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Articles 1 - 30 of 31
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 …
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 …
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.
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 …
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 …
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 …
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 …
Judicial Self-Defense In The Court Of Public Opinion, Seth Kaberon
Judicial Self-Defense In The Court Of Public Opinion, Seth Kaberon
Loyola University Chicago Law Journal
No abstract provided.
Participation By The Public In The Federal Judicial Selection Process, William G. Ross
Participation By The Public In The Federal Judicial Selection Process, William G. Ross
Vanderbilt Law Review
The firestorm ignited by the 1987 nomination of Robert H. Bork provided a vivid reminder that public opinion and organized interest groups can have a potent and even decisive impact upon the selection of United States Supreme Court Justices and other federal judges. Al-though the Constitution vests the prerogative of nomination in the President and the power of confirmation in the Senate, the public also is a partner in the selection process in ways that often extend far beyond the citizenry's election of its President and representatives in the Senate.Public opinion has influenced the judicial selection process throughout the history …
Retrospective Justification, Jeffrey Malkan
Comparative Overview Of Service Of Process: United States, Japan, And Attempts At International Unity, Chin Kim, Eliseo Z. Sisneros
Comparative Overview Of Service Of Process: United States, Japan, And Attempts At International Unity, Chin Kim, Eliseo Z. Sisneros
Vanderbilt Journal of Transnational Law
This Article examines the differing philosophical and legal requirements for service of process in the United States and Japan. Professor Kim and Mr. Sisneros compare service of process laws in the United States, where compliance with the due process clause of the United States Constitution is a fundamental requirement, with service of process laws in Japan, where service of process is an official act of the judiciary. A detailed analysis of valid service of process by a foreign state in Japan follows. The authors then discuss the effect of the Bilateral Consular Convention Between the United States and Japan and …
The Copyrightability Of Useful Articles: The Second Circuit's Resistance To Conceptual Separability, Sally M. Donahue
The Copyrightability Of Useful Articles: The Second Circuit's Resistance To Conceptual Separability, Sally M. Donahue
Touro Law Review
No abstract provided.
Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr.
Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr.
UIC Law Review
No abstract provided.
A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli
A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli
UIC Law Review
No abstract provided.
A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli
A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli
UIC Law Review
No abstract provided.
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
Touro Law Review
No abstract provided.
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Touro Law Review
No abstract provided.
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Touro Law Review
No abstract provided.
The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace
The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace
Touro Law Review
No abstract provided.
Construction On The Road To Recovery: New York Limits Loss Of Enjoyment Of Life, Bonnie Sue Goodman
Construction On The Road To Recovery: New York Limits Loss Of Enjoyment Of Life, Bonnie Sue Goodman
Touro Law Review
No abstract provided.
The Hazards Of Proposals To Limit The Tenure Of Federal Judges And To Permit Judicial Removal Without Impeachment, William G. Ross
The Hazards Of Proposals To Limit The Tenure Of Federal Judges And To Permit Judicial Removal Without Impeachment, William G. Ross
Villanova Law Review
No abstract provided.
Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer
Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer
UIC Law Review
No abstract provided.
Makers And Receivers: Judicial Heresy And The Tempting Of America, Charles Kelbley
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 of history, jurisprudence, and, …