judges began …
No Vehicles In The Park, Pierre Schlag
In Memoriam: Justice Lewis F. Powell, Jr.—A Tribute, Kenneth F. Ripple
In Memoriam: Justice Lewis F. Powell, Jr.—A Tribute, Kenneth F. Ripple
Journal Articles
In remembering Justice Powell, my memory invariably recalls three distinct images from the years I spent at the Supreme Court. Two of these memories are from my own work with him. The other is from my observation of him on the bench. In the days since his death this past autumn, all three have sparked a great deal of reflection about his enduring contribution to our jurisprudence and to our profession.
The Dynamics And Determinants Of The Decision To Grant En Banc Review, Tracey E. George
The Dynamics And Determinants Of The Decision To Grant En Banc Review, Tracey E. George
Vanderbilt Law School Faculty Publications
The ability of U.S. Courts of Appeals to control the development of law within their respective circuits has been strained by the practice of divisional sittings, the growing caseload at the circuit court level, the increasing number of judges sitting within each circuit, and the decreasing probability of Supreme Court intervention. The primary method of maintaining coherence and consistency in doctrinal development within a federal circuit is en banc review. Yet, many critics contend that en bane rehearing is a time-consuming, inefficient procedure that fails to serve its intended purpose and too often is abused for political ends. This Article …
The Warren Court And The Concept Of A Right, David Luban
The Warren Court And The Concept Of A Right, David Luban
Georgetown Law Faculty Publications and Other Works
The Warren Court is dead. None of its Justices remain on the benchindeed, only Justice White survives-and the recent history of the Supreme Court has been in large part a history of repudiating controversial Warren Court doctrines. Public opinion likewise repudiates Warren-style judicial activism, and constitutional scholarship-which as recently as the mid- 1980s consisted in considerable measure of theoretical defenses for Warren Court-inspired methods of interpreting the Bill of Rights-has grown increasingly skeptical of expansive interpretive strategies. It is quite possible that future constitutional historians will regard the Warren era as an aberration. The Warren Court, after all, was not …