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1986

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Articles 31 - 60 of 61

Full-Text Articles in Judges

Remarks, Investiture Of Hon. Con. G. Cholakis, Roger J. Miner '56 Jan 1986

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 Jan 1986

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

Judges

No abstract provided.


Book #22, Roger J. Miner '56 Jan 1986

Book #22, Roger J. Miner '56

Scrapbooks

No abstract provided.


Research In Judicial Administration: A Judge's Perspective, Conference On Judicial Administration Research, Roger J. Miner '56 Jan 1986

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 Jan 1986

"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 Jan 1986

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

Law Faculty Research Publications

No abstract provided.


The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly Jan 1986

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 Jan 1986

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 Jan 1986

The State Of New York's State Federal-Judicial Council, Hon. George C. Pratt

Touro Law Review

No abstract provided.


Of Laws, Men, And Judges, D. Dortch Warriner Jan 1986

Of Laws, Men, And Judges, D. Dortch Warriner

University of Richmond Law Review

This essay was originally delivered by Judge Warriner as a speech on March 19, 1985, at the T.C. Williams School of Law, University of Richmond. Copyright 1985 by D. Dortch Warriner, all rights reserved.


Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin Jan 1986

Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin

UIC Law Review

No abstract provided.


Freedom Of Speech As Therapy, Pierre Schlag Jan 1986

Freedom Of Speech As Therapy, Pierre Schlag

Publications

No abstract provided.


A Tribute To Judge Matthew J. Jasen, Sol Wachtler, Victor E. Manz, Charles D. Breitel, Hugh R. Jones, Albert M. Rosenblatt, Alan D. Scheinkman, Edward A. Sheridan, Michael B. Powers Jan 1986

A Tribute To Judge Matthew J. Jasen, Sol Wachtler, Victor E. Manz, Charles D. Breitel, Hugh R. Jones, Albert M. Rosenblatt, Alan D. Scheinkman, Edward A. Sheridan, Michael B. Powers

Buffalo Law Review

No abstract provided.


A Tribute To D. Dortch Warriner, Robert R. Merhige Jr. Jan 1986

A Tribute To D. Dortch Warriner, Robert R. Merhige Jr.

University of Richmond Law Review

On May 31, 1974, D. Dortch Warriner, an attorney from Emporia, Virginia, took the oath of office as a United States District Judge for the Eastern District of Virginia. That solemn and auspicious occasion, which took place before the bench of the Circuit Court of Brunswick County, Virginia, was the genesis of twelve exciting and contributing years not only for Judge Warriner but for those of us, like myself, who came to know, admire, respect and love him.


A Tribute To D. Dortch Warriner, Theodore J. Burr Jr. Jan 1986

A Tribute To D. Dortch Warriner, Theodore J. Burr Jr.

University of Richmond Law Review

I first met David Dortch Warriner in the spring of 1976 when I called him at his Emporia, Virginia office to see if he had a position available in his law firm for a lawyer just out of law school. Although I had not met him prior to my call, I knew a little of him because he was a district chairman in the Republican Party of Virginia at the time.


Biographical Information Regarding Anthony Kennedy From White House Supreme Court Nominee Binder, Anonymous Jan 1986

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 Jan 1986

The Judge, Marianne Wesson

Publications

No abstract provided.


The Uncertainty Principle In The Supreme Court, Craig M. Bradley Jan 1986

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 Jan 1986

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 Jan 1986

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

Articles by Maurer Faculty

No abstract provided.


The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley Jan 1986

The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley

Touro Law Review

No abstract provided.


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

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

Historical and Topical Legal Documents

No abstract provided.


Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson Jan 1986

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 …


The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis Jan 1986

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 Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo Jan 1986

Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo

UIC Law Review

No abstract provided.


Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski Jan 1986

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …


Crises? What Crisis?, Jack M. Beermann Jan 1986

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 …


The Struggle For Judicial Independence In Antebellum North Carolina: The Story Of Two Judges, Walter F. Pratt Jan 1986

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.


Comment On Professor Van Alstyne's Paper, Henry P. Monaghan Jan 1986

Comment On Professor Van Alstyne's Paper, Henry P. Monaghan

Faculty Scholarship

My major difficulty with Professor Van Alstyne's paper is its incomplete character. In the end, he makes only two points: first, judges are authorized to apply "this Constitution," not to do justice; and second, judges should not lie about what they are doing. The danger is that after a while the first point sounds somewhat empty, while the actual content of the second point seems entirely parasitic on the first.


Justice William J. Brennan, Jr.: A Justice For All Seasons, Joel Gora Jan 1986

Justice William J. Brennan, Jr.: A Justice For All Seasons, Joel Gora

Faculty Scholarship

No abstract provided.