Judges Commons^™

Remarks, Introduction Of Professor E. Donald Shapiro, Bar-Ilan University Reception, Roger J. Miner '56

Tributes & Testimonials

No abstract provided.

Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56

Constitutional Law

No abstract provided.

Ex Parte Communication By The Judiciary, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

The recent establishment of an Individual Assignment System in New York has introduced what one commentator has referred to as new "rules of the game". Nonetheless, the old rules still apply with respect to ex parte communication by judges which is governed by Canon 3(A)( 4) of the Code of Judicial Conduct. Canon 3(A)(4), as adopted by the New York State Bar Association in 1973, prohibits a judge from initiating or considering ex parte communications concerning a pending or impending proceeding. This prohibition, which has been strictly construed by decisional law and bar association advisory opinions, has new significance under …

Posner On Literature, Lewis H. Larue

Scholarly Articles

Not available.

Coping With Uncertainty In The Law, Ellen Ash Peters

Faculty Articles and Papers

No abstract provided.

Judicial Notice: An Essay Concerning Human Misunderstanding, E. F. Roberts

Cornell Law Faculty Publications

Articles limning the law pertaining to judicial notice are legion, and the footnotes which have been cite checked by generations of law review editors must number in the thousands. These articles assume that reason, properly employed, produces correct answers. They assume that disagreements can be resolved by reason, because it is self-evident that any problem, once identified, can be solved. Reflected here are the presuppositions of lawyers brought up in the Western legal tradition.

What if one were to doubt that reason necessarily governed the behavior of lawyers? What if one doubted as well that all problems were susceptible to …

Chief Justice Nominee Outlines Legal Trends, Brigette Panarisi

Bryant Garth (1986-1987 Acting; 1987-1990)

No abstract provided.

Rehnquist Frayed Feather In Iu Law School's Cap?, Mike Leonard

Bryant Garth (1986-1987 Acting; 1987-1990)

No abstract provided.

The Chief Justice Donald R. Wright Memorial Symposium On The California Judiciary, Proceedings And Papers, Senate Office Of Research

California Senate

No abstract provided.

Rehnquist Might Dedicate Law Library, David A. Lytle

Bryant Garth (1986-1987 Acting; 1987-1990)

No abstract provided.

Letter From Peter J. Wallison To President Reagan Regarding Questions To Ask Rehnquist And Scalia [1986], Peter J. Wallison

Historical and Topical Legal Documents

No abstract provided.

Memo From Peter J. Wallison To President Reagan Regarding Rehnquist And Scalia [1986], Peter J. Wallison

Historical and Topical Legal Documents

No abstract provided.

Raul Memorandum Regarding Antonin Scalia, Alan Charles Raul

Historical and Topical Legal Documents

No abstract provided.

How The Patent And Copyright Clauses Came To Be A Part Of Our National Charter, Roger J. Miner '56

Intellectual Property

No abstract provided.

The Duty To Criticize The Courts (Ii), Roger J. Miner '56

Judges

No abstract provided.

Book #22, Roger J. Miner '56

Scrapbooks

No abstract provided.

"The Court On Trial:" An Analysis Of Phillip Johnson's Attack On The California Supreme Court, Independent Citizens' Committee To Keep Politics Out Of The Court

California Agencies

On November 4, California voters will decide whether to retain Chief Justice Rose Bird and Associate Justices Joseph Grodin and Cruz Reynoso on the Supreme Court of California.1 This election is extraordinarily important because, for the first time in the history of California judicial retention elections, several Justices are being vigorously opposed in a multi-million dollar partisan campaign. The campaign against the Justices has been conducted by conservative organizations through direct mail and advertisements in newspapers, radio and television. Although we are used to this in ordinary politics, it is a I cause for great concern in a judicial election. …

Tennessee V. Garner And The Democratic Practice Of Judicial Review, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Farewell To The Sea Of Doubt: Jettisoning The Constitutional Sherman Act, Thomas C. Arthur

Faculty Articles

This Article proceeds as follows. Part I examines the legislative history of the Sherman Act to discover the policy choices actually made by the 1890 Congress. Part II sketches the development, operation and social costs of the conventional "constitutional" approach which now dominates section 1 adjudication. This Part demonstrates how the Supreme Court's failure to establish a workable methodology for resolving hard cases in the first Sherman Act decisions enabled it later to create the myth that the 1890 Congress made no hard policy choices. It then shows that the lack of a recognized statutory standard inevitably leads to doctrinal …

The Struggle For Judicial Independence In Antebellum North Carolina: The Story Of Two Judges, Walter F. Pratt

Journal Articles

The Supreme Court of North Carolina is an anomaly among state courts in the antebellum years. In a period dominated by democratic reforms of state government, the court did not merely survive unscathed it actually increased its independence. The remarkable success of this court is largely attributable to the personal reputations and political acumen of two of its judges, Thomas Ruffin and William Gaston. Without those two men it is likely that the Supreme Court would have been abolished in a wave of democratic reforms that peaked in North Carolina with the constitutional amendments of 1835.

Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson

Law Faculty Articles and Essays

This article completes a two-part series studying the constitutional jurisprudence of Judges Antonin Scalia, Richard Posner, Robert Bork, Frank Easterbrook, and Ralph Winter Jr., five conservative academics appointed by President Reagan to the United States Court of Appeals. Judge Scalia has recently been appointed to the Supreme Court of the United States. In a previous article, published in the last issue of the University of Miami Law Review, I evaluated these five jurists' constitutional scholarship by contrasting their views with those of Edmund Burke, the originator of political conservative theory. That article tested Burke's wariness of political abstractions and his …

Freedom Of Speech As Therapy, Pierre Schlag

Publications

No abstract provided.

Biographical Information Regarding Anthony Kennedy From White House Supreme Court Nominee Binder, Anonymous

Historical and Topical Legal Documents

No abstract provided.

The Judge, Marianne Wesson

Publications

No abstract provided.

The Uncertainty Principle In The Supreme Court, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Book Review. Judges, Bureaucrats, And The Question Of Independence By Donna Price Cofer, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Crises? What Crisis?, Jack M. Beermann

Faculty Scholarship

Bureaucracy is a favorite target for criticism from the left and the right. Bureaucratization of an organization is claimed to cause excessive reliance upon rigid rules or the absence of rules altogether.' Few people want to be part of a large bureaucracy and fewer still want to depend on a bureaucracy for important benefits or policymaking. In recent years, the business of the federal judiciary has increased dramatically. Congress has attempted to meet the rising caseload by increasing the number of federal judges and assistants. As the federal court system becomes more and more like administrative bureaucracies, the question has …

Memorandum Regarding Robert Bork As A Possible Supreme Court Nominee [1986], Anonymous

Historical and Topical Legal Documents

No abstract provided.

Federal Courts At The Crossroads, Roger J. Miner '56

Bar Associations

No abstract provided.