Law Commons^™

The Constitutional Catechism Of Antonin Scalia, George Kannar

Journal Articles

No abstract provided.

The Judge And The Academic Community, Kenneth F. Ripple

Journal Articles

In the inaugural essay of this series, Judge Coffin described this unique effort of the editors of the Ohio State Law Journal as an opportunity for judges to engage in "reflective self-examination" in a time of "remorselessly increasing pressures" on the judicial way of life as it has existed since the founding of the Republic. When any institution—public or private—is experiencing great stress and, consequently, is in danger of undergoing cataclysmic change, the quality of its relationships with the other institutions with which it regularly interacts can determine its ability to deal effectively with the pressures. If those other institutions …

The Article Iii Judiciary In Its Third Century, Kenneth F. Ripple

Journal Articles

Tonight we celebrate the memory of one of the great American jurists of this century, Robert A. Ainsworth, Jr. In this bicentennial year of our Constitution, it seems most appropriate that we honor the memory of Judge Ainsworth by reflecting on that part of the Constitution to which he exhibited so much devotion—article III, the judicial article.

The Struggle For Judicial Independence In Antebellum North Carolina: The Story Of Two Judges, Walter F. Pratt

Journal Articles

The Supreme Court of North Carolina is an anomaly among state courts in the antebellum years. In a period dominated by democratic reforms of state government, the court did not merely survive unscathed it actually increased its independence. The remarkable success of this court is largely attributable to the personal reputations and political acumen of two of its judges, Thomas Ruffin and William Gaston. Without those two men it is likely that the Supreme Court would have been abolished in a wave of democratic reforms that peaked in North Carolina with the constitutional amendments of 1835.

The Supreme Court And The Constitution: The Continuing Debate On Judicial Review, Donald P. Kommers

Journal Articles

The three books reviewed in this essay are recent contributions to the growing literature of constitutional theory (Michael J. Perry, The Constitution, the Courts, and Human Rights (New Ha- ven: Yale University Press, 1982); Sotirios A. Barber, On What the Constitution Means (Baltimore and London: The Johns Hopkins University Press, 1984); and John Agresto, The Supreme Court and Constitutional Democracy (Ithaca: Cornell University Press, 1984). They explore important questions about the role of the Supreme Court and the meaning of the Constitution.

Judicial Disability And The Good Behavior Clause, Walter F. Pratt

Journal Articles

Justice Douglas's retirement ended months of speculation about his health and ability to remain on the Court. Coming at the end of a decade during which the fitness of judges was increasingly examined, his illness stimulated renewed consideration of judicial disability. Numerous remedies have been suggested. Two examples of such proposals in the present Congress are S. 1110 and H.R. 10439. S. 1110 would establish a Council on Judicial Tenure composed of judges in regular active service. The proposed Council would receive complaints about judges, conduct investigations, and report to the Judicial Conference of the United States. If a report …

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.

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).

Introduction, Joseph O'Meara

Journal Articles

A symposium was held on February 29, 1964, devoted to the constitutional amendments proposed by the Council of State Governments. Very briefly these amendments would (1) vest power to amend the Constitution in State legislatures; (2) set up a "Court of the Union," composed of the chief justice of the supreme court of each of the 50 states, which would have authority to review "any judgment of the Supreme Court relating to the rights reserved to the states or to the people by this Constitution"; (3) take from the federal courts all jurisdiction over the apportionment of representation in State …

Natural Law And Everyday Law, Joseph O'Meara

Journal Articles

Like most terms "natural law" has had, and has, a variety of meanings. In most of its meanings it touches scarcely at all the professional concerns of the lawyer but moves, rather, on a plane widely separated from his daily cares and duties. Thus, for the most part, natural law stands aloof from the urgent here-and-now with which lawyer and judge necessarily are preoccupied; it inhabits a world apart.

In these remarks I hope to suggest an approach to natural law which will make it useful on a day-to-day basis in the perplexities by which practitioners and judges constantly are …

The Supreme Court In The American Constitutional System: Foreword, Joseph O'Meara

Journal Articles

Our Symposium’s purpose is to examine the function of the Supreme Court and the conditions under which it necessarily operates, and in this way, we hope, to illuminate some of the far-reaching questions which are involved.

Appeal To The Conscience Of The Practicing Bar, Joseph O'Meara

Journal Articles

The impact of the war will inevitably produce vast and profound, if not revolutionary changes in our economic and political arrangements, putting in jeopardy our democratic way of life. The ominous shadow of these changes that press upon us, due to the ascendancy of Force in so large a part of the world, gives rise to the question: What can we do about it? More particularly: What can the lawyer, as a lawyer, do about it? That leads to the deeper question of the role of Law in the successful functioning of the democratic process. In every state and city, …

Reviewing Judicial Review, Clarence Emmett Manion

Journal Articles

Address of Clarence E. Manion, Professor of Law at Notre Dame University School of Law, delivered at the mid-winter meeting of the Indiana State Bar Association January 16, 1937.

Review Of The Power To Please By J. W. Donovan, Thomas Frank Konop

Journal Articles

This little book of sixty pages edited by H. L. Herschberg and dedicated to Henry Ford contains more meat than volumes many times its size. It contains quotations from the best and many interesting experiences and stories of this grand old lawyer. It is full of suggestions to lawyers and speakers and professional men in general.