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Judges

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1992

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Articles 1 - 30 of 38

Full-Text Articles in Law

Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive Dec 1992

Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive

Michigan Law Review

This Note proposes a set of computer program part definitions that develop Learned Hand's abstractions test to make it more useful in software infringement cases. The Note takes no position on the proper scope of protection for software under copyright law, but argues that no consensus is possible on which program parts deserve copyright protection until courts recognize that computer programs are composed of components whose definition lies beyond judicial control. Program parts defined in conclusory legal terms will never provide a stable basis for reasoned debate over the conclusions presumed in the definitions.


L'Esprit De Holmes, Stephen A. Conrad Jul 1992

L'Esprit De Holmes, Stephen A. Conrad

Indiana Law Journal

No abstract provided.


The Justice From Beacon Hill: The Life And Times Of Oliver Wendell Holmes, Charles A. Bieneman May 1992

The Justice From Beacon Hill: The Life And Times Of Oliver Wendell Holmes, Charles A. Bieneman

Michigan Law Review

A Review of The Justice from Beacon Hill: The Life and Times of Oliver Wendell Holmes by Liva Baker


The Man In The Mirror, David A. Logan May 1992

The Man In The Mirror, David A. Logan

Michigan Law Review

A Review of Cardozo: A Study in Reputation by Richard A. Posner


Dworkin And The Doctrine Of Judicial Discretion, David Jennex May 1992

Dworkin And The Doctrine Of Judicial Discretion, David Jennex

Dalhousie Law Journal

In a series of books and articles published over the last thirty years, Ronald Dworkin has relentlessly attacked the positivist view according to which law is a species of empirically verifiable fact. A position closely associated with this view, and with which Dworkin also takes issue, is the doctrine of judicial discretion. This doctrine asserts that in hard cases - cases in which it is unclear what the law requires - there is no legally required dispensation, so that judges are entitled to use discretion in making their decision. Dworkin disagrees, maintaining that in many such cases a thorough investigation …


Reasoning With The Charter, Gerald Tg Seniuk May 1992

Reasoning With The Charter, Gerald Tg Seniuk

Dalhousie Law Journal

Reasoning with the Charter by Leon Trakman is a timely and useful book. It is "timely" because in this the tenth anniversary of the Charter it is appropriate to review its impact, which Prof. Trakman finds wanting and unduly circumscribing. It is also useful, although "useful" is not a term usually associated with a theoreticalbook such as this. Certainly this is not a "how-to" book about Charter application. It does, however, outline a different approach to Charter interpretation and it may be that the neglect by our judges of this approach is a mistake. Perhaps not; but there are at …


Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum Apr 1992

Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum

Florida State University Law Review

No abstract provided.


The Presumption Of Reviewability: A Study In Canonical Construction And Its Consequences, Daniel B. Rodriguez Apr 1992

The Presumption Of Reviewability: A Study In Canonical Construction And Its Consequences, Daniel B. Rodriguez

Vanderbilt Law Review

The much-maligned canons of statutory construction stubbornly have survived, largely on the strength of the assertion that whatever the aim of the statute's interpretation, an interpretive canon will improve the chances that the statute's aim will be realized. Canonical construction serves two different functions. Some of the canons ostensibly are designed as short-cuts to the discovery of the legislature's "true" intent. Professor Geoffrey Miller has explained how the canons may reflect the judicial articulations of conversational conventions that help courts understand otherwise vexing statutory language.' Canons may also serve as surrogates for other, better evidence of legislators' intent. In this …


Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells Mar 1992

Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells

Washington and Lee Law Review

No abstract provided.


Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone, Steven H. Hobbs, Mary F. Mulligan Mar 1992

Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone, Steven H. Hobbs, Mary F. Mulligan

Washington and Lee Law Review

No abstract provided.


Remarks On The Process Of Judging, William H. Rehnquist Mar 1992

Remarks On The Process Of Judging, William H. Rehnquist

Washington and Lee Law Review

No abstract provided.


Judicial Lobbying And Court Reform: U.S. Magistrate Judges And The Judicial Improvements Act Of 1990, Christopher E. Smith Jan 1992

Judicial Lobbying And Court Reform: U.S. Magistrate Judges And The Judicial Improvements Act Of 1990, Christopher E. Smith

University of Arkansas at Little Rock Law Review

No abstract provided.


Help Wanted - Federal Judges: Judicial Gridlock; Solving An Immediate Problem And Averting A Future Crisis, Victor Williams Jan 1992

Help Wanted - Federal Judges: Judicial Gridlock; Solving An Immediate Problem And Averting A Future Crisis, Victor Williams

Loyola University Chicago Law Journal

No abstract provided.


The Economics Of Law-Related Labor V: Judicial Careers, Judicial Selection, And An Agency Cost Model Of The Judicial Function, Linz Audain Jan 1992

The Economics Of Law-Related Labor V: Judicial Careers, Judicial Selection, And An Agency Cost Model Of The Judicial Function, Linz Audain

American University Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Canon 7 Restrictions On The Political Speech Of Judicial Candidates: Judging Those Who Would Be Judges, Kathleen Margaret Sholette Jan 1992

Canon 7 Restrictions On The Political Speech Of Judicial Candidates: Judging Those Who Would Be Judges, Kathleen Margaret Sholette

Villanova Law Review

No abstract provided.


The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright Jan 1992

The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright

Florida State University Law Review

No abstract provided.


Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr. Jan 1992

Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.

Touro Law Review

No abstract provided.


The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen Jan 1992

The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Equal Protection Jan 1992

Equal Protection

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Right To Be Present Jan 1992

Right To Be Present

Touro Law Review

No abstract provided.


Trial By Jury Jan 1992

Trial By Jury

Touro Law Review

No abstract provided.


Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer Jan 1992

Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer

University of Richmond Law Review

How is an administrative law judge ("ALJ") to know his role in the modern bureaucracy? On the one hand, the law requires the ALJ to adjudicate legal disputes between the government agency and the individual, and on the other hand, a black-robed member of the judicial branch in- structs him that he is out of his jurisdiction. Who wins in this decades-long battle for turf?


The Judge As Political Candidate, Hans A. Linde Jan 1992

The Judge As Political Candidate, Hans A. Linde

Cleveland State Law Review

Judges are expected to satisfy two conflicting ideals. First, they are to follow the law without fear or favor, regardless of personal sympathies and preferences, to "adjudicate" rather than to "legislate." Second, they are to reach results that are preferred by or at least acceptable to their communities. The first ideal requires judicial independence and job security. Elective judgeships are sometimes defended as serving the second. We have gone through a third public examination of a Supreme Court nominee in which the Senate and the public considered it important to question the nominee about his views of the major issues …


Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic, Donald L. Beschle Jan 1992

Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic, Donald L. Beschle

Villanova Law Review

No abstract provided.


The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus Jan 1992

The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus

Touro Law Review

No abstract provided.


Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald Jan 1992

Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald

Washington and Lee Law Review

No abstract provided.


Justice Antonin Scalia And Criminal Justice Cases, Christopher E. Smith Jan 1992

Justice Antonin Scalia And Criminal Justice Cases, Christopher E. Smith

Kentucky Law Journal

No abstract provided.