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Articles 61 - 84 of 84
Full-Text Articles in Judges
Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey
Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey
Michigan Law Review
A Review of The Judicial Decision- Toward A Theory of Legal Justification By Richard A. Wasserstrom.
Mr. Justice Cardozo, William O. Douglas
Mr. Justice Cardozo, William O. Douglas
Michigan Law Review
I never knew Cardozo intimately. I read most of his opinions and all of his books; and I heard him lecture. My personal association with him, however, was limited. When he came to Washington, D. C., he lived in rather lonely isolation. I visited with him occasionally in his apartment where we talked about trivial, as well as philosophical, things. He was a gentle-almost self-effacing-man. Yet he had a mind with as keen a cutting edge as any I ever knew.
Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed.
Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed.
Michigan Law Review
During its forty-five year life the Federal Trade Commission has gone through some difficult periods to emerge today as one of the fundamental instrumentalities of government in the regulation of business. Its vast powers and influence, well known to lawyers, will not be explored here. Rather, the purpose of this comment is to appraise the extent of control which the judiciary now exercises over the commission in its adjudicative functions, so as to offer some indication to the practitioner of the probabilities regarding the outcome of judicial review on an appeal beyond the full commission. The approach to be used …
Judge And The Crime Burden, John Barker Waite
Judge And The Crime Burden, John Barker Waite
Michigan Law Review
One does not happily charge the judiciary with responsibility for the country's burden of crime, but the responsibility does in fact exist. Judges, though they may not encourage crime, interfere with its prevention in various ways. They deliberately restrict police efficiency in the discovery of criminals. They exempt from punishment many criminals who are discovered and whose guilt is evident. More seriously still, they so warp and alter the public's attitude toward crime and criminals as gravely to weaken the country's most effective crime preventive.
Justice Jackson And The Judicial Function, Paul A. Weidner
Justice Jackson And The Judicial Function, Paul A. Weidner
Michigan Law Review
Much of the pattern of division in the present Supreme Court is traceable to basic differences of opinion regarding the proper role of a judge in the process of constitutional adjudication. Some students of the Court, yielding to the current fashion of reducing even intricate problems to capsule terms, have tried to explain the controversy by classifying the justices as either "liberals" or "conservatives." A second school poses the disagreement largely in terms of judicial "activism" as opposed to judicial "restraint." It is this view that has the greater relevance for the present discussion. C.H. Pritchett, one of the leading …
Justice Murphy And The Welfare Question, Leo Weiss
Justice Murphy And The Welfare Question, Leo Weiss
Michigan Law Review
In 1941, an Italian law professor arrived in the United States to make his home here. Born in Russia during Czarist days, he was educated in Austria, England, and Italy, finally settling there and becoming a citizen. A member of the Italian bar and teacher of law at the Universities of Florence and Rome, he found himself in 1939 unwanted in his adopted homeland. He went to France, where he practiced law until coming to this country. In New York City he joined the Graduate Faculty of the New School for Social Research, remaining in that post for five years, …
In Suport Of The Thayer Theory Of Presumptions, Charles V. Laughlin
In Suport Of The Thayer Theory Of Presumptions, Charles V. Laughlin
Michigan Law Review
A learned judge once said to a young lawyer, "If you are ever a trial court judge, never give reasons for your decisions. Your rulings will probably be right, but your reasons will likely be wrong." That statement may aptly apply to judicial pronouncements relating to the subject of presumptions. Decisions are largely free from criticism so far as concerns the results reached, but the reasoning processes by which they are reached appear to be in hopeless confusion. It is believed that a theory can be presented which will both reconcile these confusions of judicial techniques and explain the general …
King: Melville Weston Fuller, Chief Justice Of The United States 1888-1910., Louis P. Haller
King: Melville Weston Fuller, Chief Justice Of The United States 1888-1910., Louis P. Haller
Michigan Law Review
A Review of MELVILLE WESTON FULLER, CHIEF JUSTICE OF THE UNITED STATES 1888-1910. By Willard L. King.
Freund: On Understanding The Supreme Court., Michigan Law Review
Freund: On Understanding The Supreme Court., Michigan Law Review
Michigan Law Review
A Review of ON UNDERSTANDING THE SUPREME COURT. By Paul A. Freund.
Mr. Justice Murphy, Hugo L. Black
Mr. Justice Murphy, Hugo L. Black
Michigan Law Review
Frank Murphy's extensive public service is discussed by others in this issue. I write of him as an associate, and as a friend. Our friendship began when we first met in 1936, and grew stronger with the years. No one associated with him could fail to be attracted by his human warmth and his passion for justice.
Mr. Justice Murphy, Ira W. Jayne
Mr. Justice Murphy, Ira W. Jayne
Michigan Law Review
When Justice Frank Murphy took his seat on the bench of the Supreme Court of the United States, I was asked to make a public statement about the appointment.
Mr. Justice Murphy -A Note Of Appreciation, John H. Pickering, Eugene Gressman, T. L. Tolan Jr.
Mr. Justice Murphy -A Note Of Appreciation, John H. Pickering, Eugene Gressman, T. L. Tolan Jr.
Michigan Law Review
Justice Murphy would have observed his tenth anniversary on the Supreme Court on February 5, 1950. Just as some of us who were privileged to serve as his law clerks were beginning to think of plans to honor him on that occasion, the news of his death came to stun us. So instead we pay homage to his memory by relating some of the manifold aspects of the character of this most noble man.
Mr. Justice Murphy, Fred M. Vinson
Mr. Justice Murphy, Fred M. Vinson
Michigan Law Review
I count it a rare privilege to have known Frank Murphy. Gentle, kindly, and amiable of temperament, yet he had a strength of character and tenacity of purpose that enabled him to uphold the right, as God gave him to see the right, no matter what the pressures and constraints. His untimely death deeply touched the hearts of all who knew him, while the poor, the underprivileged, the accused, and minorities of many different shades of belief mourned the passing of one who had been their protagonist.
Frank: Mr. Justice Black: The Man And His Opinions, Michigan Law Review
Frank: Mr. Justice Black: The Man And His Opinions, Michigan Law Review
Michigan Law Review
A Review of MR. JUSTICE BLACK: THE MAN AND HIS OPINIONS By John P. Frank.
Mr. Justice William Johnson, Creative Dissenter, A. J. Levin
Mr. Justice William Johnson, Creative Dissenter, A. J. Levin
Michigan Law Review
Until the advent of Justice Oliver Wendell Holmes, the masterful and magnetic figure of Chief Justice John Marshall well-nigh overshadowed the whole field of constitutional jurisprudence. That Marshall made inestimable additions to our ideas of cooperative living at the very beginning of our democracy, and that his repute was well deserved, cannot be gainsaid. But one has good cause to wonder why the name of so distinguished a colleague as William Johnson, who sat on the same bench with Marshal for almost thirty years during that formative period, should have been almost completely obscured all these years. Rare, indeed, is …
Valedictory Opinions Of Mr. Justice Holmes, Edward Dumbauld
Valedictory Opinions Of Mr. Justice Holmes, Edward Dumbauld
Michigan Law Review
Mr. Justice Holmes was ninety on March 8, 1931. That anniversary brought him a "shower of birthday congratulations and tributes in writing and print," which included thoughtful appraisals of his work up to then as scholar and judge. But that work was not yet done. There remained "a little finishing canter before coming to a standstill." The aging justice was to participate in the work of two more terms of court before his retirement on January 12, 1932. In Holmes's quiver, waiting to be "fired off," were a dozen opinions which now grace the pages of volume 283 of the …
Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin
Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin
Michigan Law Review
A policy of judicial avoidance, otherwise referred to as "judicial restraint," has clearly been the dominant trend in the United States Supreme Court since Mr. Justice Holmes began to sit upon that bench at the beginning of this century. There has been an inclination to explain this change as revealing a tendency of the Court to follow a policy of laissez-faire toward the legislative and executive departments, and to stop at this formalistic explanation of this important aspect of the judicial function. The Court's increasing awareness of its own lack of technical competence in dealing with the many complex governmental …
Mr. Justice Cardozo And Problems Of Government, Dean G. Acheson
Mr. Justice Cardozo And Problems Of Government, Dean G. Acheson
Michigan Law Review
The sorrow with which the entire nation learned of the death of Mr. Justice Cardozo bears witness to the sense of loss felt by the great body of his fellow citizens. Few of the people who mourn him had personal opportunity to know the high qualities of his mind or his saintly character. Yet they truly feel that between him and the thought and spirit of his time there was fundamental sympathy and understanding. In a real sense the cast of his thinking was the product of his age. This awareness of his time was coupled in him with sensitiveness …
Has The Constitution Gone?, John A. Fairlie
Has The Constitution Gone?, John A. Fairlie
Michigan Law Review
As far back as 1828, Chief Justice Marshall is quoted as saying: "Should Jackson be elected, I shall look upon the government as virtually dissolved." A few years later, when Taney was appointed Chief Justice by Jackson, Daniel Webster wrote: "Judge Story thinks the Supreme Court is gone, and I think so too." Soon afterwards, when the newly constituted Court rendered decisions upholding statutes from which Story dissented, the latter wrote to Judge McLean: "There will not, I fear, ever in our day, be any case in which a law of a State or of Congress will be declared …
Tenure Of Office Under The Constitution, Everett S. Brown
Tenure Of Office Under The Constitution, Everett S. Brown
Michigan Law Review
A review of TENURE OF OFFICE UNDER THE CONSTITUTION By James Hart.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
No abstract provided.
Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman
Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman
Michigan Law Review
For those who love precision and definiteness the question of the application of the Fourteenth Amendment to social and economic problems remains an irritating enigma. The judicial construction of due process of law and the equal protection of the law has from the first discouraged systematic analysis and defied synthesis. More than one writer has emerged from the study of the problem with a neat and compact set of fundamental principles, only to have the Supreme Court discourteously ignore them in its next case. But paradoxical as it may seem, those who long for a wise and forward-looking solution of …
A Historic Judicial Controversy And Some Reflections Suggested By It., S. S. Gregory
A Historic Judicial Controversy And Some Reflections Suggested By It., S. S. Gregory
Michigan Law Review
Probably most well informed persons of the present generation associate the notion, once maintained, that a state might secede or nullify an act of Congress, with the South and its earlier statesmen. And it is time that the resolutions drawn substantially by Jefferson and adopted by the Legislature of Kentucky in 1798, and similar resolutions drafted by Madison and adopted by the General Assembly of Virginia in the same year, together with some similar and more explicit declarations by the Legislature of the former state in 1799, seem to furnish some warrant for this impression. Yet it seems to be …
Judicial Criticism Of Legislation By Courts, Charles G. Haines
Judicial Criticism Of Legislation By Courts, Charles G. Haines
Michigan Law Review
In the application of the doctrine of judicial review of legislative acts, the federal courts of the United States have not infrequently been criticised for usurping part of the functions of the legislature. The criticisms have increased to such an extent as to raise an issue of national significance. Recently, charges against the judiciary for the usurpation of legislative functions have been made rather frequently by the justices of our federal Supreme Comt. The late Associate Justice Harlan, dissenting in part from the reasoning of the majority of the court in the Standard Oil case, brought such a criticism against …