Law Commons^™

Citizenship And Scholarship (Review Essay), George Kannar

Book Reviews

Review of Robert H. Bork, The Tempting of America: The Political Seduction of the Law (1990); Ethan Bronner, Battle for Justice: How the Bork Nomination Shook America (1989); Michael Pertschuk & Wendy Schaetzel, The People Rising: The Campaign Against the Bork Nomination (1989); Patrick B. mcGuigan & Dawn M. Weyrich, Ninth Justice: The Battle for Bork (1990).

Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann

Faculty Scholarship

This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.¹ In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. ² Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, ³ thus settling a controversial …

The Theory And Practice Of Defending Judges Against Unjust Criticism, Ronald J. Bacigal

Law Faculty Publications

Having set forth the above premise and conclusion, the American Bar Association Subcommittee on Unjust Criticism of the Bench promulgated a model program for bar associations to follow when countering inaccurate or unjust criticism of judges. This article presents no quarrel with the model program but instead seeks to relate the model to an empirical account of how it might operate in practice. It must be remembered that the acid test of a theoretical model is not whether the theory is "true" in a purely academic sense but whether the model is useful in describing the "real world. " In …

Taking The Court Seriously: A Proposed Approach To Senate Confirmation Of Supreme Court Nominees, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages (includes illustrations).

Contains references.

Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.

Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.

The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …

Ringing The Bell, Roger J. Miner '56

Legal Education

No abstract provided.

Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …

The Constitutional Catechism Of Antonin Scalia, George Kannar

Journal Articles

No abstract provided.

Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56

Law Practice

No abstract provided.

Memorial Service: Judge James T. Foley, Roger J. Miner '56

Judges

No abstract provided.

Eulogy: Irving Price, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.

State Crime In The Federal Forum, Roger J. Miner '56

Criminal Law

No abstract provided.

State Crime In The Federal Forum, Roger J. Miner '56

Federalist Society

No abstract provided.

Remarks, J.R. Scully Retirement Luncheon, Roger J. Miner '56

Tributes & Testimonials

No abstract provided.

The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Appointment Controversies And The Supreme Court, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Advice, Consent, And Influence, Robert F. Nagel

Publications

No abstract provided.

Systemic Due Process: Procedural Concepts And The Problem Of Recusal, 38 U. Kan. L. Rev. 381 (1990), Paul B. Lewis

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Gender Gap On The Federal Bench, Carl W. Tobias

Law Faculty Publications

This Commentary evaluates President George H.W. Bush's lackluster record of appointing women to the federal courts. The Commentary initially examines the relevant data on female judicial appointments and assesses why the Bush Administration has placed few women on the bench. It next recommends that President Bush name substantially more women in 1991 and 1992 and explores why and how this endeavor should be instituted. The Commentary then analyzes what the Bush Administration is likely to do about the paucity of female appointees. Because it is not clear that President Bush will place very many women on the federal courts, the …

The Federal Judiciary Engendered, Carl W. Tobias

Law Faculty Publications

The dearth of women named to cabinet level positions in the George H.W. Bush Administration does not augur well for appointment of women to the federal bench. Equally discouraging was Mr. Bush's campaign response to the question whether there should be special efforts to select more women for the federal judiciary: "[I] remain committed to appointing to the bench the best qualified candidates we can find-regardless of ... gender--and the record shows that we have been successful in fulfilling this commitment. " The record compiled by the Administration in which he served as Vice-President for two terms was deplorable.

To …

Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins

Publications

No abstract provided.

Judging The Judges: Three Opinions, James Boyd White

Articles

For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision? The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …

The Supreme Court In Politics., Terrance Sandalow

Reviews

Despite all that has been written about the bitter struggle initiated by President Reagan's nomination of Robert Bork to a seat on the Supreme Court, its most remarkable feature, that it was waged over a judicial appointment, has drawn relatively little comment. Two hundred years after the Philadelphia Convention, Hamilton's "least dangerous" branch - least dangerous because it would have "no influence over either the sword or the purse, no direction either of the strength or the wealth of the society, and can take no active resolution whatever"'-had come to occupy so important a place in the nation's political life …

Review Of "Honorable Justice: The Life Of Oliver Wendell Holmes" By S. Novick, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Developments In Constitutional Law: The 1988-89 Term, A. Wayne Mackay, Dianne Pothier

Articles, Book Chapters, & Popular Press

This article canvasses the major developments from the 1988-89 term of the Supreme Court of Canada.

In terms of Charter jurisprudence there were major developments concerning equality rights, mobility rights, freedom of expression, and section 7.

More generally, there were also important developments in the federal trade and commerce power and broad hints as to the Supreme Court's leanings in relation to the federal spending power. There is clarification on how both federal and provincial laws affect federal undertakings, and re-affirmation of the ancillary nature of powers in relation to language. The Court reassesses the tests of when a provincial …

Caseload And Judging: Judicial Adaptations To Caseload, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Book Review, Richard B. Collins

Publications

No abstract provided.

Political Pressure And Judging In Constitutional Cases, Robert F. Nagel

Publications

No abstract provided.