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Articles 1 - 13 of 13
Full-Text Articles in Judges
Linnaean Taxonomy And Globalized Law, Ronald J. Krotoszynski Jr.
Linnaean Taxonomy And Globalized Law, Ronald J. Krotoszynski Jr.
Michigan Law Review
Review of The Court and the World: American Law and the New Global Realities by Stephen Breyer.
John C.H. Wu And His Comparative Law Pursuit, Xiaomeng Zhang
John C.H. Wu And His Comparative Law Pursuit, Xiaomeng Zhang
Law Librarian Scholarship
In this paper, I will focus on exploring Wu's accomplishments in comparative law from four different aspects. After a brief introduction to the historical and societal background of Wu' s life and research in Part II, I will examine his comparative law research and methodologies in Part III. In Part IV, I will elaborate his contributions to the development of Chinese legal education in the Republican China era at the Comparative Law School of China. I will then analyze how his jurisprudence was further reflected in his judicial rulings, which helped shape the contemporary Chinese judicial system in Part V. …
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Michigan Law Review
In this Article, I explore the question of why constitutional review, but not American judicial review, spread across Europe. I will also argue that, despite obvious organic differences between the American and European systems of review, there is an increasing convergence in how review actually operates. I proceed as follows. In Part I, I examine the debate on establishing judicial review in Europe, focusing on the French. In Parts II and III, I contrast the European and the American models of review, and briefly discuss why the Kelsenian constitutional court diffused across Europe. In Part IV, I argue that despite …
Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak
Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak
Michigan Law Review
While American scholars and judges generally assume that it is beneficial to insulate courts from politics, Jennifer Widner offers a contrasting perspective from another region of the world. In Building the Rule of Law: Francis Nyalali and the Road to Judicial Independence in Africa, Widner examines the role of courts and judicial review in democratization in Africa. She focuses on the role of one judge, a man who would see himself as embodying a role in Tanzania similar to that of Chief Justice John Marshall in the United States. Francis Nyalali, Chief Justice of the High Court of Tanzania, worked …
Judicial Education And Training In Asia And The Pacific, J. Clifford Wallace
Judicial Education And Training In Asia And The Pacific, J. Clifford Wallace
Michigan Journal of International Law
This article first explains the chart in Appendix II, which summarizes important parts of the survey responses. Then, some general observations are made based on the results of the survey illustrating the significance of the compiled data. Finally, some recommendations are made, based upon the author's and others' experience, about the future direction of judicial education and training programs as it relates to establishing or reforming such programs in the Asia/Pacific region and beyond.
Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar
Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar
Articles
I grieve for my country to say that the administration of the criminal law in all the states in the Union (there may be one or two exceptions) is a disgrace to our civilization.
Thoughts About Judging, Henry J. Friendly
Thoughts About Judging, Henry J. Friendly
Michigan Law Review
A Review of The Judge by Patrick Devlin
The Oracles Of The Law, John P. Dawson
The Oracles Of The Law, John P. Dawson
Books
Based on the lectures delivered at The University of Michigan March 12, 13, 16, 17, and 18, 1959, on The Thomas M. Cooley Lectureship, under the title "Judges: Oracles of the Law."
This study will examine the nature and extent of the contribution that case law has made to the legal systems of England, Rome, France, and Germany. The emphasis will be historical, but the object will be to show the lasting effects of historical experience on modern usage and attitudes.
Dawson: A History Of Lay Judges, Spencer L. Kimball
Dawson: A History Of Lay Judges, Spencer L. Kimball
Michigan Law Review
A Review of A History of Lay Judges . By John P. Dawson
The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe
The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe
Michigan Law Review
For nearly five centuries the distinctive figure in the preliminary stages of European criminal proceedings has been the investigating magistrate, known in France as the juge d'instruction. Although temporarily eclipsed by the revolutionary reforms in France in 1791, he was soon re-established. In other European countries the juge d'instruction continued to be the central figure in the preliminary procedure through all the reforms achieved by the liberal movements of the nineteenth century. The investigating magistrate has remained a purely Continental institution. In theory and in practice he embodies the essential difference between Continental and Anglo-American criminal procedure preliminary to trial.
Judges In The Executive Council Of Upper Canada, William Renwick Riddell
Judges In The Executive Council Of Upper Canada, William Renwick Riddell
Michigan Law Review
When in December, 1791, Upper Canada began her separate provincial career, her first Lieutenant-Governor, Colonel John Graves Simcoe, said that the Constitution of the Province was "the very image and transcript of that of Great Britain."'
Judges In The British Cabinet And The Struggle Which Led To Their Exclusion After 1806, Arthur Lyon Cross
Judges In The British Cabinet And The Struggle Which Led To Their Exclusion After 1806, Arthur Lyon Cross
Michigan Law Review
Among the anomalies in the queer and devious course of Eng- £ lish constitutional progress few have been more striking than the number of reforms which have been due to the Conservatives.. One of no little significance was brought about during that period of political stagnation-the era of the French Revolution and the Napoleonic Wars. This was the exclusion of judges from the Cabinet, as the result of a political struggle in which the forces of opposition, though temporarily defeated, formulated a policy which was destined henceforth to prevail.
The Judicial System Of The German Empire, Richard Hudson
The Judicial System Of The German Empire, Richard Hudson
Michigan Law Review
In the German Empire the administration of justice is for the most part left to the states, all the courts being state courts with the exception of the Imperial Court at Leipzig. The Empire has however established unity of tlie law, has given a uniform organization and procedure to the courts of the states, and has by the creation of the Reichsgericht as the highest court of appeal ensured a uniform interpretation of the law. These three methods of securing a uniform administration of justice will be studid in the order named.