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Articles 1 - 28 of 28
Full-Text Articles in Judges
Practical Legal Studies And Critical Legal Studies, Jay M. Feinman
Practical Legal Studies And Critical Legal Studies, Jay M. Feinman
Michigan Law Review
The basic questions that Practical Legal Studies confronts are how judges decide cases and how judges should decide cases. The traditional analytic response to these questions has been that judges apply formal methods of legal reasoning, and the formal methods sufficiently comport with the courts' role in the political structure to provide legitimacy. That response has been untenable for a generation or more; thus PLS has moved to informal legal reasoning as a description of adjudication and as a source of legitimacy.
Posner presents a two-part response to the questions. First, judges can relatively easily arrive at the correct decision …
Judge Posner's Jurisprudence Of Skepticism, Steven J. Burton
Judge Posner's Jurisprudence Of Skepticism, Steven J. Burton
Michigan Law Review
This essay suggests that there is an instructive incompleteness in Judge Posner's transition from scientific observer to legal actor. His legal skepticism should be understood as a legacy of his days as an inquiring economist, observing and forming beliefs about law and the judicial process from the academy. His affirmation of judicial practices stems from his new respect for practical reason, which seems to result from the experience of performing judicial duties. This essay will argue that a more complete assimilation of the practical perspective of the legal actor would undercut Judge Posner's arguments for legal skepticism.
One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.
One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.
North Carolina Central Law Review
No abstract provided.
The Judge Who Could Not Tell His Right From His Left And Other Tales Of Learning Disabilities, Jeffry Gallet
The Judge Who Could Not Tell His Right From His Left And Other Tales Of Learning Disabilities, Jeffry Gallet
Buffalo Law Review
No abstract provided.
Lord Mansfield And Negotiable Instruments, Jane D. Samson
Lord Mansfield And Negotiable Instruments, Jane D. Samson
Dalhousie Law Journal
In any system of judge-made law the longevity, education and character of a judge have enhanced significance. The idea of a judge personifies Justice, blinded and impartial, but the law he creates will inevitably be infused with his personality. Where an individual develops an entire system of law, his contribution to legal history can be overwhelming. Lord Mansfield remains a case in point.
Judicial Discipline And Due Process In Washington State—In Re Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987), Stephen Hobbs
Judicial Discipline And Due Process In Washington State—In Re Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987), Stephen Hobbs
Washington Law Review
This Note evaluates recent developments in Washington State concerning due process rights in judicial disciplinary proceedings. The focus is on In re Deming, a recent disciplinary case decided by the Washington Supreme Court. The analysis by the court in Deming highlights the conflict between the desire to discipline wayward judges and the need to protect the autonomy of the judiciary. The historical and procedural background of the Deming case is discussed first, and then three important procedural issues raised in the opinion are analyzed. The Note concludes that, although the court's broad due process holdings lack foundation, its specific …
Judicial Discipline And Due Process In Washington State—In Re Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987), Stephen Hobbs
Judicial Discipline And Due Process In Washington State—In Re Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987), Stephen Hobbs
Washington Law Review
This Note evaluates recent developments in Washington State concerning due process rights in judicial disciplinary proceedings. The focus is on In re Deming, a recent disciplinary case decided by the Washington Supreme Court. The analysis by the court in Deming highlights the conflict between the desire to discipline wayward judges and the need to protect the autonomy of the judiciary. The historical and procedural background of the Deming case is discussed first, and then three important procedural issues raised in the opinion are analyzed. The Note concludes that, although the court's broad due process holdings lack foundation, its specific procedural …
Justice And Judges, Joseph L. Daly
Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis
Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis
Michigan Law Review
A Review of In the Best Interests of the Child by Joseph Goldstein, Anna Freud, Albert J. Solnit, and Sonja Goldstein
Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney
Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney
Washington Law Review
By 1880 Congress had passed nearly 3000 statutes granting or regulating parts of the public domain. Administrative and judicial case loads increased correspondingly, as many thousands of claims had to be verified and recorded and growing numbers of disputes adjudicated. This article recalls an early far-west chapter of the story, a remarkable series of decisions by Oregon federal district Judge Matthew P. Deady interpreting the cornerstone of Pacific Northwest public land law, the 1850 Oregon Donation Act. Although Deady decided other public land law questions as well, it is his Donation Act decisions helping to determine ownership of the Portland …
Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney
Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney
Washington Law Review
By 1880 Congress had passed nearly 3000 statutes granting or regulating parts of the public domain. Administrative and judicial case loads increased correspondingly, as many thousands of claims had to be verified and recorded and growing numbers of disputes adjudicated. This article recalls an early far-west chapter of the story, a remarkable series of decisions by Oregon federal district Judge Matthew P. Deady interpreting the cornerstone of Pacific Northwest public land law, the 1850 Oregon Donation Act. Although Deady decided other public land law questions as well, it is his Donation Act decisions helping to determine ownership of the Portland …
The Jurisprudence Of Skepticism, Richard A. Posner
The Jurisprudence Of Skepticism, Richard A. Posner
Michigan Law Review
The skeptical vein in American thinking about law runs from Holmes to the legal realists to the critical legal studies movement, while behind Holmes stretches a European skeptical legal tradition that runs from Thrasymachus (in Plato's Republic) to Hobbes and Bentham and beyond. Against the skeptics can be arrayed a vast number of natural lawyers, legal conventionalists, and formalists, including Cicero, Coke, Blackstone, and Langdell, not to mention the majority of contemporary lawyers, judges, and law professors. This article will set forth and defend a moderately skeptical approach to law and judging, one not so far-reaching as that of …
Judicial Discipline And Impeachment, John H. Garvey
Judicial Discipline And Impeachment, John H. Garvey
Kentucky Law Journal
No abstract provided.
Foreword, Allen Hartman Honorable
Foreword, Allen Hartman Honorable
Loyola University Chicago Law Journal
No abstract provided.
The Surrogate Responds: The Need For Reform In Adoption Proceedings, C. Raymond Radigan
The Surrogate Responds: The Need For Reform In Adoption Proceedings, C. Raymond Radigan
Touro Law Review
No abstract provided.
Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich
Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich
Touro Law Review
No abstract provided.
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Touro Law Review
No abstract provided.
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Books Received
CONTRACT LAW IN THE U.S.S.R. AND THE UNITED STATES, VOL. I: HISTORY AND GENERAL CONCEPT
By E. Allan Farnsworth and Viktor P. Mozolin
Washington, D.C.: International Law Institute, 1987. Pp.xiii, 340. $35.00
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FOREIGN RELATIONS AND NATIONAL SECURITY LAW: CASES, MATERIALS AND SIMULATIONS
By Thomas M. Franck and Michael J. Glennon
St. Paul, Minnesota: West Publishing Company, 1987. Pp.lxiv, 941
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THE GRAND STRATEGY OF THE UNITED STATES IN LATIN AMERICA
By Tom J. Farer
New Brunswick, New Jersey: Transaction Books, 1988. Pp. xxxii, 294
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JUDGES
By David Pannick
New York: Oxford University Press,1987. Pp. vii, 255. …
Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby
Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby
UIC Law Review
No abstract provided.
Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio
Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio
Touro Law Review
No abstract provided.
Addendum: Civil Rights In Jeopardy, Eileen R. Kaufman, Martin A. Schwartz
Addendum: Civil Rights In Jeopardy, Eileen R. Kaufman, Martin A. Schwartz
Touro Law Review
No abstract provided.
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Touro Law Review
No abstract provided.
Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association
Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association
Touro Law Review
No abstract provided.
The Future Of Summary Jury Trials In Federal Courts: Strandell V. Jackson County, 21 J. Marshall L. Rev. 455 (1988), Gerald L. Maatman Jr.
The Future Of Summary Jury Trials In Federal Courts: Strandell V. Jackson County, 21 J. Marshall L. Rev. 455 (1988), Gerald L. Maatman Jr.
UIC Law Review
No abstract provided.
Alternative Career Resolution: An Essay On The Removal Of Federal Judges, Stephen B. Burbank
Alternative Career Resolution: An Essay On The Removal Of Federal Judges, Stephen B. Burbank
Kentucky Law Journal
No abstract provided.
Comments On Professor Burbank's Essay, Bradley C. Canon
Comments On Professor Burbank's Essay, Bradley C. Canon
Kentucky Law Journal
No abstract provided.
Judicial Misconduct: A View From The Department Of Justice*, Reid H. Weingarten
Judicial Misconduct: A View From The Department Of Justice*, Reid H. Weingarten
Kentucky Law Journal
No abstract provided.
State Judicial Conduct Organizations, Jeffrey M. Shaman
State Judicial Conduct Organizations, Jeffrey M. Shaman
Kentucky Law Journal
No abstract provided.