Law Commons^™

Section 1: Justices' Profiles, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Exorcising The Evil Of Forum-Shopping, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Most of the business of litigation comprises pretrial disputes. A common and important dispute is over where adjudication should take place. Civil litigators deal with nearly as many change-of-venue motions as trials. The battle over venue often constitutes the critical issue in a case.

The American way is to provide plaintiffs with a wide choice of venues for suit. But the American way has its drawbacks. To counter these drawbacks, an integral part of our court systems, and in particular the federal court system, is the scheme of transfer of venue "in the interest of justice." However, the leading evaluative …

Politics And The Judiciary: The Influence Of Judicial Background On Case Outcomes, Orley Ashenfelter, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications

It is widely believed that the background and worldview of judges influence their decisions. This article uses the fact that judges are assigned their cases randomly to assess the effect of judicial background on the outcome of cases from the day-to-day docket in three federal trial courts. Unlike the political science findings of ideological influence in published opinions, we find little evidence that judges differ in their decisions with respect to the mass of case outcomes. Characteristics of the judges or the political party of the judge's appointing president are not significant predictors of judicial decisions.

The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi

Cornell Law Faculty Publications

This Essay surveys three major transformations in state and federal rules of evidence since the introduction of the Federal Rules of Evidence. The Rules have not only inspired a movement toward codification in the states, they have also liberalized the admission of expert testimony and hearsay. This partially explains thirteen states' reluctance to codify. Judges have furthered this trend by admitting far more discretionary hearsay evidence than Congress intended. Professor Rossi doubts this expansion of the hearsay exceptions would have occurred without the adoption of the FRE and suggests that the newly formed Advisory Committee will produce greater substantive changes …

On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar

Articles

Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.

Eye On Justice, Roger J. Miner '56

Legal History

No abstract provided.

Judge William W. Schwarzer And Automatic Disclosure, Carl W. Tobias

Law Faculty Publications

Tribute to Senior United States District Judge William W. Schwarzer upon his retirement as Director of the Federal Judicial Center.

Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro

LLM Theses and Essays

Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …

Breakfast With Justice Blackmun, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.

A Catalogue Of Judicial Federalism In The United States, Thomas E. Baker

Faculty Publications

No abstract provided.

Innovations Disguised As Traditions: An Historical Review Of The Supreme Court Nominations Process, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

Anti-Intellectualism, Pierre Schlag

Publications

No abstract provided.

Lessons From Reforming Inquisitorial Systems, William T. Pizzi

Publications

No abstract provided.

From Hedonism To Human Rights: Felix Cohen's Alternative To Nihilism, 68 Temple L. Rev. 197 (1995), Joel R. Cornwell

UIC Law Open Access Faculty Scholarship

No abstract provided.

Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, 28 U. Mich. J.L. Reform 305 (1995), Matthew R. Kipp, Paul B. Lewis

UIC Law Open Access Faculty Scholarship

With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …

The Counter-Revolutionary Nature Of Justice Scalia's Traditionalism, 27 Pac. L.J. 99 (1995), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison

Scholarly Articles

None available.

A Tribute To Anne Simonett, Edward Toussaint

Faculty Scholarship

Tribute to Judge Anne Simonett, from Judge Edward Toussaint, Chief Judge of the Minnesota Court of Appeals.

Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg

Faculty Scholarship

Justice Rosalie Wahl is well-known as the first woman to be appointed to the Minnesota Supreme Court, but she has made a lesser known, yet critical, contribution to the quality and effectiveness of legal education in this country. As chair of the American Bar Association's Section on Legal Education and Admissions to the Bar, Wahl created the MacCrate Commission. The MacCrate Report charts the way for improvement in law school teaching and learning, and the discussion following the report lead to the creation of an ABA Commission to take testimony and review the ABA Accreditation Standards. Wahl also chaired this …

What's An Opinion For? (Special Issue: Judicial Opinion Writing), James Boyd White

Articles

The question the papers in this Special Issue address is whether it matters how judicial opinions are written, and if so why. My hope here is to suggest a way of elaborating the ques­tion that may provide the reader with a useful point of departure for reading the more extensive papers that follow.

Increasing Balance On The Federal Bench, Carl W. Tobias

Law Faculty Publications

In President Bill Clinton's first year of service, he nominated unprecedented numbers and percentages of highly qualified women and minorities to the federal judiciary. The Clinton Administration correspondingly employed an effective process for choosing potential jurists that generated relatively little controversy.

Some wondered whether President Clinton could improve his first year judicial selection record during his second year in office, especially given the number of international conflicts and pressing domestic matters that faced the Administration. These complications threatened to deflect the Administration's attention from naming judges.

Now that the 103d Congress has adjourned and President Clinton has reached mid-term, the …

Highlighting A Low Point On A High Court: Some Thoughts On The Removal Of Pennsylvania Supreme Court Justice Rolf Larsen And The Limits Of Judicial Self-Regulation, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Avoiding Error In Closing Argument, H. Patrick Furman

Publications

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The Nomination Of Justice Brennan: Eisenhower's Mistake: A Look At The Historical Record, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Freedom Of Religion & Religious Minorities In Pakistan: A Study Of Judicial Practice, Tayyab Mahmud

Faculty Articles

This article explores the practice of the superior judiciary of Pakistan as it relates to freedom of religion and rights of religious minorities. Pakistan's successive constitutions, which guarantee fundamental rights and provide for separation of powers and judicial review, contemplate judicial protection against unlawful executive and legislative actions. The record of Pakistan's judiciary about protection of the rights of religious minorities is uneven and has gone through three phases. The first phase is remarkable for unequivocal protection of freedom of religion and religious minorities. The second phase contracted this protection through undue deference to the legislature. In the last phase …

An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace

Publications

No abstract provided.

We Can't Go On Together With Suspicious Minds: Judicial Bias And Racialized Perspective In R V Rds, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In recent years it has been recognized that the Canadian judiciary has been drawn from only a relatively small cross section of the community, specifically privileged white males. As a result there have been calls for, and some action in pursuit of, appointment processes that are designed to diversify the bench in order to render it more inclusive. Gender and race are the two primary categories that are invoked as the benchmarks of diversity. While it would appear that numerically there seems to be some very modest progress towards the goal of achieving a more inclusive judiciary, significant qualitative, institutional …

Justice Stephen Breyer: Purveyor Of Common Sense In Many Forums, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Politcs And The Courts: A Positive Theory Of Judicial Doctrine And The Rule Of Law, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.

Art Of Judicial Biography, Michael J. Gerhardt

Faculty Publications

No abstract provided.