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Articles 1 - 22 of 22
Full-Text Articles in Judges
Battle For Justice: How The Bork Nomination Shook America, Arthur Austin
Battle For Justice: How The Bork Nomination Shook America, Arthur Austin
BYU Law Review
No abstract provided.
Choosing Judges The Democratic Way, Larry Yackle
Choosing Judges The Democratic Way, Larry Yackle
Faculty Scholarship
A generation ago, the pressing question in constitutional law was the countermajoritarian difficulty.' Americans insisted their government was a democratic republic and took that to mean rule by a majority of elected representatives in various offices and bodies, federal and local. Yet courts whose members had not won election presumed to override the actions of executive and legislative officers who had. The conventional answer to this apparent paradox was the Constitution, which arguably owed its existence to the people directly. Judicial review was justified, accordingly, when court decisions were rooted firmly in the particular text, structure, or historical backdrop of …
Regulating Judicial Misconduct And Divining "Good Behavior" For Federal Judges, Harry T. Edwards
Regulating Judicial Misconduct And Divining "Good Behavior" For Federal Judges, Harry T. Edwards
Michigan Law Review
In recent years, we have witnessed an unprecedented number of instances in which federal judges have been accused of criminal behavior and other serious acts of misconduct. This raises major concerns regarding the scope and enforcement of canons of conduct for members of the judicial branch. It would be presumptuous for anyone to suggest a complete understanding of the notion of "good behavior" for federal judges, or to claim a fully satisfactory prescription for the problem of "judicial misconduct." That is not my object. In reflecting on these issues, however, I have come to realize that I may not share …
When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal
When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal
Law Faculty Publications
In order to stimulate scholarly discussion, this Essay presents an empirical account of the Greensboro incident from the perspective of those who participated in the episode and in the resulting civil rights trial. The Essay traces the circumstances leading to the violence and reviews the resultant litigation with special attention given to the role of the trial judge in politically volatile cases. The candid reflections offered by the trial judge and other participants allow the reader to examine both the event and the litigation, not merely in the abstract, but as implemented by flesh-andblood lawyers, litigants, and judges. .
Ninth Circuit Resolution Proposing Repeal Of 28 U.S.C. § 1447(D), Roger J. Miner '56
Ninth Circuit Resolution Proposing Repeal Of 28 U.S.C. § 1447(D), Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore
Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore
Touro Law Review
No abstract provided.
First Amendment, Burt Neuborne
Weighted Voting, Richard David Emery ,Esq.
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Touro Law Review
No abstract provided.
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Touro Law Review
No abstract provided.
Testimonial Consistency: The Hobgoblin Of The Federal False Declaration Statute, Sidney Delong
Testimonial Consistency: The Hobgoblin Of The Federal False Declaration Statute, Sidney Delong
Faculty Articles
This article focuses on the inconsistent statement provision of the Federal False Declaration Statute. Part I of this article identifies certain anomalous aspects of perjury that make it particularly difficult to control by threats of punishment. Perjury's resemblance to an innocent mistake creates a risk that criminal sanctions will be misapplied. These sanctions may have counterproductive effects, at times inducing people to commit perjury and at others inhibiting people from correcting inaccurate testimony that they have previously given. Part II demonstrates the way in which the conflict between the goals of deterrence and mitigation is manifested in the federal perjury …
Current Developments In Arbitration: Arbitrability And Punitive Damages, 22 J. Marshall L. Rev. 603 (1989), Stephen P. Bedell, Mary Beth Cyze, Donn M. Davis
Current Developments In Arbitration: Arbitrability And Punitive Damages, 22 J. Marshall L. Rev. 603 (1989), Stephen P. Bedell, Mary Beth Cyze, Donn M. Davis
UIC Law Review
No abstract provided.
Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner
Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner
UIC Law Review
No abstract provided.
The Transformation Of American Civil Procedure: The Example Of Rule 11, Stephen B. Burbank
The Transformation Of American Civil Procedure: The Example Of Rule 11, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Sandra Day O’Connor, Abortion, And Compromise For The Court, Susan M. Halatyn
Sandra Day O’Connor, Abortion, And Compromise For The Court, Susan M. Halatyn
Touro Law Review
No abstract provided.
Fourth Amendment, William E. Hellerstein
Remarks: Clerks Of Judge Luther A. Wilgarten, Jr., Roger J. Miner '56
Remarks: Clerks Of Judge Luther A. Wilgarten, Jr., Roger J. Miner '56
Judges
No abstract provided.
Remarks To Litigation Department, Cahill, Gordon & Reindel, Roger J. Miner '56
Remarks To Litigation Department, Cahill, Gordon & Reindel, Roger J. Miner '56
Law Practice
No abstract provided.
Federal Civil Appellate Practice In The United States Court Of Appeals For The Second Circuit, Roger J. Miner '56
Federal Civil Appellate Practice In The United States Court Of Appeals For The Second Circuit, Roger J. Miner '56
Law Practice
No abstract provided.
Bad Judicial Activism And Liberal Federal-Courts Doctrine: A Comment On Professor Doernberg And Professor Redish, Jack M. Beermann
Bad Judicial Activism And Liberal Federal-Courts Doctrine: A Comment On Professor Doernberg And Professor Redish, Jack M. Beermann
Faculty Scholarship
JUDUCIAL ACTIVISM IS often portrayed as a liberal vice. This perception is wrong both historically and, as Professor Redish argues, 3 currently as well. The federal judiciary has been and still is an activist institution, working with both substantive law and jurisdictional rules to achieve its own policy goals. It has done this in statutory, constitutional, and common-law matters. Specifically, the Supreme Court of the United States has actively-shaped the jurisdiction of the federal courts in a restrictive and generally conservative manner.
Professors Doernberg4 and Redish attack this last form of activism by the federal courts, activism in shaping …
A Common Law Lawyer On The Supreme Court: The Opinions Of Justice Stevens, William D. Popkin
A Common Law Lawyer On The Supreme Court: The Opinions Of Justice Stevens, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
La Abogacía En Los 90, Horacio M. Lynch