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Judges Commons

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1990

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Articles 1 - 30 of 56

Full-Text Articles in Judges

Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato Dec 1990

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 Nov 1990

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).


Beyond Candor, Scott Altman Nov 1990

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 ...


The Theory And Practice Of Defending Judges Against Unjust Criticism, Ronald J. Bacigal Oct 1990

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 order ...


Selecting Law Clerks, Patricia M. Wald Oct 1990

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 hours or ...


The Independence Of Judges: The Uses And Limitations Of Public Choice Theory, Richard A. Epstein Sep 1990

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 Sep 1990

Courts And Collectivities, Vincent Ostrom

BYU Law Review

No abstract provided.


Justice Samuel Chase V. Thomas Jefferson: A Response To Stephen Presser Sep 1990

Justice Samuel Chase V. Thomas Jefferson: A Response To Stephen Presser

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 Sep 1990

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.


Public Choice And The Judiciary: Introductory Notes, William C. Mitchell, Randy T. Simmons Sep 1990

Public Choice And The Judiciary: Introductory Notes, William C. Mitchell, Randy T. Simmons

BYU Law Review

No abstract provided.


Models Of Judicial Choice As Allocation And Distribution In Constitutional Law, Peter H. Aranson Sep 1990

Models Of Judicial Choice As Allocation And Distribution In Constitutional Law, Peter H. Aranson

BYU Law Review

No abstract provided.


Advocacy And Contempt: Constitutional Limitations On The Judicial Contempt Power. Part One: The Conflict Between Advocacy And Contempt, Louis S. Raveson Jul 1990

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 ...


Taking The Court Seriously: A Proposed Approach To Senate Confirmation Of Supreme Court Nominees, Gary J. Simson Jul 1990

Taking The Court Seriously: A Proposed Approach To Senate Confirmation Of Supreme Court Nominees, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.


Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars Jun 1990

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 Jun 1990

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 ...


Electronic Media Access To Federal Courtrooms: A Judicial Response, Laralyn M. Sasaki Jun 1990

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 ...


Ringing The Bell, Roger J. Miner '56 May 1990

Ringing The Bell, Roger J. Miner '56

Legal Education

No abstract provided.


Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski May 1990

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 ...


Concerned Readers V. Judicial Opinion Writers, Erik Paul Belt Apr 1990

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 ...


Judging The Judges: Three Opinions, James Boyd White Apr 1990

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 ...


The Constitutional Catechism Of Antonin Scalia, George Kannar Apr 1990

The Constitutional Catechism Of Antonin Scalia, George Kannar

Journal Articles

No abstract provided.


Systemic Due Process: Procedural Concepts And The Problem Of Recusal, 38 U. Kan. L. Rev. 381 (1990), Paul B. Lewis Jan 1990

Systemic Due Process: Procedural Concepts And The Problem Of Recusal, 38 U. Kan. L. Rev. 381 (1990), Paul B. Lewis

Faculty Scholarship

No abstract provided.


The Federal Judiciary Engendered, Carl W. Tobias Jan 1990

The Federal Judiciary Engendered, Carl W. Tobias

Law Faculty Publications

The dearth of women named to cabinet level positions in the George H.W. Bush Administration does not augur well for appointment of women to the federal bench. Equally discouraging was Mr. Bush's campaign response to the question whether there should be special efforts to select more women for the federal judiciary: "[I] remain committed to appointing to the bench the best qualified candidates we can find-regardless of ... gender--and the record shows that we have been successful in fulfilling this commitment. " The record compiled by the Administration in which he served as Vice-President for two terms was deplorable.

To ...


Political Pressure And Judging In Constitutional Cases, Robert F. Nagel Jan 1990

Political Pressure And Judging In Constitutional Cases, Robert F. Nagel

Articles

No abstract provided.


Book Review, Richard B. Collins Jan 1990

Book Review, Richard B. Collins

Articles

No abstract provided.


Judicial Self-Defense In The Court Of Public Opinion, Seth Kaberon Jan 1990

Judicial Self-Defense In The Court Of Public Opinion, Seth Kaberon

Loyola University Chicago Law Journal

No abstract provided.


The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz Jan 1990

The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.


Makers And Receivers: Judicial Heresy And The Tempting Of America, Charles Kelbley Jan 1990

Makers And Receivers: Judicial Heresy And The Tempting Of America, Charles Kelbley

Fordham Urban Law Journal

This Essay examines "The Tempting of America" in three stages: Section II briefly summarizes the major themes of the book along three principal lines that parallel the book's three parts: Bork's critique of the Supreme Court, his concept of correct and incorrect legal theory and his assessment of the treatment he received from the media and the Senate Judiciary Committee. Each of these topics deserves serious consideration, but the ultimate concern of this Essay is Bork's theoretical chapters, not his historical and political arguments. Section III examines problems that Bork's judicial philosophy raises from the perspectives ...


State Crime In The Federal Forum, Roger J. Miner '56 Jan 1990

State Crime In The Federal Forum, Roger J. Miner '56

Criminal Law

No abstract provided.


Eulogy: Irving Price, Roger J. Miner '56 Jan 1990

Eulogy: Irving Price, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.