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Articles 1 - 20 of 20
Full-Text Articles in Judges
Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56
Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56
Constitutional Law
No abstract provided.
Judicial Notice: An Essay Concerning Human Misunderstanding, E. F. Roberts
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 …
Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan
Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan
Antioch Law Journal
In January 1983, the United States Court of Appeals for the Eleventh Circuit decided the case of Hance v. Zant. Establishing a stringent standard apparently in line with the Supreme Court's requirement of heightened reliability in capital cases, the Eleventh Circuit reversed Hance's death sentence. The court held, inter alia, that the prosecutor's inflammatory closing argument at the end of the sentencing phase of the trial was violative of the eighth and fourteenth amendments. Six months later, in a group of four other death penalty cases, the United States Supreme Court dismissed challenges to the sentencing process.2 The Court held …
Tribe: God Bless This Honorable Court. Reviewed By Susan G. Kupfer, Susan G. Kupfer
Tribe: God Bless This Honorable Court. Reviewed By Susan G. Kupfer, Susan G. Kupfer
Antioch Law Journal
No abstract provided.
Engelmayer And Wagman: Lord's Justice. Reviewed By Marc P. Weingarten, Marc P. Weingarten
Engelmayer And Wagman: Lord's Justice. Reviewed By Marc P. Weingarten, Marc P. Weingarten
Antioch Law Journal
No abstract provided.
Federal Courts At The Crossroads, Roger J. Miner '56
Federal Courts At The Crossroads, Roger J. Miner '56
Bar Associations
No abstract provided.
Remarks, Investiture Of Hon. Con. G. Cholakis, Roger J. Miner '56
Remarks, Investiture Of Hon. Con. G. Cholakis, Roger J. Miner '56
Judges
No abstract provided.
The Duty To Criticize The Courts (Ii), Roger J. Miner '56
The Duty To Criticize The Courts (Ii), Roger J. Miner '56
Judges
No abstract provided.
Research In Judicial Administration: A Judge's Perspective, Conference On Judicial Administration Research, Roger J. Miner '56
Research In Judicial Administration: A Judge's Perspective, Conference On Judicial Administration Research, Roger J. Miner '56
Federal Court System and Administration
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
"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. …
The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly
The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly
Touro Law Review
No abstract provided.
Farewell To The Sea Of Doubt: Jettisoning The Constitutional Sherman Act, Thomas C. Arthur
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 State Of New York's State Federal-Judicial Council, Hon. George C. Pratt
The State Of New York's State Federal-Judicial Council, Hon. George C. Pratt
Touro Law Review
No abstract provided.
The Uncertainty Principle In The Supreme Court, Craig M. Bradley
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
A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley
The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley
Touro Law Review
No abstract provided.
The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis
The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis
Law Faculty Articles and Essays
A dispute burns across the landscape of French constitutional law regarding the juridical nature of the French constitutional "Supreme Court", the Conseil constitutionnel: is it a court? Both French and American scholars have claimed that, despite superficial similarities between the U.S. Supreme Court and the French Conseil constitutionnel, the American system of judicial review "can have no counterpart in the French system", that French legal and political theory is inconstistent with an effective supreme court, that there is "no possibility" that the French and American systems could surmount this "major difference", and that the Conseil is simply not a "true …
Justice William J. Brennan, Jr.: A Justice For All Seasons, Joel Gora
Justice William J. Brennan, Jr.: A Justice For All Seasons, Joel Gora
Faculty Scholarship
No abstract provided.
The Struggle For Judicial Independence In Antebellum North Carolina: The Story Of Two Judges, Walter F. Pratt
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.
Judicial Independence And The Rule Of Law, Jonathan K. Van Patten
Judicial Independence And The Rule Of Law, Jonathan K. Van Patten
Jonathan Van Patten
No abstract provided.