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2005

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Articles 1 - 30 of 202

Full-Text Articles in Judges

Good Faith Performance In Employment Contracts: A "Comparative Conversation" Between The Us And England, Katherine M. Apps Dec 2005

Good Faith Performance In Employment Contracts: A "Comparative Conversation" Between The Us And England, Katherine M. Apps

ExpressO

This paper asks two questions connected by the fact that they both stem from the inherent incompleteness of employment contracts: in American law, how can the terms in employment handbooks be variable, but sometimes only within reasonable procedurally fair circumstances; and in English law, why doesn’t the implied term of mutual trust and confidence in employment contracts fall foul of the strict test for implication of terms into contract? This paper finds the answer to both questions in the doctrine of good faith. An analysis of good faith as a “comparative conversation” between academic and judicial debates in the ...


High Turnover And Low Reputation? Elements Of Sociology Of The Supreme People’S Court Grand Justices (Summary), Meng Hou Dec 2005

High Turnover And Low Reputation? Elements Of Sociology Of The Supreme People’S Court Grand Justices (Summary), Meng Hou

Hou Meng

No abstract provided.


The Evolving Bankruptcy Bench: How Are The "Units" Faring?, Ralph R. Mabey Dec 2005

The Evolving Bankruptcy Bench: How Are The "Units" Faring?, Ralph R. Mabey

Boston College Law Review

Life on the bankruptcy bench has evolved in recent years. This Article examines these changes from the perspective of bankruptcy judges themselves. Randomly selected bankruptcy judges were surveyed on a variety of topics including law clerks, job satisfaction, case management, bankruptcy appellate panel service, prior career, and publication of opinions. This Article compiles and analyzes the results of those surveys, and concludes that, overall, bankruptcy judges are satisfied and appear resilient to the changes and frustrations facing the bench.


Brown And Lawrence (And Goodridge), Michael J. Klarman Dec 2005

Brown And Lawrence (And Goodridge), Michael J. Klarman

Michigan Law Review

One year shy of the fiftieth anniversary of Brown v. Board of Education, the Justices issued another equality ruling that is likely to become a historical landmark. In Lawrence v. Texas, the Court invalidated a state law that criminalized same-sex sodomy. This article contrasts these historic rulings along several dimensions, with the aim of shedding light on how Supreme Court Justices decide cases and how Court decisions influence social reform movements. Part I juxtaposes Brown and Lawrence to illustrate how judicial decisionmaking often involves an uneasy reconciliation of traditional legal sources with broader social and political mores and the personal ...


The Prophecies Of The Prophetic Jurist – A Review Of Selected Works Of Oliver Wendell Holmes, Jr., Kissi Agyebeng Nov 2005

The Prophecies Of The Prophetic Jurist – A Review Of Selected Works Of Oliver Wendell Holmes, Jr., Kissi Agyebeng

Cornell Law School J.D. Student Research Papers

This is a review of the methodology and style of legal research of Oliver Wendell Holmes, Jr., focusing on the ideological and philosophical leanings that informed his scholarship. The review spans selected works of his undergraduate days through his mid-career writings and his representative opinions on the Supreme Judicial Court of the State of Massachusetts and the Supreme Court of the United States.


Judges As Guardians Of The Constitution, Randall Coyne Nov 2005

Judges As Guardians Of The Constitution, Randall Coyne

Randall Coyne

No abstract provided.


To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal Nov 2005

To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal

University of Richmond Law Review

No abstract provided.


Preface, R. Kennon Poteat Nov 2005

Preface, R. Kennon Poteat

University of Richmond Law Review

No abstract provided.


The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne Nov 2005

The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne

University of Richmond Law Review

No abstract provided.


Acknowledgments, R. Kennon Poteat Nov 2005

Acknowledgments, R. Kennon Poteat

University of Richmond Law Review

No abstract provided.


In Memoriam: Robert R. Merhige, Jr., Ronald J. Bacigal Nov 2005

In Memoriam: Robert R. Merhige, Jr., Ronald J. Bacigal

Law Faculty Publications

It is difficult to write about Judge Merhige in an academic journal. His greatness lay not in formulating abstract legal doctrine, but in applying the law to real life situations. When I began researching his biography in 1986, the most pleasant part of the process was personal interviews with the Judge spanning two and a half years and filling some fifty audio tapes. Unfortunately, I was never able to capture his humanity in print and may have done him a disservice by writing his biography the way a law professor does-focusing on the intellectual aspects of his famous cases, rather ...


Annual Survey 2005: Contents Nov 2005

Annual Survey 2005: Contents

University of Richmond Law Review

No abstract provided.


Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles Nov 2005

Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles

University of Richmond Law Review

No abstract provided.


Tribute To Judge Merhige, Orran L. Brown Nov 2005

Tribute To Judge Merhige, Orran L. Brown

University of Richmond Law Review

No abstract provided.


Remembering Judge Merhige, Michael W. Smith Nov 2005

Remembering Judge Merhige, Michael W. Smith

University of Richmond Law Review

No abstract provided.


Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla Nov 2005

Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


In Memoriam: Judge Robert R. Merhige, Jr., J. Harvie Wilkinson Iii Nov 2005

In Memoriam: Judge Robert R. Merhige, Jr., J. Harvie Wilkinson Iii

University of Richmond Law Review

No abstract provided.


What Appellate Judges Do, Rick Sims Oct 2005

What Appellate Judges Do, Rick Sims

The Journal of Appellate Practice and Process

No abstract provided.


Under A Cruel Sun: My Life As A Female Judge And Underground Educator Under The Soviets, The Taliban, And The Americans, Marzia Basel, Dana Michael Hollywood Oct 2005

Under A Cruel Sun: My Life As A Female Judge And Underground Educator Under The Soviets, The Taliban, And The Americans, Marzia Basel, Dana Michael Hollywood

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Incivility And Unprofessionalism On Appeal: Impugning The Integrity Of Judges, Steven Wisotsky Oct 2005

Incivility And Unprofessionalism On Appeal: Impugning The Integrity Of Judges, Steven Wisotsky

The Journal of Appellate Practice and Process

No abstract provided.


What's The Difference? Comparing The Advocacy Preferences Of State And Federal Appellate Judges, David Lewis Oct 2005

What's The Difference? Comparing The Advocacy Preferences Of State And Federal Appellate Judges, David Lewis

The Journal of Appellate Practice and Process

No abstract provided.


From Earl Warren To Wendell Griffen: A Study Of Judicial Intimidation And Judicial Self-Restraint, Honorable Robert L. Brown Oct 2005

From Earl Warren To Wendell Griffen: A Study Of Judicial Intimidation And Judicial Self-Restraint, Honorable Robert L. Brown

University of Arkansas at Little Rock Law Review

No abstract provided.


Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank Oct 2005

Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank

University of Arkansas at Little Rock Law Review

No abstract provided.


Avoiding The Appearance Of Impropriety: With Great Power Comes Great Responsibility, Cynthia Gray Oct 2005

Avoiding The Appearance Of Impropriety: With Great Power Comes Great Responsibility, Cynthia Gray

University of Arkansas at Little Rock Law Review

No abstract provided.


Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen Oct 2005

Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen

University of Arkansas at Little Rock Law Review

No abstract provided.


Foreword - Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Christina E. Wells, Martha Dragich Oct 2005

Foreword - Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Christina E. Wells, Martha Dragich

Faculty Publications

Justice Blackmun's papers were opened to the public on March 4, 2004, the fifth anniversary of his death. Held in the Manuscript Division of the Library of Congress, the collection includes over half a million items, many handwritten by Justice Blackmun. Anyone can read them. For legal scholars, this kind of research can only be described as exhilarating and many of the articles in this symposium draw on research from Justice Blackmun's papers. For the public, the release comes at a time when the interest in judges is particularly acute.


Foreword--Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Martha Dragich, Christina E. Wells Oct 2005

Foreword--Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Martha Dragich, Christina E. Wells

Faculty Publications

Justice Blackmun's papers were opened to the public on March 4, 2004, the fifth anniversary of his death. Held in the Manuscript Division of the Library of Congress, the collection includes over half a million items, many handwritten by Justice Blackmun. Anyone can read them. For legal scholars, this kind of research can only be described as exhilarating and many of the articles in this symposium draw on research from Justice Blackmun's papers. For the public, the release comes at a time when the interest in judges is particularly acute.


Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben Oct 2005

Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben

Faculty Publications

As we see in this symposium, Justice Harry Blackmun is as controversial in death as he was in life. We live in a time of increasing absolutism, where things are either black or white, red or blue, you are either for me or against me, my way or the highway. It is when we are swayed by the sirens of absolutism that we are most likely to make mistakes, for absolutism diminishes our capacity to see nuance, much less to appreciate and account for it in our reasoning. This is a dangerous thing in a court, and in a democracy ...


Some Reflections On The Symposium: Judging, The Classical Legal Paradigm And The Possible Contributions Of Science, Christina E. Wells Oct 2005

Some Reflections On The Symposium: Judging, The Classical Legal Paradigm And The Possible Contributions Of Science, Christina E. Wells

Faculty Publications

One theme running through the many excellent contributions to this symposium involves the myriad influences on judicial decision-making. As Professor Wrightsman notes, Supreme Court Justices' personal characteristics may affect their ability to influence colleagues and, consequently, the outcome of Supreme Court decisions. Professor Ruger observes that judges have both attitudinal and jurisprudential preferences that may change over time, affecting legal outcomes differently as time passes. Professor Sisk similarly notes that judges' personal values and experiences influence their decision-making. These observations are consistent with those of numerous other scholars, who find wide-ranging and diverse influences on the judicial resolution of legal ...


Testing Minimalism: A Reply, Cass R. Sunstein Oct 2005

Testing Minimalism: A Reply, Cass R. Sunstein

Michigan Law Review

Some judges are less ambitious than others; they have minimalist tendencies. Minimalists are unambitious along two dimensions. First, they seek to rule narrowly rather than broadly. In a single case, they do not wish to resolve other, related problems that might have relevant differences. They are willing to live with the costs and burdens of uncertainty, which they tend to prefer to the risks of premature resolution of difficult issues. Second, minimalists seek to rule shallowly rather than deeply, in the sense that they favor arguments that do not take a stand on the foundational debates in law and politics ...