Judges Commons^™

William 0. Douglas: An Appreciation, Abe Fortas

Indiana Law Journal

No abstract provided.

Mr. Justice Douglas, Robert A. Sprecher

Indiana Law Journal

No abstract provided.

Justice Douglas And The Equal Protection Clause, Kenneth L. Karst

Indiana Law Journal

No abstract provided.

Justice William 0. Douglas: The Constitution In A Free Society, William M. Beaney

Indiana Law Journal

No abstract provided.

An Appreciative Note On Mr. Justice Douglas' View Of The Court's Role In Environmental Cases, Patrick Baude

Indiana Law Journal

No abstract provided.

Political Battles For Judicial Independence, William H. Rehnquist

Washington Law Review

There is a tendency among present and former law students to think that the development of the nature and extent of the authority of the federal judiciary, and of the Supreme Court of the United States in particular, may be found in the celebrated cases decided by that Court. To an extent this is undoubtedly true. However, at least two major political struggles in this nation have had as much to do with defining the nature of the judicial power in the federal system as anybut a handful of the major decisions of the Supreme Court. No reported judicial decision …

Judicial Ethics--Recusal Of Judges--The Need For Reform, Don R. Sensabaugh Jr.

West Virginia Law Review

No abstract provided.

Opening Pandora's Box: Asking Judges And Attorneys To React To The Videotape Trial, Robert J. Grow, Robert A. Johnson

BYU Law Review

No abstract provided.

Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust

IUSTITIA

The intellectual world of the nineteenth century judge was one in which the two main concerns relevant to our topic here were what the judge's role ought to be in the evolution of law in a democratic society, and whether a recognition and application of 'natural law' was ever appropriate to a legal system. Professor Cover reviews exhaustively the eighteenth and nineteenth century sources from which American judges drew their ideas on these subjects, and studies practically all of the antebellum slavery litigation to discover how judges actually applied these doctrines in the context of slavery cases. What he comes …

Compensation Of The Federal Judiciary: A Reexamination, Elliot A. Spoon

University of Michigan Journal of Law Reform

The compensation of the federal judiciary has been a persistent issue since the enactment of the Judiciary Act of 1789. The problem has been traditionally perceived in the context of particular proposals for salary increases, but the underlying issues are much more fundamental than the concerns of the day. The institutional arrangements by which judicial compensation is determined and the factors which shape that determination have a profound impact on the fiscal and human resources of the judiciary, on the power relationships among the three branches of the national government, and, thereby, on the independence and quality of the judicial …

Discretion And Judicial Decision: The Elusive Quest For The Fetters That Bind Judges, Kent Greenawalt

Faculty Scholarship

"The Judge as a Legislator" is the subtitle of the third of Benjamin Cardozo's famous lectures on The Nature of the Judicial Process, delivered in 1921. Though emphasizing the restraints under which judges should act, Cardozo nevertheless compares the task of the judge with that of the legislator:

The choice of methods, the appraisement of values, must in the end be guided by like considerations for the one as for the other. Each indeed is legislating within the limits of his competence. No doubt the limits for the judge are narrower. He legislates only between gaps. He fills the open …

Judicial Selection In New York: A Need For Change, James Edward Lozier

Fordham Urban Law Journal

On February 27, 1974 Chief Judge Charles D. Breitel of the New York State Court of Appeals addressed the New York Legislature regarding the "State of the Judiciary and Judicial System" and presented dramatic proposals for the reform of the New York state court system. In resurrecting the problem of court reform, the Chief Judge focused in part on one particularly controversial area-the selection of the judiciary. New Yorkers, as well as many other Americans, have become increasingly cognizant of the problem of inefficient administration of the judicial system by some of our nation's state and federal judges. A full …

Federal Magistrates And The Implications Of Consensual References, Eileen J. Mccabe

Fordham Urban Law Journal

The significance of the magistrate in the efficient operation of the federal court system makes it important to analyze the extent of the magistrate's powers as well as the limitations placed thereon. This note will examine the matters which may properly be referred to a magistrate and the standard of review which is used when the magistrate's decision goes before the district court. A major consideration in this discussion will be whether parties, by their consent, can expand the scope of magistrate's powers.

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Articles

Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …

The Division Of Legal Labor In Rural Haiti, Pnina Lahav

Faculty Scholarship

This paper explores the institutional facilities available to Haitian peasants for the settlement of their disputes. More specifically, it compares the institution of the Chef de Section - the lowest administrative appointee in the Haitian countryside and the Justice of the Peace - the lowest ranking judicial institution provided by the Haitian legal system. The paper further advances the hypothesis that at the present time there is a shift in the division of labor between the two institutions, in favor of the Justice of the Peace, and that this shift may be attributed to processes of social differentiation currently detectable …

Book Review, Clarence Emmett Manion

Journal Articles

Reviewing: THE PRICE OF PERFECT JUSTICE. By Macklin Fleming. The Adverse Consequences of Current Legal Doctrine on the American Courtroom. Justice of the California Court of Appeals (Basic Books, Inc. New York).

A Tribute To Mac Swinford, Bernard T. Moynahan Jr.

Kentucky Law Journal

No abstract provided.

Memorial Tribute To Roger J. Kiley, Thomas L. Shaffer

Journal Articles

The editors and staff of the Notre Dame Lawyer pay tribute in this final issue of our fiftieth volume to the late Roger J. Kiley, Circuit Judge of the United States Court of Appeals for the Seventh Circuit. In so doing, we honor him as the model of the Notre Dame lawyer.