Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Judges (36)
- Jurisprudence (30)
- Courts (21)
- Constitutional Law (11)
- Supreme Court of the United States (11)
-
- Administrative Law (10)
- Law and Society (10)
- Legal History (7)
- Contracts (3)
- First Amendment (3)
- Labor and Employment Law (3)
- Legal Profession (3)
- Legal Writing and Research (3)
- Litigation (3)
- Rule of Law (3)
- Civil Law (2)
- Civil Procedure (2)
- Civil Rights and Discrimination (2)
- Commercial Law (2)
- Criminal Law (2)
- Criminal Procedure (2)
- Dispute Resolution and Arbitration (2)
- International Law (2)
- Law and Philosophy (2)
- Legal Biography (2)
- President/Executive Department (2)
- Public Law and Legal Theory (2)
- State and Local Government Law (2)
- Antitrust and Trade Regulation (1)
- Institution
-
- Duke Law (75)
- Pepperdine University (31)
- Vanderbilt University Law School (15)
- Cornell University Law School (14)
- University of Michigan Law School (10)
-
- West Virginia University (7)
- Maurice A. Deane School of Law at Hofstra University (6)
- Case Western Reserve University School of Law (5)
- Fordham Law School (5)
- Louisiana State University Law Center (5)
- Osgoode Hall Law School of York University (5)
- University of Miami Law School (4)
- Golden Gate University School of Law (3)
- Maurer School of Law: Indiana University (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- Washington and Lee University School of Law (3)
- Santa Clara Law (2)
- Cleveland State University (1)
- Florida State University College of Law (1)
- Marquette University Law School (1)
- Mitchell Hamline School of Law (1)
- The University of Akron (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Richmond (1)
- Publication Year
- Publication
-
- Law and Contemporary Problems (37)
- Duke Law Journal (33)
- Pepperdine Law Review (20)
- Vanderbilt Law Review (15)
- Journal of the National Association of Administrative Law Judiciary (10)
-
- Michigan Law Review (9)
- Cornell International Law Journal (8)
- West Virginia Law Review (7)
- Case Western Reserve Law Review (5)
- Fordham Law Review (5)
- Louisiana Law Review (5)
- Osgoode Hall Law Journal (5)
- Cornell Journal of Law and Public Policy (4)
- Hofstra Law Review (4)
- University of Miami Law Review (4)
- Alaska Law Review (3)
- Touro Law Review (3)
- Washington and Lee Law Review (3)
- Cornell Law Review (2)
- Duke Journal of Comparative & International Law (2)
- Golden Gate University Law Review (2)
- Hofstra Labor & Employment Law Journal (2)
- Indiana Law Journal (2)
- Santa Clara Law Review (2)
- Akron Law Review (1)
- Annual Survey of International & Comparative Law (1)
- Cleveland State Law Review (1)
- Florida State University Law Review (1)
- Indiana Journal of Global Legal Studies (1)
- Marquette Law Review (1)
Articles 1 - 30 of 206
Full-Text Articles in Law
The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth
The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth
Touro Law Review
This Article provides a comparative analysis of Judge Benjamin Cardozo’s tort decisions in Palsgraf v. Long Island Railroad Co., one of his most famous tort decisions, contrasted with a lesser-known tort opinion in Hynes v. New York Central Railroad Co. The Author attempts to address Cardozo’s humanistic and intellectual dichotomies which are exemplified by these two real-life tort precedents—one of which, Palsgraf, most practitioners may only have a distant recall. A historical overview of Cardozo’s life is also discussed. These two decisions portray Cardozo as an emotive human being exercising hit-or-miss judging. This theme provides a differ viewpoint from Cardozo’s …
The Liberal Case Against The Modern Class Action, Martin H. Redish
The Liberal Case Against The Modern Class Action, Martin H. Redish
Vanderbilt Law Review
Those who classify themselves as liberal generally favor widespread use of class actions as a means of policing corporate misbehavior and protecting the individual worker or consumer against capitalist excesses. In this Essay, however, I take the counterintuitive position that while class action practice could conceivably be modified in ways that make it far more acceptable than it currently is, liberal political theory should be very skeptical of the modern class action device as it currently exists. Defining the foundation of liberal thought as a process-based belief in accountable democratic government and respect for the right of individuals to protect …
Policy, Principle, Or Values: An Exploration Of Judicial Decision-Making, R.J. Cahill-O’Callaghan, B.J. Richards
Policy, Principle, Or Values: An Exploration Of Judicial Decision-Making, R.J. Cahill-O’Callaghan, B.J. Richards
Louisiana Law Review
The article reveals the values underpinning judicial decisions in three cases in which the complexity and legal uncertainty divided the court and argues that the language of public policy is used to frame a decision based on judicial values.
Justice Benjamin Nathan Cardozo And His Two Most Important Questions: Reflections On The Choice Of Tycho Brahe, Randy Lee
Touro Law Review
No abstract provided.
One Judge's Legacy And The New York Court Of Appeals: Mr. Justice Cardozo And The Law Of Contracts, Meredith R. Miller
One Judge's Legacy And The New York Court Of Appeals: Mr. Justice Cardozo And The Law Of Contracts, Meredith R. Miller
Touro Law Review
No abstract provided.
Wisdom And Reason In Law, Steven D. Smith
Wisdom And Reason In Law, Steven D. Smith
University of Colorado Law Review
No abstract provided.
The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin
The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin
Nevada Law Journal
No abstract provided.
Proof Beyond A Reasonable Doubt: A Balanced Retributive Account, Alec Walen
Proof Beyond A Reasonable Doubt: A Balanced Retributive Account, Alec Walen
Louisiana Law Review
No abstract provided.
Antipodal Invective: A Field Gude To Kangaroos In American Courtrooms, Parker B. Potter Jr.
Antipodal Invective: A Field Gude To Kangaroos In American Courtrooms, Parker B. Potter Jr.
Akron Law Review
This article discusses three other groups of opinions that use the phrase “kangaroo court.” The first section describes the various decision-making behaviors that qualify a tribunal to wear the Scarlet K. It does so by discussing opinions in which a judge or a litigant has given a definition of the term “kangaroo court” when that term is used metaphorically, as invective, to disparage the fairness of another tribunal. The second section describes the habitat of adjudicatory kangaroos by examining opinions like Silver v. Castle Memorial Hospital, in which a judge has called another tribunal a kangaroo court. The third section …
Constitutional Law—Fifth Amendment And Takings—Courts And The Judicial Process Will Impede Orderly City Development By Limiting Local Governments’ Use Of Exactions In Development Planning. Koontz V. St. Johns River Water Management District, 133s. Ct. 2586 (2013)., Rebecca L. Matlock
University of Arkansas at Little Rock Law Review
No abstract provided.
Judge Posner's Simple Law, Mitchell N. Berman
Judge Posner's Simple Law, Mitchell N. Berman
Michigan Law Review
The world is complex, Richard Posner observes in his most recent book, Reflections on Judging. It follows that, for judges to achieve “sensible” resolutions of real-world disputes—by which Judge Posner means “in a way that can be explained in ordinary language and justified as consistent with the expectations of normal people” (p. 354)—they must be able to navigate the world’s complexity successfully. To apply legal rules correctly and (where judicial lawmaking is called for) to formulate legal rules prudently, judges must understand the causal mechanisms and processes that undergird complex systems, and they must be able to draw sound factual …
Law Clerks And The Institutional Design Of The Federal Judiciary, Albert Yoon
Law Clerks And The Institutional Design Of The Federal Judiciary, Albert Yoon
Marquette Law Review
This Essay highlights the evolving institutional changes in the federal judiciary—a protracted confirmation process, higher caseload demands, and declining real salaries—in concurrence with evidence suggesting greater reliance by judges on their law clerks when writing opinions. These dynamic forces arguably undermine the integrity of the judicial process and counsel for legislative action to address judicial working conditions or for changes by judges in the hiring of law clerks.
Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi
Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi
Pepperdine Dispute Resolution Law Journal
After an introduction in chapter one, the second chapter of this article presents statistics regarding the phenomenon of domestic violence and presents the definition of “violence” (with its attendant difficulties). The third chapter presents the existing problems regarding the judicial handling of divorce cases in general and those involving violence in particular. The fourth chapter analyzes the academic discourse regarding the issue of mediation of divorce cases involving violence (the position of the proponents and the opponents, as well as the problems of the current situation). The fifth chapter proposes med-arb as addressing the issue of divorce mediation in the …
Hollywood On The Bayou: An Optimal Tax Approach To Evaluating And Reforming The Louisiana Motion Picture Investor Tax Credit, Amelia Hurt
Louisiana Law Review
No abstract provided.
Who Writes? Gender And Judgment Assignment On The Supreme Court Of Canada, Peter Mccormick
Who Writes? Gender And Judgment Assignment On The Supreme Court Of Canada, Peter Mccormick
Osgoode Hall Law Journal
This article poses the question: Now that women are receiving an increasing share of the seats on the Supreme Court of Canada (the Court), can we conclude with confidence that they have been admitted to full participation, with a mix of judgments—including the more significant decisions—that is fully comparable to their male colleagues? The author looks at the assignment of reasons for judgment on the Court over the last three chief justiceships, with specific reference to the relative rate of assignments to male and female judges. He finds that the male/female gap is more robust than ever, although he also …
Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss
Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Logic Of Judicial Decisions - Two Items Of Greater Or Lesser Interest, Michael S. Moore, W. Barton Leach, David J. Agatstein
The Logic Of Judicial Decisions - Two Items Of Greater Or Lesser Interest, Michael S. Moore, W. Barton Leach, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
General Semantics, Stare Decisis And Change Through Considerations Of A New Ethics, Irene S. Ross
General Semantics, Stare Decisis And Change Through Considerations Of A New Ethics, Irene S. Ross
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Surviving The Politics Of Judging: National Association Of Adminsitrative Law Judges Luncheon Address, September 13, 1999 , Penny J. White
Surviving The Politics Of Judging: National Association Of Adminsitrative Law Judges Luncheon Address, September 13, 1999 , Penny J. White
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler
Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Texas State Office Of Administrative Hearings: Establishing Independent Adjudicators In Contested Case Proceedings While Preserving The Power Of Institutional Decision-Making, Ron Beal
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Policymaking By The Administrative Judiciary , Charles H. Koch Jr.
Policymaking By The Administrative Judiciary , Charles H. Koch Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Accommodating Alj Decision Making Independence With Institutional Interests Of The Administrative Judiciary, Harold J. Krent, Lindsay Duvall
Accommodating Alj Decision Making Independence With Institutional Interests Of The Administrative Judiciary, Harold J. Krent, Lindsay Duvall
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein
Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Hearing Opinion, E. Barrett Prettyman
Administrative Hearing Opinion, E. Barrett Prettyman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Expanding The Role Of The Victim In A Criminal Action: An Overview Of Issues And Problems , Josephine Gittler
Expanding The Role Of The Victim In A Criminal Action: An Overview Of Issues And Problems , Josephine Gittler
Pepperdine Law Review
There is a growing recognition that crime victims have identifiable interests of sufficient legitimacy and significance to justify expanding their role in criminal proceedings beyond that as a mere non-party witness. This article traces the history of the victim in society and suggests reforms which will help to place the crime victim back into a more meaningful position in the American criminal justice system. Comparisons are made between differing state, national, and international victim programs and the author provides some well-needed insight into the costs and benefits of implementing new ideas which would assist in redefining the role of the …
Victims' Perceptions Of Criminal Justice, Deborah P. Kelly
Victims' Perceptions Of Criminal Justice, Deborah P. Kelly
Pepperdine Law Review
This article considers the criminal justice system from the crime victim's perspective. Victims are the people behind crime statistics. They are the individuals who suffer the injuries inflicted by criminals and who reveal the existence of crime when they report it. Victims are the key to apprehending criminals and the justification for the state's subsequent prosecution, yet they are often the people we know least about.
Social Justice And The Warren Court: A Preliminary Examination, Arthur S. Miller
Social Justice And The Warren Court: A Preliminary Examination, Arthur S. Miller
Pepperdine Law Review
Whether courts should attempt to advance social justice is a much debated topic in American jurisprudence. The conventional wisdom about the judicial process is to the contrary. In this article, Professor Arthur S. Miller suggests that the Supreme Court's innovative civil rights and civil liberties decisions during Chief Justice Earl Warren's tenure had the ultimate effect of helping to preserve the status quo of the social order. Its decisions, coming at a time of economic abundance, were a means of siphoning off discontent from disadvantaged groups at minimum social cost to the established order. The "activist" decisions under Warren were …
Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert
Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert
Pepperdine Law Review
No abstract provided.
A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf
A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf
Pepperdine Law Review
No abstract provided.