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Articles 1 - 13 of 13

Full-Text Articles in Law

A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer Dec 1998

A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Judicial Discipline And Judicial Independence, Steven Lubet Jul 1998

Judicial Discipline And Judicial Independence, Steven Lubet

Law and Contemporary Problems

The question of judicial accountability and independence arises primarily in the context of state courts. When it comes to accountability, it is state judges who must be concerned about threates to their independence.


Separating Judicial Power, David P. Currie Jul 1998

Separating Judicial Power, David P. Currie

Law and Contemporary Problems

Currie outlines the development of the status of judges in England and in the US, with a brief reference to the German system. He also discusses some of the more important controversies over judicial independence and accountability that have arisen under the US Constitution.


Comment: Liberty, Prosperity, And A Strong Judicial Institution, Stephen G. Breyer Jul 1998

Comment: Liberty, Prosperity, And A Strong Judicial Institution, Stephen G. Breyer

Law and Contemporary Problems

No abstract provided.


In Memoriam: Donald Stuart Russell, John C. Moylan Iii Apr 1998

In Memoriam: Donald Stuart Russell, John C. Moylan Iii

South Carolina Law Review

No abstract provided.


John Marshall And The Rule Of Law, John V. Orth Apr 1998

John Marshall And The Rule Of Law, John V. Orth

South Carolina Law Review

No abstract provided.


Newgarth Revisited: Mrs. Robinson's Case, Alexander M. Sanders Jr. Apr 1998

Newgarth Revisited: Mrs. Robinson's Case, Alexander M. Sanders Jr.

South Carolina Law Review

No abstract provided.


R. V. R.D.S.: A Political Science Perspective, Jennifer Smith Apr 1998

R. V. R.D.S.: A Political Science Perspective, Jennifer Smith

Dalhousie Law Journal

Political scientists, including those who study Canadian government and politics, regard the judiciary as a component of the system of governance as a whole. They view it as an institution in relation to other institutions. Thus in The Judiciary in Canada: The Third Branch of Government, Peter Russell examines such issues as the structure of the judiciary in the federal system, the separation of powers and judicial independence, and the appointment, promotion and removal of judges.' As well, political scientists follow the development of the law itself, in areas of peculiar relevance to political life, like electoral law, or of …


No Dichotomies: Reflections On Equality Forafrican Canadians In R. V. R.D.S., April Burey Apr 1998

No Dichotomies: Reflections On Equality Forafrican Canadians In R. V. R.D.S., April Burey

Dalhousie Law Journal

The contrasts, in form and substance, were stark. In form, I was a black woman in a wheelchair, pleading before an all-white, able-bodied and almost all-male Supreme Court of Canada. The usually empty public galleries in the Ottawa courtroom were filled with people of colour, who had come from across the country to witness the hearing of this landmark case. On their entrance, the nine white judges, dressed in their staid, black robes made an almost audible gasp as they were met with this colourfully clad, intently silent band of people of colour.


What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan Apr 1998

What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan

Dalhousie Law Journal

Lawyers hanker after authority. Whether it be in enforcing the law or justifying law's institutional power, there is an almost desperate yearning to establish and maintain the legitimacy of law and, therefore, of themselves, in a social world in which the whole notion of authority is challenged and undermined. When it comes to matters of legal interpretation, jurists and judges still crave some method that will ground or trace back an interpretation to a foundational or ultimate source that can confer authority on one particular interpretation over another. However, recent jurisprudential debate has done fatal damage to the notion that …


Remembering The Fourth Circuit Judges: A History From 1941 To 1998 Mar 1998

Remembering The Fourth Circuit Judges: A History From 1941 To 1998

Washington and Lee Law Review

No abstract provided.


"Father Chief Justice": E. D. White And The Constitution, A Play, Paul R. Baier Feb 1998

"Father Chief Justice": E. D. White And The Constitution, A Play, Paul R. Baier

Louisiana Law Review

No abstract provided.


Everything You Always Wanted To Know About Judges But Were Afraid To Ask, Alexander M. Sanders Jr. Jan 1998

Everything You Always Wanted To Know About Judges But Were Afraid To Ask, Alexander M. Sanders Jr.

South Carolina Law Review

No abstract provided.