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Full-Text Articles in Law

The Surprising Views Of Montesquieu And Tocqueville About Juries: Juries Empower Judges, Renée Lettow Lerner Dec 2020

The Surprising Views Of Montesquieu And Tocqueville About Juries: Juries Empower Judges, Renée Lettow Lerner

Louisiana Law Review

Both Montesquieu and Tocqueville thought that an independent judiciary was key to maintaining a moderate government of ordered liberty. But judicial power should not be exercised too openly, or the people would view judges as tyrannical. In Montesquieu's and Tocqueville's view, the jury was an excellent mask for the power of judges. Both Montesquieu and Tocqueville thought that popular juries had many weaknesses in deciding cases. But, as Tocqueville made clear, the firm guidance of the judge in instructions on law and comments on evidence could prevent juries from going astray and make the institution a "free school" for democracy. …


"Father Chief Justice": E. D. White And The Constitution, A Play, Paul R. Baier Feb 1998

"Father Chief Justice": E. D. White And The Constitution, A Play, Paul R. Baier

Louisiana Law Review

No abstract provided.


Judge And Jurist In The Civil Law: A Historical Interpretation, Peter G. Stein Nov 1985

Judge And Jurist In The Civil Law: A Historical Interpretation, Peter G. Stein

Louisiana Law Review

No abstract provided.


Judicial Discretion In The Civil Law, Roberto G. Maclean Sep 1982

Judicial Discretion In The Civil Law, Roberto G. Maclean

Louisiana Law Review

No abstract provided.


The Judiciary Article Of The Louisiana Constitution Of 1974, Lee Hargrave May 1977

The Judiciary Article Of The Louisiana Constitution Of 1974, Lee Hargrave

Louisiana Law Review

No abstract provided.


Some Observations On The Role Of The Judge Under The Swiss Civil Code, Alfred E. Von Overbeck Mar 1977

Some Observations On The Role Of The Judge Under The Swiss Civil Code, Alfred E. Von Overbeck

Louisiana Law Review

No abstract provided.


The Law-Making Function Of The Judge, Albert Tate Jr. Feb 1968

The Law-Making Function Of The Judge, Albert Tate Jr.

Louisiana Law Review

No abstract provided.


Forum Juridicum: Miscellaneous Observations In Re The Law And The Judge Function, Robert C. Finley Feb 1965

Forum Juridicum: Miscellaneous Observations In Re The Law And The Judge Function, Robert C. Finley

Louisiana Law Review

No abstract provided.


"Je Recuse!": The Disqualification Of A Judge, Ralph Slovenko Apr 1959

"Je Recuse!": The Disqualification Of A Judge, Ralph Slovenko

Louisiana Law Review

No abstract provided.


Forum Juridicum: The Judge As A Person, Albert Tate Jr. Feb 1959

Forum Juridicum: The Judge As A Person, Albert Tate Jr.

Louisiana Law Review

No abstract provided.


Prejudical Remarks Of The Trial Judge As Grounds For Reversal In Louisiana Criminal Cases, Robert J. Jones Jun 1956

Prejudical Remarks Of The Trial Judge As Grounds For Reversal In Louisiana Criminal Cases, Robert J. Jones

Louisiana Law Review

No abstract provided.


Forum Juridicum: The Role Of The Judge In The American Republic, Albert Tate Jr. Feb 1956

Forum Juridicum: The Role Of The Judge In The American Republic, Albert Tate Jr.

Louisiana Law Review

No abstract provided.


Forum Juridicum: The Louisiana Judiciary, Hon. John T. Hood Jr. Jun 1954

Forum Juridicum: The Louisiana Judiciary, Hon. John T. Hood Jr.

Louisiana Law Review

No abstract provided.


Forum Juridicum: Juridical Legislation, George W. Hardy Jr. Dec 1945

Forum Juridicum: Juridical Legislation, George W. Hardy Jr.

Louisiana Law Review

No abstract provided.


Impeachment - Judges - Misconduct In Personal Capacity - Misconduct During Prior Term, G. R. J. Nov 1941

Impeachment - Judges - Misconduct In Personal Capacity - Misconduct During Prior Term, G. R. J.

Louisiana Law Review

No abstract provided.