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Legislative Restraint In The Confirmation Process, Kenneth W. Starr Mar 2004

Legislative Restraint In The Confirmation Process, Kenneth W. Starr

University of Richmond Law Review

No abstract provided.


The Three Independences, H. Jefferson Powell Mar 2004

The Three Independences, H. Jefferson Powell

University of Richmond Law Review

No abstract provided.


Dedication, Jaime L. Henshaw Mar 2004

Dedication, Jaime L. Henshaw

University of Richmond Law Review

No abstract provided.


Preserving The Legacy: A Tribute To Chief Justice Harry L. Carrico, One Who Exalted Judicial Independence, Penny J. White Mar 2004

Preserving The Legacy: A Tribute To Chief Justice Harry L. Carrico, One Who Exalted Judicial Independence, Penny J. White

University of Richmond Law Review

No abstract provided.


A Call To Arms: The Need To Protect The Independence Of The Judiciary, Harry L. Carrico Mar 2004

A Call To Arms: The Need To Protect The Independence Of The Judiciary, Harry L. Carrico

University of Richmond Law Review

No abstract provided.


Judicial Independence, William H. Rehnquist Mar 2004

Judicial Independence, William H. Rehnquist

University of Richmond Law Review

No abstract provided.


Preface, Jaime L. Henshaw Mar 2004

Preface, Jaime L. Henshaw

University of Richmond Law Review

No abstract provided.


Judicial Independence And The Scope Of Article Iii--A View From The Federalist, Michael G. Collins Mar 2004

Judicial Independence And The Scope Of Article Iii--A View From The Federalist, Michael G. Collins

University of Richmond Law Review

No abstract provided.


Judicial Independence In Virginia, W. Hamilton Bryson Jan 2004

Judicial Independence In Virginia, W. Hamilton Bryson

University of Richmond Law Review

No abstract provided.


Change And Continuity On The Supreme Court: Conversations With Justice Harry A. Blackmun, Philippa Strum Jan 2000

Change And Continuity On The Supreme Court: Conversations With Justice Harry A. Blackmun, Philippa Strum

University of Richmond Law Review

Justice Harry A. Blackmun used to enjoy telling a story about Supreme Court conferences during the Court's 1970 term, his first on the Court. Warren Burger was ChiefJustice; Hugo Black was the most senior Justice. Court protocol, of course, is that the Chief Justice begins the discussion of each case, the most senior Justice speaks second, and the floor goes in turn to each of the other Justices according to descending seniority. Chief Justice Burger would present a case by laying out the issues involved as he saw them and the decision he believed the Court should reach. Then he …


Justice And Mrs. Lewis F. Powell Jr.: A Son's Perspective, Lewis F. Powell Iii Jan 1999

Justice And Mrs. Lewis F. Powell Jr.: A Son's Perspective, Lewis F. Powell Iii

University of Richmond Law Review

I was very pleased to be asked to submit a Foreword for this dedicatory issue. I was nonetheless concerned that I could hardly be deemed an objective observer. Moreover, I am not qualified to critique my father's tenure on the Supreme Court. Nor can I offer any useful or interesting insight on his long years practicing law in Richmond. So, at first I resisted the Law Review's generous invitation.


Austin Owen Lecture: Difficulties, Dangers & Challenges Facing The Judiciary Today, Robert E. Payne Jan 1998

Austin Owen Lecture: Difficulties, Dangers & Challenges Facing The Judiciary Today, Robert E. Payne

University of Richmond Law Review

Judge Payne presented this address at The Sixth Annual Austin Owen Lecture on November 18, 1997. The Honorable Austin E. Owen attended Richmond College from 1946-47 and received his law degree from The T.C. Williams School of Law in 1950. During his distinguished career, Judge Owen served as an Assistant U.S. Attorney for the Eastern District of Virginia; a partner in Owen, Gray, Rhodes, Betz, Smith and Dickerson; and was appointed Judge of the Second Judicial Circuit of Virginia where he served until his retirement in 1990. The Law School community grieved the loss of this distinguished alumnus upon his …


Interview: The Federal Courts: Observations From Thirty Years On The Bench, Robert R. Merhige Jr., J. Christopher Lemons Jan 1998

Interview: The Federal Courts: Observations From Thirty Years On The Bench, Robert R. Merhige Jr., J. Christopher Lemons

University of Richmond Law Review

This is an interview of Judge Robert R. Merhige, Jr of the Eastern District of Virginia.


An Unsuccessful Attempt To Restore Justice George Sutherland's Tarnished Reputation: A Review Essay, Gary C. Leedes Jan 1996

An Unsuccessful Attempt To Restore Justice George Sutherland's Tarnished Reputation: A Review Essay, Gary C. Leedes

University of Richmond Law Review

Justice George Sutherland (1862-1942) is the subject and hero of Professor Hadley Arkes's laudatory new biography. Arkes portrays Sutherland as a judge "who had found the ground of [his] jurisprudence in 'natural rights." Although history has not treated the Justice kindly, Arkes attempts to reverse history's verdict.


Standards Of Judicial Review In The Virginia Administrative Process Act, Mary Renae Carter Jan 1996

Standards Of Judicial Review In The Virginia Administrative Process Act, Mary Renae Carter

University of Richmond Law Review

Section 9-6.14:17 of the Virginia Administrative Process Act sets forth two standards by which courts may review the validity of a state agency's decisions. In formal rulemaking and adjudicatory proceedings, the statute requires an agency to keep a record of all evidence it receives and to make decisions based on this record. Upon review, a court will look to see if there is "substantial evidence" in the record to support the agency's findings of fact. In informal rulemaking and adjudicatory proceedings, the statute does not require an agency to keep an evidentiary record. If the agency has not voluntarily made …


Diversifying The Judiciary: The Influence Of Gender And Race Of Judging, Susan Moloney Smith Jan 1994

Diversifying The Judiciary: The Influence Of Gender And Race Of Judging, Susan Moloney Smith

University of Richmond Law Review

In 1978, political scientist Beverly Blair Cook wrote Women Judges: The End of Tokenism for a publication of the National Center for State Courts. She observed that the "national proportion of women judges has matched the national proportion of women lawyers on a time lag basis." She compared the number of women law graduates with the number of women judges, finding that in the 1960s, women composed 1-2% of the legal profession and accounted for 1-2% ofjudges. With women repre- senting 4% of all law graduates in the 1960s, the number of women judges increased to 4% in the 1970s. …


Liteky V. United States: The Supreme Court Restricts The Disqualification Of Biased Federal Judges Under Section 455(A), Lori M. Mcpherson Jan 1994

Liteky V. United States: The Supreme Court Restricts The Disqualification Of Biased Federal Judges Under Section 455(A), Lori M. Mcpherson

University of Richmond Law Review

One of the basic tenets of our judicial system is the right of litigants to have a neutral and impartial judge preside over their case. Over the last two hundred years, American legislatures and courts have sought to "secure the impartiality of trial judges by requiring judges to disqualify themselves in various circumstances." The latest Supreme Court case to consider the issue of judicial disqualification was Liteky v. United States.


A Typology Of Transjudicial Communication, Anne-Marie Slaughter Jan 1994

A Typology Of Transjudicial Communication, Anne-Marie Slaughter

University of Richmond Law Review

Courts are talking to one another all over the world. Mary Ann Glendon describes a "brisk international traffic in ideas about rights," conducted by judges. "In Europe generally," she adds, "and in Australia, Canada, and New Zealand, national law is increasingly caught up in a process of cross-fertilization among legal systems."


Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer Jan 1992

Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer

University of Richmond Law Review

How is an administrative law judge ("ALJ") to know his role in the modern bureaucracy? On the one hand, the law requires the ALJ to adjudicate legal disputes between the government agency and the individual, and on the other hand, a black-robed member of the judicial branch in- structs him that he is out of his jurisdiction. Who wins in this decades-long battle for turf?


The Failure Of Felix Frankfurter, Melvin I. Urofsky Jan 1991

The Failure Of Felix Frankfurter, Melvin I. Urofsky

University of Richmond Law Review

There is, unfortunately, no way one can predict whether a person appointed to the Supreme Court will be a great justice or a mediocre one. The nomination of John Marshall, for example, evoked numerous complaints about his lack of ability. The Philadelphia Aurora characterized him as "more distinguished as a rhetorician and sophist than as a lawyer and statesman," and the Senate, in fact, delayed its confirmation vote for a week hoping President John Adams would change his mind. When Woodrow Wilson appointed Louis D. Brandeis to the Court in 1916, pillars of the bar crowded into the Senate judiciary …


Of Laws, Men, And Judges, D. Dortch Warriner Jan 1986

Of Laws, Men, And Judges, D. Dortch Warriner

University of Richmond Law Review

This essay was originally delivered by Judge Warriner as a speech on March 19, 1985, at the T.C. Williams School of Law, University of Richmond. Copyright 1985 by D. Dortch Warriner, all rights reserved.


A Tribute To D. Dortch Warriner, Theodore J. Burr Jr. Jan 1986

A Tribute To D. Dortch Warriner, Theodore J. Burr Jr.

University of Richmond Law Review

I first met David Dortch Warriner in the spring of 1976 when I called him at his Emporia, Virginia office to see if he had a position available in his law firm for a lawyer just out of law school. Although I had not met him prior to my call, I knew a little of him because he was a district chairman in the Republican Party of Virginia at the time.


A Tribute To D. Dortch Warriner, Robert R. Merhige Jr. Jan 1986

A Tribute To D. Dortch Warriner, Robert R. Merhige Jr.

University of Richmond Law Review

On May 31, 1974, D. Dortch Warriner, an attorney from Emporia, Virginia, took the oath of office as a United States District Judge for the Eastern District of Virginia. That solemn and auspicious occasion, which took place before the bench of the Circuit Court of Brunswick County, Virginia, was the genesis of twelve exciting and contributing years not only for Judge Warriner but for those of us, like myself, who came to know, admire, respect and love him.


The Virginia Judicial Council's Intermediate Appellate Court Proposal, Martha B. Brissette Jan 1981

The Virginia Judicial Council's Intermediate Appellate Court Proposal, Martha B. Brissette

University of Richmond Law Review

The ever-expanding volume of appellate litigation in Virginia has engendered a crisis in appellate justice in this state which can be adequately addressed only by the creation of an intermediate appellate court. Not only is Virginia the most populous state without such an intermediate court, its highest court also has the largest caseload of any single state appellate court.


Judge Robert R. Merhige, Jr. - Strict Constructionist Weathers The Storm, Paul K. Campsen, P. Christopher Guedri, Jennings G. Ritter Ii, Edward H. Starr Jr. Jan 1978

Judge Robert R. Merhige, Jr. - Strict Constructionist Weathers The Storm, Paul K. Campsen, P. Christopher Guedri, Jennings G. Ritter Ii, Edward H. Starr Jr.

University of Richmond Law Review

On August 27, 1967, Robert R. Merhige, Jr., was commissioned as a United States District Court Judge for the Eastern District of Virginia, the embarkment upon what many members of the legal community have labeled a controversial judicial career. However, examination of Judge Merhige's numerous decisions reveals that his image as a disputatius public figure has been more than a function of his flare for vehemently enforcing pronouncements and policies of the Supreme Court. The man, who created fervor throughout this state and the South with his publicly chastised busing decisions of the early 1970s, has been a victim of …


Jim Payne - The Man, Julian E. Savage Jan 1973

Jim Payne - The Man, Julian E. Savage

University of Richmond Law Review

Others will remember him as a teacher; as a colleague; as a scholar. I remember the man-a very human man-an exceptionally sensitive man. Some, who had contact with him only during the last year or two of his life, should know that illness and fatigue were then his' daily companions, forcing concessions of his time and brilliance, and making it impossible for him to give as fully of himself to his students as he had done for so many years past.


Sales-Breach Of Warranty And The Wrongful Death Statutes- Tort Concept Of Warranty Is Extende Jan 1972

Sales-Breach Of Warranty And The Wrongful Death Statutes- Tort Concept Of Warranty Is Extende

University of Richmond Law Review

The past few decades have seen the development of a trend in the field of products liability that has increased the protection of the ultimate consumer by expanding the duties and liabilities of the manufacturer and seller. This inclination has recently been extended by requiring manufacturers and sellers to warrant the safety of their products, and by abrogating the necessity of privity in most warranty actions. The result has increased the consumer's chance of recovery for personal injury caused by a defective product on the basis of negligence or breach of warranty. However, should the consumer die from the injury, …


University Of Richmond Law Review Table Of Contents Jan 1971

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.


Toward Judicial Reform, Edward J. Gurney Jan 1971

Toward Judicial Reform, Edward J. Gurney

University of Richmond Law Review

President Nixon has several times in the recent past publicly recognized a growing national attitude-the American people, as a class, are losing confidence in the ability of their governments to govern. And this unfortunate lack, or at least diminution of confidence, is nowhere more evident than in the way the average citizen views the courts of this country.


Temporary Judicial Assignments: An Invaluable Tool For Effective Judicial Administration, Joseph D. Tydings Jan 1969

Temporary Judicial Assignments: An Invaluable Tool For Effective Judicial Administration, Joseph D. Tydings

University of Richmond Law Review

One of the great strengths of the Federal judicial system is the ability to shift judicial manpower to meet critical caseload demands. This administrative authority is a statutory creation, first incorporated in the United States Code on the suggestion of Chief Justice William Howard Taft.' Because temporary judicial assignments are premised upon a statutory foundation, it is the particular responsibility of Congress to see that those assignments are used to effectuate the Congressional intent and, thereby, alleviate the critical caseload bottlenecks in the Federal judicial system. As Chairman of the Senate Subcommittee on Improvements in Judicial Machinery I conducted hearings …