Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (28)
- Constitutional Law (14)
- Jurisprudence (13)
- Supreme Court of the United States (13)
- Law and Politics (8)
-
- Legal Ethics and Professional Responsibility (7)
- State and Local Government Law (7)
- Legal Profession (6)
- Criminal Law (5)
- Legislation (5)
- Civil Law (4)
- Civil Procedure (4)
- Litigation (4)
- Public Law and Legal Theory (4)
- Administrative Law (3)
- Civil Rights and Discrimination (3)
- Criminal Procedure (3)
- Health Law and Policy (3)
- Legal Education (3)
- Legal History (3)
- Legal Writing and Research (3)
- Medical Jurisprudence (3)
- Social and Behavioral Sciences (3)
- Torts (3)
- Agriculture Law (2)
- Biodiversity (2)
- Communications Law (2)
- Earth Sciences (2)
- Institution
-
- New York Law School (8)
- University of Michigan Law School (8)
- Touro University Jacob D. Fuchsberg Law Center (7)
- Brigham Young University Law School (6)
- University of Colorado Law School (6)
-
- UIC School of Law (5)
- University of Richmond (3)
- Columbia Law School (2)
- Cornell University Law School (2)
- Fordham Law School (2)
- Georgetown University Law Center (2)
- Maurer School of Law: Indiana University (2)
- University at Buffalo School of Law (2)
- University of Washington School of Law (2)
- Vanderbilt University Law School (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Duke Law (1)
- Loyola University Chicago, School of Law (1)
- Pace University (1)
- Schulich School of Law, Dalhousie University (1)
- Selected Works (1)
- University of Connecticut (1)
- University of Missouri-Kansas City School of Law (1)
- Villanova University Charles Widger School of Law (1)
- West Virginia University (1)
- Keyword
-
- Judges (7)
- Roger J Miner (7)
- United States Supreme Court (7)
- Constitutional law (6)
- Federal courts (5)
-
- Judiciary (4)
- Supreme Court (4)
- Judicial discretion (3)
- Judicial selection (3)
- Lawyers (3)
- Negligence (3)
- Public opinion (3)
- Book review (2)
- Burden of proof (2)
- Cause of action (2)
- Civil rights (2)
- Community (2)
- Conservation (2)
- Constitutional theory (2)
- Courts (2)
- Discovery (2)
- Ethics (2)
- Eulogy (2)
- George H.W. Bush Administration (2)
- Judicial review (2)
- Judicial role (2)
- Jurisprudence (2)
- Law clerks (2)
- Media (2)
- Original intent (2)
- Publication
-
- Touro Law Review (7)
- BYU Law Review (6)
- Faculty Scholarship (5)
- Michigan Law Review (4)
- Publications (4)
-
- UIC Law Review (4)
- Law Faculty Publications (3)
- Articles by Maurer Faculty (2)
- Cornell Law Faculty Publications (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (2)
- University of Michigan Journal of Law Reform (2)
- Washington Law Review (2)
- Alec Stone Sweet (1)
- Articles (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- Book Reviews (1)
- Criminal Law (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles and Papers (1)
- Faculty Works (1)
- Federal Courts and Federal Practice (1)
- Federalist Society (1)
- Fordham Urban Law Journal (1)
- Journal Articles (1)
- Judges (1)
- Law Practice (1)
- Legal Education (1)
- Loyola University Chicago Law Journal (1)
- Publication Type
Articles 1 - 30 of 70
Full-Text Articles in Judges
Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato
Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato
Michigan Law Review
Judge Harry T. Edwards has written a lucid and seemingly logical plea for the judiciary to be granted exclusive self-regulation over all matters of judicial misconduct that fall short of crimes or impeachable offenses. His essay demonstrates the seriousness with which he regards misconduct that would bring shame to the federal judiciary. He believes that the judiciary as a whole is the best institution to ascertain and take measures against individual aberrant judges who are guilty of various forms of misconduct, and I have no doubt of the sincerity of his belief. Yet when we look at claims for self-regulation …
Citizenship And Scholarship (Review Essay), George Kannar
Citizenship And Scholarship (Review Essay), George Kannar
Book Reviews
Review of Robert H. Bork, The Tempting of America: The Political Seduction of the Law (1990); Ethan Bronner, Battle for Justice: How the Bork Nomination Shook America (1989); Michael Pertschuk & Wendy Schaetzel, The People Rising: The Campaign Against the Bork Nomination (1989); Patrick B. mcGuigan & Dawn M. Weyrich, Ninth Justice: The Battle for Bork (1990).
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
Beyond Candor, Scott Altman
Beyond Candor, Scott Altman
Michigan Law Review
In Part I, I consider whether judges might hold inaccurate beliefs that make them more candid and constrained. I suggest that even if theories of neutral decisionmaking are incomplete and inaccurate, a legal system in which judges hold these beliefs about their own behavior could have advantages. If many judges believe that they can, should, and do decide almost all cases by following the law, they might behave differently than they would if they held more accurate beliefs. They might behave so as to facilitate repression and denial, because their self-esteem depends on maintaining the belief that they decide as …
Selecting Law Clerks, Patricia M. Wald
Selecting Law Clerks, Patricia M. Wald
Michigan Law Review
April may indeed have been "the cruellest month" this year for federal judges and their prospective clerks. For a decade now, federal judges have been trying - largely without success - to conduct a dignified, collegial, efficient law clerk selection process. Because each federal judge has only to choose two to three clerks each year, and there is a large universe of qualified applicants graduating each year from our law schools, this would not seem an insurmountable task. And because each federal judge has choice first-year positions to offer and has no need or ability to dicker on salary or …
The Theory And Practice Of Defending Judges Against Unjust Criticism, Ronald J. Bacigal
The Theory And Practice Of Defending Judges Against Unjust Criticism, Ronald J. Bacigal
Law Faculty Publications
Having set forth the above premise and conclusion, the American Bar Association Subcommittee on Unjust Criticism of the Bench promulgated a model program for bar associations to follow when countering inaccurate or unjust criticism of judges. This article presents no quarrel with the model program but instead seeks to relate the model to an empirical account of how it might operate in practice. It must be remembered that the acid test of a theoretical model is not whether the theory is "true" in a purely academic sense but whether the model is useful in describing the "real world. " In …
Models Of Judicial Choice As Allocation And Distribution In Constitutional Law, Peter H. Aranson
Models Of Judicial Choice As Allocation And Distribution In Constitutional Law, Peter H. Aranson
BYU Law Review
No abstract provided.
Public Choice And The Judiciary: Introductory Notes, William C. Mitchell, Randy T. Simmons
Public Choice And The Judiciary: Introductory Notes, William C. Mitchell, Randy T. Simmons
BYU Law Review
No abstract provided.
Narrowing The Scope Of Absolute Judicial Immunity From Section 1983 Suits: The Bar Grievance Committee And The Judicial Function, Jon Evan Waddoups
Narrowing The Scope Of Absolute Judicial Immunity From Section 1983 Suits: The Bar Grievance Committee And The Judicial Function, Jon Evan Waddoups
BYU Law Review
No abstract provided.
The Independence Of Judges: The Uses And Limitations Of Public Choice Theory, Richard A. Epstein
The Independence Of Judges: The Uses And Limitations Of Public Choice Theory, Richard A. Epstein
BYU Law Review
No abstract provided.
Courts And Collectivities, Vincent Ostrom
Justice Samuel Chase V. Thomas Jefferson: A Response To Stephen Presser
Justice Samuel Chase V. Thomas Jefferson: A Response To Stephen Presser
BYU Law Review
No abstract provided.
Taking The Court Seriously: A Proposed Approach To Senate Confirmation Of Supreme Court Nominees, Gary J. Simson
Taking The Court Seriously: A Proposed Approach To Senate Confirmation Of Supreme Court Nominees, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
Advocacy And Contempt: Constitutional Limitations On The Judicial Contempt Power. Part One: The Conflict Between Advocacy And Contempt, Louis S. Raveson
Advocacy And Contempt: Constitutional Limitations On The Judicial Contempt Power. Part One: The Conflict Between Advocacy And Contempt, Louis S. Raveson
Washington Law Review
The courts' inherent power to punish misconduct that interferes with the judicial process as criminal contempt often conflicts with attorneys' first amendment and due process rights, and their clients' sixth amendment rights to vigorous legal representation. In balancing these competing interests, the Supreme Court has employed seemingly diverse standards to demarcate the constitutional limitations on the substantive scope of the contempt power. Professor Raveson argues that the Constitution should limit the contempt power so that it may only be used to punish actual obstructions of the administration of justice. He maintains that because the goals of our system of justice …
Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars
Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
31 pages (includes illustrations).
Contains references.
Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.
Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.
The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …
Electronic Media Access To Federal Courtrooms: A Judicial Response, Laralyn M. Sasaki
Electronic Media Access To Federal Courtrooms: A Judicial Response, Laralyn M. Sasaki
University of Michigan Journal of Law Reform
This Note examines the ongoing electronic media access dispute and suggests methods to establish access. Because reform of current law would be implemented largely at the judicial "front lines"-the 700-plus U.S. district judges' courtrooms ---the concerns and desires of district judges are of primary importance to any proposed change. The survey documented an institutional resistance to an expanded media presence in federal courtrooms; this institutional inertia may be the strongest single reason that change has not occurred. Part I of this Note presents the federal rules, canons, and resolutions comprising the current prohibition against video and audio-equipment access, as well …
Ringing The Bell, Roger J. Miner '56
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …
Judicial Discretion: Is One More Of A Good Thing Too Much?, David B. Sentelle
Judicial Discretion: Is One More Of A Good Thing Too Much?, David B. Sentelle
Michigan Law Review
A Review of Judicial Discretion by Aharon Barak
Concerned Readers V. Judicial Opinion Writers, Erik Paul Belt
Concerned Readers V. Judicial Opinion Writers, Erik Paul Belt
University of Michigan Journal of Law Reform
In this action, Plaintiffs sought a writ of mandamus compelling the offending judges to write better, but the court below denied the writ. Plaintiffs then petitioned for relief from poor writing. Because some judges do, in fact, write clear and effective opinions, we have granted certiorari to resolve the differences between the various courts. The issue before us, then, is whether judges and clerks have abused their discretion by writing weak opinions and, if so, how they can improve their writing. Because stronger writing greatly eases the reader's job and makes opinions more effective, we hold that judges and clerks …
The Constitutional Catechism Of Antonin Scalia, George Kannar
The Constitutional Catechism Of Antonin Scalia, George Kannar
Journal Articles
No abstract provided.
Judging The Judges: Three Opinions, James Boyd White
Judging The Judges: Three Opinions, James Boyd White
West Virginia Law Review
For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision?' The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Law Practice
No abstract provided.
Memorial Service: Judge James T. Foley, Roger J. Miner '56
Memorial Service: Judge James T. Foley, Roger J. Miner '56
Judges
No abstract provided.
Eulogy: Irving Price, Roger J. Miner '56
State Crime In The Federal Forum, Roger J. Miner '56
State Crime In The Federal Forum, Roger J. Miner '56
Criminal Law
No abstract provided.
State Crime In The Federal Forum, Roger J. Miner '56
State Crime In The Federal Forum, Roger J. Miner '56
Federalist Society
No abstract provided.
Remarks, J.R. Scully Retirement Luncheon, Roger J. Miner '56
Remarks, J.R. Scully Retirement Luncheon, Roger J. Miner '56
Tributes & Testimonials
No abstract provided.