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Articles 31 - 60 of 78
Full-Text Articles in Law
Tribute To The Honorable Richard S. Arnold, Morris S. Arnold
Tribute To The Honorable Richard S. Arnold, Morris S. Arnold
The Journal of Appellate Practice and Process
Judge Arnold’s brother recounts Judge Arnold’s life and service.
Tribute To The Honorable Richard S. Arnold, Richard W. Garnett
Tribute To The Honorable Richard S. Arnold, Richard W. Garnett
The Journal of Appellate Practice and Process
A former law clerk recounts Judge Arnold’s life and service.
Tribute To The Honorable Richard S. Arnold, Price Marshall
Tribute To The Honorable Richard S. Arnold, Price Marshall
The Journal of Appellate Practice and Process
A former law clerk recounts Judge Arnold’s life and service.
The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The View Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman
The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The View Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman
Cornell Law Faculty Publications
In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines the theoretical, legal, and policy issues raised by this reform and presents the early results of a field experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of juror discussions. The data revealed that the majority of judges …
What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner
What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner
Michigan Journal of Gender & Law
This article is aimed at the general question: whether having a woman judge would make a difference in sexual harassment cases. This article is aimed at this general question, the response to which has been elusive: Does the race, gender, or other background characteristics of a judge make a difference in the outcome of cases? The effects of diversity on the bench are just becoming measurable. Many legal scholars have assumed diversity will make a difference. While this conclusion may seem commonsensical, it is important to be able to support such assertions with actual data. The supposition has been that …
Redressing The Imbalances: Rethinking The Judicial Role After R. V R.D.S., Dianne Pothier, Richard Devlin
Redressing The Imbalances: Rethinking The Judicial Role After R. V R.D.S., Dianne Pothier, Richard Devlin
Dianne Pothier Collection
The Decision of the Supreme Court of Canada in R. v. R.D.S. dealt with whether a trial judge's comments, about interactions between police officers and "non-white groups", gave rise to a reasonable apprehension of bias in the circumstances. They strongly criticize the contrary ruling of the dissent as inappropriately drawing a false dichotomy between decisions based on evidence and decisions based on generalizations, and as improperly ignoring social context with an unwarranted confidence in the ideology of colour blindness. While more supportive of the majority's analysis, the authors also find cause for concern, with somewhat different emphasis in the nature …
The U.S. Sentencing Guidelines: A Surprising Success?, James Gibson
The U.S. Sentencing Guidelines: A Surprising Success?, James Gibson
Law Faculty Publications
The author discusses whether the U.S. Sentencing Guidelines represent an advance in our nation's approach to criminal law or a step backward-a "dismal failure," as Judge Cabranes so bluntly asserted a few years ago. The authors goal is to convince you that the guidelines are in fact a surprising success, indeed that they represent a step forward in federal criminal justice.
Commodities Rulings Appealable To Circuit (New York Law Journal), Daniel Wise
Commodities Rulings Appealable To Circuit (New York Law Journal), Daniel Wise
News Articles
No abstract provided.
What Spending Clause? - (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, 33 J. Marshall L. Rev. 81 (1999), Jeffrey T. Renz
UIC Law Review
No abstract provided.
Lord Denning And The Influence Of William Temple, Andrew B.L. Phang
Lord Denning And The Influence Of William Temple, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
Lord Denning is probably one of the most influential English judges in the twentieth century,' and is certainly its most colourful. He recently celebrated his one hundredth birthday,2 and a symposium to honour this occasion and celebrate the life of this remarkable man was held at Buckingham University.3 Lord Denning himself was too frail to attend this symposium, although a separate (and quieter) celebration was also held in his honour at his home at the Lawn in Whitchurch. I was deeply saddened to learn that Lord Denning passed away a few weeks after, on 5th March 1999.
Marshall’S Questions, Walter E. Dellinger Iii, H. Jefferson Powell
Marshall’S Questions, Walter E. Dellinger Iii, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Taking Decisions Seriously, Richard D. Friedman
Taking Decisions Seriously, Richard D. Friedman
Reviews
The New Deal era is one of the great turning points of American constitutional history. The receptivity of the Supreme Court to regulation by state and federal governments increased dra- matically during that period. The constitutionalism that prevailed before Charles Evans Hughes became Chief Justice in 1930 was similar in most respects to that of the beginning of the twen- tieth century. The constitutionalism that prevailed by the time Hughes’ successor Harlan Fiske Stone died in 1946 is far more related to that of the end of the century. How this transformation occurred is a crucial and enduring issue in …
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 …
Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron
Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron
UIC Law Review
No abstract provided.
A Tribute To Lewis F. Powell, Jr
Judicial Independence: Rebuffing Congressional Attacks On The Third Branch, Stephan O. Kline
Judicial Independence: Rebuffing Congressional Attacks On The Third Branch, Stephan O. Kline
Kentucky Law Journal
No abstract provided.
Finding The Constitution: An Economic Analysis Of Tradition's Role In Constitutional Interpretation, Adam C. Pritchard, Todd J. Zywicki
Finding The Constitution: An Economic Analysis Of Tradition's Role In Constitutional Interpretation, Adam C. Pritchard, Todd J. Zywicki
Articles
In this Article, Professor Pritchard and Professor Zywicki examine the role of tradition in constitutional interpretation, a topic that has received significant attention in recent years. After outlining the current debate over the use of tradition, the authors discuss the efficiency purposes of constitutionalism--precommitment and the reduction of agency costs--and demonstrate how the use of tradition in constitutional interpretation can serve these purposes. Rejecting both Justice Scalia's majoritarian model, which focuses on legislative sources of tradition, and Justice Souter's common-law model, which focuses on Supreme Court precedent as a source of tradition, the authors propose an alternative model--the "finding model"-- …
Justice And Mrs. Lewis F. Powell Jr.: A Son's Perspective, Lewis F. Powell Iii
Justice And Mrs. Lewis F. Powell Jr.: A Son's Perspective, Lewis F. Powell Iii
University of Richmond Law Review
I was very pleased to be asked to submit a Foreword for this dedicatory issue. I was nonetheless concerned that I could hardly be deemed an objective observer. Moreover, I am not qualified to critique my father's tenure on the Supreme Court. Nor can I offer any useful or interesting insight on his long years practicing law in Richmond. So, at first I resisted the Law Review's generous invitation.
The Constitutional Limits Of Judicial Review: A Structural Interpretive Approach, Jack Wade Nowlin
The Constitutional Limits Of Judicial Review: A Structural Interpretive Approach, Jack Wade Nowlin
Oklahoma Law Review
No abstract provided.
Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse
Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse
Reports & Public Policy Documents
Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, …
Modern Federal Judicial Selection, Carl W. Tobias
Modern Federal Judicial Selection, Carl W. Tobias
Law Faculty Publications
Review of Sheldon Goldman, Picking Federal Judges: Lower Court Selection From Roosevelt Through Reagan (1997).
Product Liability Issues In Mass Torts - View From The Bench, Hon. Helen E. Freedman
Product Liability Issues In Mass Torts - View From The Bench, Hon. Helen E. Freedman
Touro Law Review
No abstract provided.
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 …
Judicial Review Of Initiatives And Referendums In Which Majorities Vote On Minorities’ Citizenship, Sylvia R. Lazos
Judicial Review Of Initiatives And Referendums In Which Majorities Vote On Minorities’ Citizenship, Sylvia R. Lazos
Scholarly Works
In this Article, Professor Lazos examines initiatives and referendums in which a majority is in a position to vote on the content of a minority's democratic civic standing. Case law fails to set forth a single test for judicial review; consequently, doctrinal and theoretical coherence in this area is nonexistent. Professor Lazos proposes a test that takes into account social dynamics and focuses on the impact of these measures. First, she examines outcomes over the last three decades of approximately eighty such initiatives and referendums, from the anti-integration movement of the sixties to today's ideological and cultural versions, such as …
Too Much (Legislation) Is Never Enough: Utilizing A Court's Equity Power To Enjoin Lawful Firearm Sales, 32 J. Marshall L. Rev. 1225 (1999), Edward G. Renner
Too Much (Legislation) Is Never Enough: Utilizing A Court's Equity Power To Enjoin Lawful Firearm Sales, 32 J. Marshall L. Rev. 1225 (1999), Edward G. Renner
UIC Law Review
No abstract provided.
Impeaching A Jury Verdict, Juror Misconduct, And Related Issues: A View From The Bench Essay, 33 J. Marshall L. Rev. 145 (1999), Denise M. O'Malley
Impeaching A Jury Verdict, Juror Misconduct, And Related Issues: A View From The Bench Essay, 33 J. Marshall L. Rev. 145 (1999), Denise M. O'Malley
UIC Law Review
No abstract provided.
Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight
Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight
UIC Law Review
No abstract provided.
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, …
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 …
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 …