Law Commons^™

Evaluating The Judges In Baton Rouge, Susan E. Howell

Survey Research Center Publications

The Baton Rouge Bar Association seeks to provide the public, lawyers, and the judges with some sort of evaluation of the judges in the Baton Rouge area. Since it is difficult for the public to obtain information on judges, the Bar Association relied on its own members and the members of the Louis Martinet Society to evaluate all judges, including city, state, and federal courts. Hopefully, the results will be useful to the public, the lawyers, and especially to the judges. Most judges can take satisfaction in the high regard with which they are held by the hundreds of lawyers …

Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White

All Faculty Scholarship

No abstract provided.

The True Constitutionalist, Raoul Berger, 1901-2000: His Life And His Contribution To American Law And Politics, Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

When Raoul Berger turned ninety a little over a decade ago, he was presented with a book of letters from friends and admisrers. Those sending their good wishes were among America's most distinguished jurists, public officials and scholars, including Chief Justice William H. Rehnquist, former Attorney General Edwin Meese III and Professor Philip B. Kurland. The collection was introduced by a letter from former President Ronald Reagan.

Court Administration As A Tool For Judicial Reform, Christie Warren

Faculty Publications

This paper focuses on court administration as a component of judicial branch reform in the United States and other countries.

Over the past fifty years, state and federal court systems in the United States have undergone a process of significant change. At the beginning of the twentieth century, courts were largely dependent upon the executive branch of government for administrative support and were for the most part externally dominated, disorganized, and poorly managed. By the end of the century, they had undergone a process of administrative innovation and improvement that changed the way they were managed. In other countries, judicial …

The U Of O'S Greatest Grad, Maurice James Holland

Maurice James Holland (1984-1985 Acting; 1986 Acting)

After leaving the Indiana University School of Law in 1986, Maury Holland became the dean at the University of Oregon School of Law. He stepped down as Oregon’s dean in 1992 and continued teaching until his retirement in 2008. Holland died in 2020.

On March 13, 2001, Holland delivered the following lecture to the Round Table of Oregon. The lecture profiles University of Oregon Law Alumni Yosuke Matsuoka, who received his law degree in 1910 and went on to serve as a Japanese diplomat and the country’s Minister of Foreign Affairs.

Sovereign Limits And Regional Opportunities For Global Civil Society In Latin America, Elisabeth Jay Friedman, Kathryn Hochstetler, Ann Marie Clark

Politics

In this article, we evaluate whether Latin American participation in international arenas reinforces traditional divides between state and society in global politics or transforms state-society relations in ways compatible with the concept of global civil society. We examine the participation and interaction of Latin American nongovernmental organizations and states at three recent United Nations conferences: the 1992 UN Conference on Environment and Development, the 1993 World Conference on Human Rights, and the 1995 Fourth World Conference on Women. We conclude that Latin Americans are full participants in any emerging global civil society. Their experiences at the 1990s issue conferences closely …

Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber

Faculty Scholarship

No abstract provided.

Inherited Legal Systems And Effective Rule Of Law: Africa And The Colonial Legacy, Sandra F. Joireman

Political Science Faculty Publications

The question of whether particular types of legal institutions influence the effectiveness of the rule of law has long been answered with conjecture. Common law lawyers and judges tend to believe that the common law system is superior. This opinion is based on the idea that the common law system inherited from the British is more able to protect the rights of the individual than civil law judicial systems. Quite the opposite point of view can be found in lawyers from civil law countries, who may view the common law system as capricious and disorganised. This paper compares the effectiveness …

Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi

All Faculty Scholarship

No abstract provided.

Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Role Of Law In The Functioning Of Federal Systems, George A. Bermann

Faculty Scholarship

Federal systems are about the distribution of legal and political power, but law is not only one of the currencies of federalism, it is also one of federalism's most important supports; this chapter considers the role that law plays in establishing and enforcing the system by which both legal and political power are distributed within the USA and the EU. Bermann explores the various ways in which the courts can, and choose to, enforce the principles of federalism beyond the classical ‘political’ and ‘procedural’ safeguards provided by the institutional structures themselves and the constraints on the deliberative process. He describes …

Religion And American Political Judgments, Kent Greenawalt

Faculty Scholarship

This Article addresses the extent to which officials and citizens should rely directly on their religious convictions to reach political judgments and make political arguments. Reviewing opposing "exclusive" and "inclusive" positions, this Article suggests that officials generally should not articulate arguments in religious terms. Many officials should have a greater freedom to rely on religious bases of judgments, and private citizens should not regard themselves as constrained in the manner of officials. This approach, defended initially from the perspective of detached political philosophy, fits comfortably with a variety of overarching religious views. The constraints it suggests should be regarded as …

Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs

Faculty Publications

No abstract provided.

A Reciprocal Welfare Program, Amy L. Wax

All Faculty Scholarship

This paper examines how social welfare programs should be structured to comport with the principle of conditional reciprocity. A previous paper, Rethinking Welfare Rights, 63 Law & Contemporary Problems 257 (Winter/Spring 2000), drew upon voter survey data to suggest that a powerful cluster of attitudes governs citizens' views on social redistribution. Most people accept collective responsibility for the poor but adhere to a moralistic distinction between deserving and undeserving recipients of public aid. They view entitlement to group resources as conditional on each person's reasonable effort, consistent with ability, to support himself and his family. It was speculated that the …

Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.

The Electoral College, The Right To Vote, And Our Federalism: A Comment On A Lasting Institution, Luis Fuentes-Rohwer, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.

"On The Make": Campaign Funding And The Corrupting Of The American Judiciary, David R. Barnhizer

Law Faculty Articles and Essays

The thesis offered here is that the cost of judicial campaigns has reached a level where both candidates and sitting judges are shaping their behavior to attract financial and other support. This not only results in distortion of judicial selection by repelling meritorious potential candidates who are unwilling to compromise their principles, but in the capture of judges by special interests willing to finance judicial campaigns. Some argue that the great increase in contributions to judicial candidates simply means that contributors are giving to candidates they feel certain will support their positions. To some extent this is certainly true. But …

The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.

State Accountability For Violations Of Intellectual Property Rights: How To "Fix" Florida Prepaid (And How Not To), Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi

All Faculty Scholarship

No abstract provided.

Fundamental Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Rolf Sturner, Michele Taruffo, Anthony Gidi

All Faculty Scholarship

No abstract provided.

W(H)Ither Zschernig?, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The author argues here that a declaration of victory by the critics of the dormant foreign affairs doctrine would be premature. Notwithstanding the Court's citation of Ashwander v. TVA, the actual grounds of the decision in Crosby were in no meaningful sense less "constitutional" in nature than a decision based on the dormant foreign affairs power would have been. Moreover, even though the Court said that its decision was based on a straightforward application of "settled ... implied preemption doctrine," the Court's preemption analysis was anything but ordinary. Indeed, Crosby's version of preemption analysis is subject to the …

Conflicting Rights And The Outbreak Of The First World War, Leo Katz

All Faculty Scholarship

No abstract provided.

The Soul Of A New Political Machine: The Online, The Color Line And Electronic Democracy, Eben Moglen, Pamela S. Karlan

Faculty Scholarship

In this Essay, we want to suggest two ways in which people's experience with the Internet may affect how they think politics ought to be organized, and to consider the consequences for the political aspirations of minority communities. First, the notion of "virtual communities” – that is, communities that affiliate along nongeographic lines – may provide new support for alternatives to traditional geographic districting practices. As Americans become more comfortable with the idea that people can belong to voluntarily created, overlapping, fluid, nongeographically defined communities, which may be as important as the physical communities in which they live, they may …