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Articles 1 - 17 of 17
Full-Text Articles in Judges
Judicial Activism In Trial Courts, Bruce Green, Rebecca Roiphe
Judicial Activism In Trial Courts, Bruce Green, Rebecca Roiphe
Articles & Chapters
No abstract provided.
Learning To Live With Judicial Partisanship: A Response To Cassandra Burke Robertson, Bruce Green, Rebecca Roiphe
Learning To Live With Judicial Partisanship: A Response To Cassandra Burke Robertson, Bruce Green, Rebecca Roiphe
Articles & Chapters
No abstract provided.
The Historical Significance Of Judge Learned Hand: What Endures And Why, Edward A. Purcell Jr.
The Historical Significance Of Judge Learned Hand: What Endures And Why, Edward A. Purcell Jr.
Articles & Chapters
The 100th anniversary of Judge Learned Hand's opinion in Masses Publishing Co. v. Patten' invites us to look back on its author's long career and to consider his contributions to American law and his significance in the nation's history. Spanning more than fifty years from the presidency of William Howard Taft to the presidency of John F. Kennedy, Hand's judicial career presents an exceptionally rich subject for such reflection.
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen
Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen
Articles & Chapters
No abstract provided.
Judicial Externships, Mariana Hogan, Michael Roffer
Judicial Externships, Mariana Hogan, Michael Roffer
Articles & Chapters
No abstract provided.
Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon
Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon
Articles & Chapters
No abstract provided.
Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray
Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray
Articles & Chapters
Prosecutors, like mostAmericans, view the criminal-justice system asfundamentally race neutral. They are aware that blacks are stopped, searched, arrested, and locked up in numbers that are vastly out of proportion to their fraction of the overall population. Yet, they generally assume that this outcome is justified because it reflects the sad reality that blacks commit a disproportionate share of crime in America. They are unable to detect the ways in which their own discretionary choices-and those of other actors in the criminal-justice system, such as legislators, police officers, and jurors-contribute to the staggering and disproportionate incarceration of black Americans. In …
A Tribute To The Honorable Carmen Beauchamp Ciparick, Penelope Andrews
A Tribute To The Honorable Carmen Beauchamp Ciparick, Penelope Andrews
Articles & Chapters
No abstract provided.
Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman
Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman
Articles & Chapters
While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions when circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts …
Regulating Discourtesy On The Bench: A Study In The Evolution Of Judicial Independence, Bruce Green, Rebecca Roiphe
Regulating Discourtesy On The Bench: A Study In The Evolution Of Judicial Independence, Bruce Green, Rebecca Roiphe
Articles & Chapters
In this paper, we argue that the myth of the detached, rational judge, free from emotion runs the risk of undermining the quality of judging, obscuring the transparency of judicial decisions, and deterring the development of diverse judicial styles. We explore the history of the myth of the detached judge and how it made its way into rules of judicial conduct. By contextualizing this image of the judiciary, the article concludes that the rules of judicial conduct have come to embody an antiquated understanding of judicial independence and ought to be revised to reflect a more modern concept of the …
Tribute To Justice Antonin Scalia, Nadine Strossen
Tribute To Justice Antonin Scalia, Nadine Strossen
Articles & Chapters
No abstract provided.
The South African Judicial Appointments Process, Penelope Andrews
The South African Judicial Appointments Process, Penelope Andrews
Articles & Chapters
Consideration of racial and gender diversity, and to a lesser extent disability and sexual orientation diversity, has propelled the transformation of the judiciary in South Africa. This consideration is underpinned by both the stated and unstated assumption that a majority white judiciary cannot adequately and fairly serve and deliver justice to a majority black population. The very legitimacy of the judiciary, and indeed the project of constitutional democracy, is contingent on a bench that reflects the racial and gender diversity of the society. Moreover, with equality as the primary principle in the "Bill of Rights," the judiciary has to accommodate …
Exonerations Change Judicial Views On Ineffective Assistance Of Counsel, Adele Bernhard
Exonerations Change Judicial Views On Ineffective Assistance Of Counsel, Adele Bernhard
Articles & Chapters
Law evolves more slowly than pop culture or public attitude. Because most exonerations have not resulted in written legal opinions, their impact is slowly seeping into case law. However, courts are influenced by the same news that sways the rest of us. Even without explicitly referring to innocence or wrongful convictions, modern trial courts are undoubtedly more likely to admit expert testimony on the question of eyewitness identification because they are painfully aware of just how easily such witnesses - no matter how honest or passionate - can be wrong. They are certainly more inclined to view confessions suspiciously, especially …
The Creation Of South Africa's Constitution: Introduction, Stephen J. Ellmann
The Creation Of South Africa's Constitution: Introduction, Stephen J. Ellmann
Articles & Chapters
No abstract provided.
Politics And The Rehnquist Court, James F. Simon
Politics And The Rehnquist Court, James F. Simon
Articles & Chapters
No abstract provided.
Suppression Of Popular Gatherings In England, 1800-1830, Frank W. Munger
Suppression Of Popular Gatherings In England, 1800-1830, Frank W. Munger
Articles & Chapters
No abstract provided.