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Articles 1 - 30 of 91
Full-Text Articles in Judges
Acknowledgments, R. Kennon Poteat
Acknowledgments, R. Kennon Poteat
University of Richmond Law Review
No abstract provided.
Remembering Judge Merhige, Michael W. Smith
Remembering Judge Merhige, Michael W. Smith
University of Richmond Law Review
No abstract provided.
The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne
The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne
University of Richmond Law Review
No abstract provided.
To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal
To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal
University of Richmond Law Review
No abstract provided.
Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles
Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles
University of Richmond Law Review
No abstract provided.
Tribute To Judge Merhige, Orran L. Brown
Tribute To Judge Merhige, Orran L. Brown
University of Richmond Law Review
No abstract provided.
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Faculty Publications
As we see in this symposium, Justice Harry Blackmun is as controversial in death as he was in life. We live in a time of increasing absolutism, where things are either black or white, red or blue, you are either for me or against me, my way or the highway. It is when we are swayed by the sirens of absolutism that we are most likely to make mistakes, for absolutism diminishes our capacity to see nuance, much less to appreciate and account for it in our reasoning. This is a dangerous thing in a court, and in a democracy. …
Supreme Court Nomination John G. Roberts: Hearing Before The S. Comm. On The Judiciary, 109th Cong., Sept. 15, 2005 (Statement Of Peter B. Edelman, Prof. Of Law, Geo. U. L. Center), Peter B. Edelman
Testimony Before Congress
No abstract provided.
The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer
The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer
ExpressO
The emerging field of comparative institutional analysis (CIA) has much to offer public policy analysts. However, the failure of CIA to address the dynamic process through which social goals are articulated limits the scope of its application to the largely prescriptive pronouncements of legal scholars. By examining the movement for equal recognition of same-sex relationships, this Essay builds on the basic observations of CIA and introduces a new dimension, namely the dynamic process through which social goals are articulated and social change is pursued. The acknowledgment that the production of social goals involves institutional behavior, as well as multiple sites …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser
Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser
Nevada Law Journal
No abstract provided.
Judicial Predilections, John Paul Stevens
The Personal Record Book Of Hayyim Gundersheim Dayyan (1774), Edward Fram
The Personal Record Book Of Hayyim Gundersheim Dayyan (1774), Edward Fram
Early Modern Workshop: Resources in Jewish History
Rabbinic courts were and remain an integral part of the Jewish community and the Jewish community in Frankfurt in the late eighteenth century had not one but two such courts. The courts handled a wide range of issues including divorces, contracts, real estate transactions, trusts, estates, and also gave opinions on the scope of Jewish communal authority. This particular case deals with a house on the so called "Judengasse" in Frankfurt. The Jewish ghetto was divided up into lots that had names rather than street numbers and houses on the lots were often owned by more than one family. The …
Proceedings Of Old Bailey (18th Century), Todd Endelman
Proceedings Of Old Bailey (18th Century), Todd Endelman
Early Modern Workshop: Resources in Jewish History
Todd Endelman discusses the following six texts were published in The Whole Proceedings upon the King's Commission of Oyer and Terminer and Gaol Delivery for the City of London and also the Gaol Delivery for the County of Middlesex, a series of printed volumes recording cases tried at the Old Bailey in the City of London in the eighteenth and early nineteenth centuries (now accessible on line at www.oldbaileyonline.org.)
This presentation is for the following text(s):
U.S. Supreme Court Tort Reform: Limiting State Power To Articulate And Develop Its Own Tort Law–Defamation, Preemption, And Punitive Damages, Thomas C. Galligan
U.S. Supreme Court Tort Reform: Limiting State Power To Articulate And Develop Its Own Tort Law–Defamation, Preemption, And Punitive Damages, Thomas C. Galligan
ExpressO
U.S. Supreme Court Tort Reform: Limiting State Power to Articulate and Develop Its Own Tort Law–Defamation, Preemption, and Punitive Damages analyzes and critiques the three primary areas in which the U.S. Supreme Court has found federal constitutional limits on a state’s power to articulate, develop, and apply its common law of torts. It is the first piece to consider all three areas together as an emerging body of jurisprudence which Professor Galligan calls U.S. Supreme Court tort reform. After setting forth a modest model of adjudication, the article applies that model to each of the three areas: defamation and related …
Shifts In Policy And Power: Calculating The Consequences Of Increased Prosecutorial Power And Reduced Judicial Authority In Post 9/11 America, Chris Mcneil
ExpressO
Among many responses to the attacks of September 11, 2001, Congress and the states have shifted to the executive branch certain powers once held by the judicial branch. This article considers the impact of transferring judicial powers to prosecutorial officers, and compares the consequent increased powers of the prosecutor with those powers traditionally held by prosecutors in Japanese criminal courts. It considers the impact of removing from public view and judicial oversight many prosecutorial functions, drawing comparisons between the largely opaque Japanese prosecutorial roles and those roles now assumed in immigration and anti-terrorism laws, noting the need for safeguards not …
Counter-Majoritarian Power And Judges' Political Speech, Michael R. Dimino
Counter-Majoritarian Power And Judges' Political Speech, Michael R. Dimino
ExpressO
Canons of ethics restrict judicial campaigning and prohibit sitting judges from engaging in political activity. Only recently, in Republican Party v. White, 536 U.S. 765 (2002), has the Supreme Court addressed the constitutionality of these restrictions, concluding that judicial candidates must be allowed some opportunity to discuss legal and political issues in their campaigns. But White left many questions unanswered about the permissible scope of restrictions on judges’ political activity.
This Article suggests that those questions will be answered not by applying principles of free speech, but by analyzing the opportunities the restrictions provide for independent judicial policy-making. Restrictions on …
From International Law To Law And Globalization, Paul Schiff Berman
From International Law To Law And Globalization, Paul Schiff Berman
ExpressO
International law’s traditional emphasis on state practice has long been questioned, as scholars have paid increasing attention to other important – though sometimes inchoate – processes of international norm development. Yet, the more recent focus on transnational law, governmental and non-governmental networks, and judicial influence and cooperation across borders, while a step in the right direction, still seems insufficient to describe the complexities of law in an era of globalization. Accordingly, it is becoming clear that “international law” is itself an overly constraining rubric and that we need an expanded framework, one that situates cross-border norm development at the intersection …
Bayes' Law, Sequential Uncertainties, And Evidence Of Causation In Toxic Tort Cases, Neal C. Stout, Peter A. Valberg
Bayes' Law, Sequential Uncertainties, And Evidence Of Causation In Toxic Tort Cases, Neal C. Stout, Peter A. Valberg
University of Michigan Journal of Law Reform
Judges are the gatekeepers of evidence. Arguably, the most difficult duty for a judicial gatekeeper is to screen the reliability of expert opinions in scientific fields such as medicine that are beyond the ken of most judges. Yet, judges have a duty to scrutinize such expert opinion evidence to determine its reliability and admissibility. In toxic tort cases, the issue of causation-whether the alleged exposures actually caused the plaintiffs injury-is nearly always the central dispute, and determining admissibility of expert causation opinion is a daunting challenge for most judges. We present a comprehensive review of the courts' struggles with the …
Supreme Court Overview, October Term 2004, Georgetown University Law Center, Supreme Court Institute, Kelly Falls
Supreme Court Overview, October Term 2004, Georgetown University Law Center, Supreme Court Institute, Kelly Falls
Supreme Court Overviews
No abstract provided.
Judicial Citation To Legislative History: Contextual Theory And Empirical Analysis, Michael B. Abramowicz, Emerson H. Tiller
Judicial Citation To Legislative History: Contextual Theory And Empirical Analysis, Michael B. Abramowicz, Emerson H. Tiller
Law and Economics Papers
Judge Leventhal famously described the invocation of legislative history as "the equivalent of entering a crowded cocktail party and looking over the heads of the guests for one's friends." The volume of legislative history is so great and varied, some contend, that judges cite it selectively to advance their policy agendas. In this article, we employ positive political and contextual theories of judicial behavior to examine how judges use legislative history. We consider whether opinion-writing judges, as Judge Leventhal might suggest, cite legislative history from legislators who share the same political-ideological perspective as the opinion-writing judge? Or do judges make …
El Recurso Extraordinario Por Arbitrariedad De Sentencia En La Corte Suprema, Horacio M. Lynch, Laura Bierzychudek, María Clara Pujol, Sofía Plazibat, Martín Bruzzi
El Recurso Extraordinario Por Arbitrariedad De Sentencia En La Corte Suprema, Horacio M. Lynch, Laura Bierzychudek, María Clara Pujol, Sofía Plazibat, Martín Bruzzi
Horacio M. LYNCH
Este trabajo comprende un estudio realizada entre el 21 de febrero y el 21 de mayo de 2005 sobre la labor de la Corte Suprema de Justicia de la Nación Argentina con relación al Recurso Extraordinario Arbitrariedad de Sentencia. Presenta la situación objetiva y actual generada por este peculiar recurso extraordinario y su incidencia en el trabajo de la Corte a través del análisis estadístico de sus fallos y de su estudio comparativo. Asimismo, se integra y completa con otros documentos – un folleto con las conclusiones más importantes, presentadas en forma gráfica y una presentación en Power Point – …
University Of Richmond Law Review Index Volume Xxxix 2004-2005
University Of Richmond Law Review Index Volume Xxxix 2004-2005
University of Richmond Law Review
No abstract provided.
The Irrational Supreme Court, Michael I. Meyerson
The Irrational Supreme Court, Michael I. Meyerson
ExpressO
Abstract: The Irrational Supreme Court
The pejorative “irrational” is used to describe many defects in legal reasoning, but is generally not meant to be understood as a literal lack of rational thinking. Similarly, the “rational basis test” is not meant to determine whether a legislature is “not endowed with reason or understanding,” but rather if it has acted with some hidden, invidious motive. Incredibly, though, the Supreme Court has frequently issued truly “irrational opinions,” simply due to the fundamental nature of group decision-making.
Much has been written about Nobel Prize winner Kenneth Arrow’s “Impossibility Theorem,” which proved that, when faced …
Book Review: Forensic Linguistics, Dru Stevenson
Book Review: Forensic Linguistics, Dru Stevenson
ExpressO
Review of John Gibbons' text "Forensic Linguistics"
Jury Trials In Japan, Robert M. Bloom
Jury Trials In Japan, Robert M. Bloom
ExpressO
The Japanese are seeking to involve their citizens in the judicial system. They are also establishing a check on the power of the judiciary. Towards these goals, they have enacted legislation to create jury trials. These remarkable ambitions envision adopting a mixed-jury system, slated to take effect in 2009. In this mixed-jury system, judges and citizens participate together in the jury deliberation.
This article first explores the differences between mixed-juries and the American jury system. It then suggests why the Japanese opted for a mixed-jury system. The article explores psychological theories surrounding collective judgment and how dominant individuals influence group …
No Constitutional Right To A Rubber Stamp, Richard J. Durbin
No Constitutional Right To A Rubber Stamp, Richard J. Durbin
University of Richmond Law Review
No abstract provided.
Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman
Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman
University of Richmond Law Review
No abstract provided.