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Alito Versus Roe V. Wade: Dobbs As A Means Of Circumvention, Avoidance, Attenuation And Betrayal Of The Constitution, Antony Hilton
Alito Versus Roe V. Wade: Dobbs As A Means Of Circumvention, Avoidance, Attenuation And Betrayal Of The Constitution, Antony Hilton
American University Journal of Gender, Social Policy & the Law
There can be no argument that Justice Alito is a learned justice of great knowledge and reason, and has a superb grasp of the law. As such, despite any opposition to or disagreement with his legal opinions, he is deserving of respect for his intellectual prowess, in general and as it relates to the Constitution. Notwithstanding all the aforementioned, wrong is wrong.
Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White
Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White
Touro Law Review
Robert Cover’s Nomos and Narrative points to the need to recognize a second, novel dimension for understanding rights. His concept of nomos, applied to competing notions of nation in pluralistic societies, suggests that the current dimension for understanding rights, which conceives of them fundamentally as protections for the individual against the state, is too narrow. Rather a second dimension, understanding rights of individuals against the nation, and aimed at ensuring individuals’ ability to participate in the development of an idea of nation, is necessary to avoid “a total crushing of the jurisgenerative character” of nomoi by the state, or by …
Robert Cover And Critical Race Theory, Gabriel J. Chin
Robert Cover And Critical Race Theory, Gabriel J. Chin
Touro Law Review
Professor Robert Cover is recognized as a leading scholar of law and literature; decades after his untimely passing, his works continue to be widely cited. Because of his interest in narrative, he is credited as a contributor to the development of Critical Race Theory. This essay proposes that in addition to narrative, some of his other, substantive works about race were also important precursors to a more sophisticated appreciation of U.S. race relations. Professor Cover is also entitled to credit for understanding racism as a pervasive system, and one which went beyond Black and White.
Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster
Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster
Georgia State University Law Review
Money matters in the justice system. If you can afford to purchase your freedom pretrial, if you can afford to immediately pay fines and fees for minor traffic offenses and municipal code violations, if you can afford to hire an attorney, your experience of the justice system both procedurally and substantively will be qualitatively different than the experience of someone who is poor. More disturbingly, through a variety of policies and practices—some of them blatantly unconstitutional—our courts are perpetuating and criminalizing poverty. And when we talk about poverty in the United States, we are still talking about race, ethnicity, and …
Opinions I Should Have Written, Judge Nancy Gertner (Ret.)
Opinions I Should Have Written, Judge Nancy Gertner (Ret.)
Northwestern University Law Review
In 1991, the Chicago law firm of Pope & John Ltd. established a lecture series at Northwestern University School of Law. The Pope & John Lecture on Professionalism focuses on the many dimensions of a lawyer’s professional responsibility, including legal ethics, public service, professional civility, pro bono representation, and standards of conduct. The Northwestern University Law Review is pleased to present the November 12, 2014 Pope & John Lecture by Judge Nancy Gertner.
Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn
Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn
The University of New Hampshire Law Review
[Excerpt] “In the 1950s and 1960s, the southern states struggled to respond to the civil rights decisions being issued by the U.S. Supreme Court as well as the new civil rights laws being passed by Congress. The judicial battleground for this perfect storm of evasion and massive resistance was found in the “old” Fifth Circuit Court of Appeals, which encompassed the states of Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas. In the “old” Fifth Circuit, a minority of liberal appeals court judges—sympathetic to the civil rights movement—used all legal and administrative power at their disposal to make sure that the …
Actual Versus Perceived Performance Of Judges, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi
Actual Versus Perceived Performance Of Judges, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi
Seattle University Law Review
Perceptions of judges ought to be based on their performance. Yet, few studies of the relation between perceived and actual judicial performance exist. Those claiming judicial bias should be especially sensitive to the relation between perception and performance. Judges perceived by the public or by the legal community as disfavoring a group may be regarded as biased, but that perception is unfair if the judges’ votes in cases do not disfavor the group. For example, it may be unfair to accuse an appellate judge of pro-state bias in criminal cases if the judge votes for defendants at a higher rate …
What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner
What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner
Michigan Journal of Gender & Law
This article is aimed at the general question: whether having a woman judge would make a difference in sexual harassment cases. This article is aimed at this general question, the response to which has been elusive: Does the race, gender, or other background characteristics of a judge make a difference in the outcome of cases? The effects of diversity on the bench are just becoming measurable. Many legal scholars have assumed diversity will make a difference. While this conclusion may seem commonsensical, it is important to be able to support such assertions with actual data. The supposition has been that …
What's Happening With Respect To The Second Circuit, Hon. George C. Pratt
What's Happening With Respect To The Second Circuit, Hon. George C. Pratt
Touro Law Review
No abstract provided.
Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald
Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald
Washington and Lee Law Review
No abstract provided.
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Touro Law Review
No abstract provided.