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Articles 1 - 30 of 71
Full-Text Articles in Judges
Issue 2: Annual Survey 2007 Table Of Contents
Issue 2: Annual Survey 2007 Table Of Contents
University of Richmond Law Review
No abstract provided.
Corporate And Business Law, Gregory R. Bishop, Laurence V. Parker
Corporate And Business Law, Gregory R. Bishop, Laurence V. Parker
University of Richmond Law Review
In 2005, the Virginia Stock Corporation Act (the "Virginia Act") was extensively revised and updated for the first time since 1985. Having just undertaken such a major revision to the Virginia Act,
the General Assembly further amended the Act in a more targeted fashion in 2006 and 2007. Section II of this article addresses some of the changes that have taken place since the 2005 amendments and gives a brief overview of some conforming changes that have been incorporated in the Virginia Nonstock Corporation Act (the "Nonstock Act").
There has also been a concerted effort to conform the language and …
In Memoriam: Honourable Gerald Eric Le Dain, 1924-2007, Patrick J. Monahan, Harry W. Arthurs, Bruce B. Ryder
In Memoriam: Honourable Gerald Eric Le Dain, 1924-2007, Patrick J. Monahan, Harry W. Arthurs, Bruce B. Ryder
Osgoode Hall Law Journal
No abstract provided.
Preface: Bringing Light To The Halls Of Shadow, Richard J. Peltz
Preface: Bringing Light To The Halls Of Shadow, Richard J. Peltz
The Journal of Appellate Practice and Process
No abstract provided.
Twelve Prose Poems By Roger J. Traynor (With A Nod To Charles Baudelaire), Jon B. Eisenberg
Twelve Prose Poems By Roger J. Traynor (With A Nod To Charles Baudelaire), Jon B. Eisenberg
The Journal of Appellate Practice and Process
No abstract provided.
Embracing The Living Constitution: Justice Anthony M. Kennedy's Move Away From A Conservative Methodology Of Constitutional Interpretation, Lisa K. Parshall
Embracing The Living Constitution: Justice Anthony M. Kennedy's Move Away From A Conservative Methodology Of Constitutional Interpretation, Lisa K. Parshall
North Carolina Central Law Review
No abstract provided.
Law & Politics: The Case Against Judicial Review Of Direct Democracy, Corey A. Johanningmeier
Law & Politics: The Case Against Judicial Review Of Direct Democracy, Corey A. Johanningmeier
Indiana Law Journal
This Note argues against strong judicial review of direct democracy. Judicial review has been the dominant answer in legal scholarship for the perceived danger of majoritarian tyranny in any democratic system. But Progressive movements throughout American history, as well as a growing number of respected law professors, have questioned the assumption that courts or even legislatures are better protectors of discrete and insular minorities than the rights-respecting populace. Although the vast majority of legal scholarship still displays a crippling cynicism about popular competence, this view cannot continue to block progressives from participating in initiative campaigns. Exclusive resort to elitist procedural …
Native America And The Rule Of Law, Dr. Joe Shirley Jr.
Native America And The Rule Of Law, Dr. Joe Shirley Jr.
University of Richmond Law Review
No abstract provided.
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
University of Richmond Law Review
No abstract provided.
Issue 4: Symposium Table Of Contents
Issue 4: Symposium Table Of Contents
University of Richmond Law Review
No abstract provided.
Does A Judge's Party Of Appointment Or Gender Matter To Case Outcomes?: An Empirical Study Of The Court Of Appeal For Ontario, James Stribopoulos, Moin A. Yahya
Does A Judge's Party Of Appointment Or Gender Matter To Case Outcomes?: An Empirical Study Of The Court Of Appeal For Ontario, James Stribopoulos, Moin A. Yahya
Osgoode Hall Law Journal
A recent study by Cass Sunstein identified ideological differences in the votes cast by judges on the United States Courts of Appeals in certain types of cases. He found that these patterns varied depending on the ideology of an appellate judge's co-panelists. In this study, we undertake a similar examination of the busiest appellate court in Canada, the Court of Appeal for Ontario. This study collects data on the votes cast by individual judges in every reported decision between 1990 and 2003. Each case was cod6d by type, for example "criminal law," "constitutional law," or "private law." In addition, the …
Why Originalism Won’T Die - Common Mistakes In Competing Theories Of Judicial Interpretation, Tara Smith
Why Originalism Won’T Die - Common Mistakes In Competing Theories Of Judicial Interpretation, Tara Smith
Duke Journal of Constitutional Law & Public Policy
In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been subjected to numerous seemingly fatal criticisms. Despite the exposure of flaws that would normally bury a theory, however, Originalism continues to attract tremendous support, seeming to many to be the most sensible theory on offer. This Article examines its resilient appeal (with a particular focus on Scalia’s Textualism). By surveying and identifying the fundamental weaknesses of three of the leading alternatives to Originalism (Popular Will theory, Dworkin’s value theory, and Judicial Minimalism), the Article demonstrates that the heart of Originalism’s appeal rests in its …
"Quotidian" Judges Vs. Al-Qaeda, Mark S. Davies
"Quotidian" Judges Vs. Al-Qaeda, Mark S. Davies
Michigan Law Review
In Terror in the Balance: Security, Liberty, and the Courts, University of Chicago law professors Eric A. Posner and Adrian Vermeule invite those of us worried about the American response to al-Qaeda to consider the proper role of judges. Judges, of course, are not being dispatched to the hills of Pakistan nor are they securing our borders or buildings. But as the executive seeks to implement a range of new policies in the name of protecting us from al-Qaeda, the judicial treatment of these policies shapes the American response. Posner and Vermeule suggest a kind of Hippocratic view of …
On Dworkin And Borkin, Tom Lininger
On Dworkin And Borkin, Tom Lininger
Michigan Law Review
This Essay will use Dworkin's and Davis's scholarship as a jumping-off point for a discussion of the Supreme Court nomination process. I argue that while Dworkin's and Davis's books, when read together, expose a significant problem with the current nomination process, a possible solution to this predicament may lie in a change to the judicial code of ethics and the procedural rules for confirmation of judges. My analysis will proceed in four steps. Part I will address Dworkin's arguments. Part II will evaluate the analysis and evidence in Davis's book. Part III will consider an additional variable to which neither …
Mis(Understanding)Judging, Philip M. Pro
Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben
Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben
Nevada Law Journal
No abstract provided.
Misjudging: Implications For Dispute Resolution, Donna Shestowsky
Misjudging: Implications For Dispute Resolution, Donna Shestowsky
Nevada Law Journal
No abstract provided.
Misjudging, Chris Guthrie
Judging Judges And Dispute Resolution Processes, John Lande
Judging Judges And Dispute Resolution Processes, John Lande
Nevada Law Journal
No abstract provided.
Thoughts On Misjudging Misjudging, Stephen N. Subrin
Thoughts On Misjudging Misjudging, Stephen N. Subrin
Nevada Law Journal
No abstract provided.
On Misjudging And Its Implications For Criminal Defendants, Their Lawyers And The Criminal Justice System, Rodney J. Uphoff
On Misjudging And Its Implications For Criminal Defendants, Their Lawyers And The Criminal Justice System, Rodney J. Uphoff
Nevada Law Journal
No abstract provided.
Nobody's Perfect, Stephan Landsman
A Memoir Of The First Chief Judge By The Fifth Chief Judge, 6 J. Marshall Rev. Intell. Prop. L. 310 (2007), Paul R. Michel
A Memoir Of The First Chief Judge By The Fifth Chief Judge, 6 J. Marshall Rev. Intell. Prop. L. 310 (2007), Paul R. Michel
UIC Review of Intellectual Property Law
No abstract provided.
Popular Dissatisfaction With Judicial Restraint-Do Americans Really Want An Independent Judiciary?, Michael S. Greco
Popular Dissatisfaction With Judicial Restraint-Do Americans Really Want An Independent Judiciary?, Michael S. Greco
Indiana Law Journal
Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.
Capital Defense Representation, Norman Lefstein
Capital Defense Representation, Norman Lefstein
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.