Judges Commons^™

Regulating Judicial Misconduct And Divining "Good Behavior" For Federal Judges, Harry T. Edwards

Michigan Law Review

In recent years, we have witnessed an unprecedented number of instances in which federal judges have been accused of criminal behavior and other serious acts of misconduct. This raises major concerns regarding the scope and enforcement of canons of conduct for members of the judicial branch. It would be presumptuous for anyone to suggest a complete understanding of the notion of "good behavior" for federal judges, or to claim a fully satisfactory prescription for the problem of "judicial misconduct." That is not my object. In reflecting on these issues, however, I have come to realize that I may not share …

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.

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 …

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

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 …

Wade H. Mccree, Jr., Sara Sun Beale

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

Wade H. Mccree, Jr.: Born To Be A Judge, Pierce Lively

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

The Quintessential Public Servant, Otis M. Smith

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

Wade Mccree's Michigan Legacy, G. Mennen Williams

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

Safeguarding The Litigant's Constitutional Right To A Fair And Impartial Forum: A Due Process Approach To Improprieties Arising From Judicial Campaign Contributions From Lawyers, Mark Andrew Grannis

Michigan Law Review

This Note will argue that the improprieties arising from some campaign contributions are so egregious that they offend the due process clause of the fourteenth amendment. Consequently, states must either reform judicial campaigns to eliminate such improprieties, or, through mandatory judicial recusal or disqualification, respect the absolute constitutional right to an impartial forum. Part I of this Note will examine the history of disqualification at common law and in American practice, focusing on the extent to which it has been held to be a requirement of due process. Part II will argue that under the applicable due process standards, a …

Wade H. Mccree, Jr.: A Compassionate And Great Judge, Horace W. Gilmore

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

A Tribute To Wade Mccree, Allan F. Smith

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

In Defense Of The Constitution's Judicial Impeachment Standard, Melissa H. Maxman

Michigan Law Review

This Note explores the traditional interpretation of the Constitution's impeachment provisions in light of the demands of Judges Claiborne's, Nixon's, and Hastings' cases. Part I describes the signals indicating analytical shortcomings, and thus the need for reexamination of the provisions as currently construed. It shows that the troubling results of the recent standard allowing criminal prosecution before impeachment are apparent to both the courts and the Congress. Part II analyzes the meaning and purpose of the constitutional language, and the recent policy challenges to it. This part shows that, in fact, the impeachment provisions were carefully chosen by the Constitution's …

Judge Picking, Abner J. Mikva

Michigan Law Review

A Review of God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History by Laurence H. Tribe

Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy

Michigan Law Review

A Review of Justices and Presidents: A Political History of Appointments to the Supreme Court (2d edition) by Henry J. Abraham

Statesman Of The Old Republic, Craig Joyce

Michigan Law Review

A Review of Supreme Court Justice Joseph Story: Statesman of the Old Republic by R. Kent Newmyer

The Iconoclast As Reformer: Jerome Frank's Impact On American Law, Matthew W. Frank

Michigan Law Review

A Review of The Iconoclast as Reformer: Jerome Frank's Impact on American Law by Robert Jerome Glennon

A "Capacity For Outrage": The Judicial Odyssey Of J. Skelly Wright And On Courts And Democracy: Selected Nonjudicial Writings Of J. Skelly Wright, Alan M. Koschik

Michigan Law Review

A Review of A "Capacity for Outrage": The Judicial Odyssey of J. Skelly Wright by Arthur Selwyn Miller and A Review of On Courts and Democracy: Selected Nonjudicial Writings of J. Skelly Wright edited by Arthur Selwyn Miller

Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review

Michigan Law Review

A Review of Toward Increased Judicial Activism: The Political Role of the Supreme Court by Arthur Selwyn Miller

Brandeis, Michigan Law Review

Michigan Law Review

A Review of Brandeis by Lewis J. Paper

Is The Burger Court Really Like The Warren Court?, Paul Bender

Michigan Law Review

A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi

Does Doctrine Matter?, Frederick Schauer

Michigan Law Review

A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi

The Judicial Opinion And The Poem: Ways Of Reading, Ways Of Life, James Boyd White

Michigan Law Review

This paper is an essay in what I want to call the poetics of the law. I begin with a largely autobiographical account of what seems to me a striking similarity in the ways in which poetry and law once were taught - and to some degree still are taught, though perhaps less comfortably so. My first object is to suggest some connections: between these two kinds of thought and expression; between the ways in which we are habituated to read texts of each sort; and between the dilemmas that confront readers and critics in each field. In doing these …

Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum

Michigan Law Review

What is to be learned from this review of the various analyses offered in dissenting tax opinions over the past five terms of the Supreme Court? When the Court has decisively interpreted narrow or technical language in the statute, dissenters all too often indulge in lengthy analyses that can only serve to create further confusion. Only when the Court focuses on a judicially made rule or an issue with constitutional implications is a broader dissent appropriate. If dissenters generally adhered to the guidelines set forth at the outset of this Article the tax world would, I believe, be at least …

Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller

Michigan Law Review

A Review of The Passive Judiciary by Abraham S. Goldstein

The Politics Of Judicial Reform, Michigan Law Review

Michigan Law Review

A Review of The Politics of Judicial Reform edited by Philip L. Dubois

American Court Management: Theories And Practices, Michigan Law Review

Michigan Law Review

A Review of American Court Management: Theories and Practices by David J. Saari

Judicial Reform: Setting The Prairies Afire, Monroe G. Mckay

Michigan Law Review

A Review of A Blueprint for Judicial Reform edited by Patrick B. McGuigan and Randall R. Rader

Of Standards For Extra-Judicial Behavior, Russell R. Wheeler

Michigan Law Review

A Review of The Brandeis/Frankfurter Connection: The Secret Political Activities of Two Supreme Court Justices by Bruce Allen Murphy

Louis D. Brandeis And The Progressive Tradition, Michigan Law Review

Michigan Law Review

A Review of Louis D. Brandeis and the Progressive Tradition by Melvin I. Urofsky