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Articles 1 - 19 of 19
Full-Text Articles in Law
The Place Of The Judiciary In The Constitutional Culture Of New Zealand, Matthew S. R. Palmer Qc
The Place Of The Judiciary In The Constitutional Culture Of New Zealand, Matthew S. R. Palmer Qc
The Hon Justice Matthew Palmer
New Zealand constitutional culture is dominated by the political branches of government: representative democracy and parliamentary sovereignty are perhaps the two most fundamental New Zealand constitutional norms. The judiciary has historically occupied an inferior, residual role with a relatively inaudible voice in constitutional dialogue. Against this context the paper explores the position of the judiciary in contemporary New Zealand constitutional culture. It concludes that it would take a striking judicial decision, consistent with public opinion, against government action, to invigorate popular support for the judicial branch of government. The normative prescription for the institutional health of the judicial branch is …
The Compromise Of '38 And The Federal Courts Today, John H. Robinson
The Compromise Of '38 And The Federal Courts Today, John H. Robinson
John H. Robinson
No abstract provided.
Commonwealth And Constitution, Robert S. Claiborne Jr.
Commonwealth And Constitution, Robert S. Claiborne Jr.
University of Richmond Law Review
No abstract provided.
Where The Judiciary Prosecutes In Front Of Itself: Missouri's Unconstitutional Juvenile Court Structure, Josh Gupta-Kagan
Where The Judiciary Prosecutes In Front Of Itself: Missouri's Unconstitutional Juvenile Court Structure, Josh Gupta-Kagan
Missouri Law Review
Part II will describe the juvenile officer’s unique role in Missouri law, and explain how this role makes Missouri an outlier within the United States. Part III will argue that the juvenile officer’s prosecutorial discretion violates the separation of powers required by the Missouri Constitution and informed by the U.S. Constitution. Part IV will describe the real world harms that flow from this violation, with a particular focus on the harms in child abuse and neglect cases. Part V will outline potential policy solutions to this problem.
Fashion, Sexism, And The United States Federal Judiciary, Charles E. Colman
Fashion, Sexism, And The United States Federal Judiciary, Charles E. Colman
Charles E. Colman
The U.S. federal judiciary has frequently displayed a dismissive attitude toward "fashion," while simultaneously recognizing the great economic importance of clothing. As fashion was, from the formation of the United States until at least the late 1960s, associated primarily with the female sex, while judges during this time period were almost exclusively male, one naturally wonders whether the power dynamics of gender shaped the development of the law pertaining to fashion. There is good reason to believe that this has indeed been the case.
Justice Florence Kerins Murray: The Legacy Of A Pioneer In The Rhode Island Courts, Marian M. Desrosiers Ph.D.
Justice Florence Kerins Murray: The Legacy Of A Pioneer In The Rhode Island Courts, Marian M. Desrosiers Ph.D.
Journal of Interdisciplinary Feminist Thought
This essay discusses the professional and personal life of Florence Kerins Murray (1916-2004), a senator and judge, whose career had a profound effect onRhode Islandgovernment, public service, and the judiciary. The author uses twenty oral history interviews conducted by the author from 2007-12 with men and women working in the courts, in state and local governments, in public service organizations, and in the media. The research was funded by a scholar grant from the Rhode Island Council on the Humanities.
Report On Pacific Islands Judges Symposium On Sustainable Development, G. L. Rose
Report On Pacific Islands Judges Symposium On Sustainable Development, G. L. Rose
Professor Gregory Rose
Report on the Pacific Islands Judges Symposium on Environmental Law and Sudstainable DevThe Pacific Islands Judges Symposium on Environmental Law and Sustainable Development was held over three days, 5-7 February 2002. The aim of the Symposium was to bring together judges from the region for information exchange, between themselves and experts in environmental law, and for discussion of potential roles of the judiciary in decision making for sustainable development. It was one in a series of judicial symposia on environmental law organised by the United Nations Environment Programme (UNEP). Other regions where such symposia have been held include Africa (1995), …
Dean’S Message, Lawrence Raful
Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele
Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele
Richard J. Peltz-Steele
Appellate judges operate in the shadows. Though they don’t see it that way. “We are judged by what we write,” said U.S. Supreme Court Justice Anthony Kennedy. True too, court proceedings and records are presumptively open to the public. The West Wing of the White House is certainly not so vulnerable to public scrutiny, and the backrooms of legislative chambers are famously smoke-filled. Yet the parts of court activity that we see and hear seem only to whet our appetite for the rest of the process. In this Preface, the author introduces the subject of the journalist and the court, …
Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko
Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil
Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Improving Public Trust & Confidence In Administrative Adjudication: What An Administrative Law Judge Can Do, Edward J. Schoenbaum
Improving Public Trust & Confidence In Administrative Adjudication: What An Administrative Law Judge Can Do, Edward J. Schoenbaum
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law Judges, Judicial Independence, And Judicial Review: Qui Custodiet Ipsos Custodes?, W. Michael Gillette
Administrative Law Judges, Judicial Independence, And Judicial Review: Qui Custodiet Ipsos Custodes?, W. Michael Gillette
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Transparency, Independence And Diversity: Does The United States Have It Better?-A Comparative Analysis Of The Process Of Appointment Of Judges To The Supreme Court In The United States And India., Varun Vaish
Varun Vaish
The rise of legal realism has made it manifestly clear that the background and worldview of judges influence cases.This is evidenced in the United States where the appointment of judges to the higher judiciary is believed to be, at least in some measure, predicated upon the proximity of the political ideology of the judge with that of the appointing party. This influence is acknowledged, questioned and somewhat mitigated against by the process of appointment wherein the Senate ratifies the president’s choice. However the lack of acknowledgement of this influence and its consequent securitization, in the appointment of judges is where …
Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods
Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods
Pepperdine Law Review
No abstract provided.
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.
Precedent And Reliance, Randy J. Kozel
Precedent And Reliance, Randy J. Kozel
Journal Articles
Among the most prevalent justifications for deference to judicial precedent is the protection of reliance interests. The theory is that when judicial pronouncements have engendered significant reliance, there should be a meaningful presumption against adjudicative change. Yet there remains a fundamental question as to why reliance on precedent warrants judicial protection in the first place.
This Article explores the dynamics and implications of precedential reliance. It contends that the case for protecting reliance on precedent is uncertain. There are several reasons why reliance might potentially be worth protecting, but all are subject to serious limitations or challenges. To bolster the …
Of Law And The Revolution, Lama Abu-Odeh
Of Law And The Revolution, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
The Egyptian revolution is proving to be a very legal one. That is not to say that the revolution’s demands have been legalized, nor that Egypt’s law has been revolutionized, rather, the forces that have come to the fore since the toppling of Mubarak in Feb 2011 have chosen law as the privileged form through which to bargain with each other. The density of the legal back and fro has been overwhelming: constitutional amendments, constitutional supplementary declarations, parliamentary laws, legislative amendments, military decrees, court trials, constitutional court decisions overturning laws passed, conflicting decisions from various courts, presidential decrees, emergency laws …
Women And Judging: A Feminist Approach To Judging And The Issue Of Customary Law (Eleventh Annual Ruth Bader Ginsburg Lecture), Susan H. Williams
Women And Judging: A Feminist Approach To Judging And The Issue Of Customary Law (Eleventh Annual Ruth Bader Ginsburg Lecture), Susan H. Williams
Articles by Maurer Faculty
No abstract provided.