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Articles 5701 - 5730 of 7533

Full-Text Articles in Judges

Coping With "Loss": A Re-Examination Of Sentencing Federal Economic Crimes Under The Guidelines, Frank O. Bowman, Iii Apr 1998

Coping With "Loss": A Re-Examination Of Sentencing Federal Economic Crimes Under The Guidelines, Frank O. Bowman, Iii

Vanderbilt Law Review

The primary determinant of sentence length for federal economic criminals is the amount of "loss" resulting from an offender's conduct.' The idea of basing sentences for economic crimes primarily on "loss" has become the source of ongoing, complex, and proliferating disputes about what the term "loss" really means and how it should be interpreted in particular cases. The "loss" calculation is one of the most frequently litigated issues in federal sentencing law. There are at present splits of opinion between the federal circuits on at least eleven analytically distinct issues concerning the meaning and application of the "loss" concept. Even …

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R. V. R.D.S.: A Political Science Perspective, Jennifer Smith Apr 1998

R. V. R.D.S.: A Political Science Perspective, Jennifer Smith

Dalhousie Law Journal

Political scientists, including those who study Canadian government and politics, regard the judiciary as a component of the system of governance as a whole. They view it as an institution in relation to other institutions. Thus in The Judiciary in Canada: The Third Branch of Government, Peter Russell examines such issues as the structure of the judiciary in the federal system, the separation of powers and judicial independence, and the appointment, promotion and removal of judges.' As well, political scientists follow the development of the law itself, in areas of peculiar relevance to political life, like electoral law, or of …

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Oregon V. Elstad Revisited: Urging State Court Judges To Depart From The U.S. Supreme Court's Narrowing Of Miranda, Claudia R. Barbieri Mar 1998

Oregon V. Elstad Revisited: Urging State Court Judges To Depart From The U.S. Supreme Court's Narrowing Of Miranda, Claudia R. Barbieri

University of the District of Columbia Law Review

Imagine an average young man on the threshold of adulthood, living in a medium-sized town in a middle-class family. Still in his early years, he gets into a little local trouble and one day finds the police at his door. They ask him questions about a burglary. He panics, and as he racks his brain for some scrap of legal knowledge that might get him out of this frightening situation, he admits that he knows about the crime, stating he was there. The police become more persistent, telling him they know about his involvement, asking him if he wants to …

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Remembering The Fourth Circuit Judges: A History From 1941 To 1998 Mar 1998

Remembering The Fourth Circuit Judges: A History From 1941 To 1998

Washington and Lee Law Review

No abstract provided.

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Fostering Balance On The Federal Courts , Carl Tobias Feb 1998

Fostering Balance On The Federal Courts , Carl Tobias

American University Law Review

No abstract provided.

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George Landon Browning (D. 1947), William Hamilton Bryson Jan 1998

George Landon Browning (D. 1947), William Hamilton Bryson

Law Faculty Publications

Encyclopedia entry on George Landon Browning judge of the Virginia Supreme Court of Appeals.

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Article Iii Judges And The Initiative Process: Are Article Iii Judges Hopelessly Elitist?, Michael Vitiello, Andrew J. Glendon Jan 1998

Article Iii Judges And The Initiative Process: Are Article Iii Judges Hopelessly Elitist?, Michael Vitiello, Andrew J. Glendon

McGeorge School of Law Scholarly Articles

No abstract provided.

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Swearing In Ceremony: Investiture Of Judge Rosemary S. Pooler As A United States Circuit Judge For The Second Circuit, Roger J. Miner '56 Jan 1998

Swearing In Ceremony: Investiture Of Judge Rosemary S. Pooler As A United States Circuit Judge For The Second Circuit, Roger J. Miner '56

Induction Ceremonies and Investitures

No abstract provided.

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The Evolution Of Chutzpah As A Legal Term: The Chutzpah Championship, Chutzpah Award, Chutzpah Doctrine, And Now, The Supreme Court, Jack Achiezer Guggenheim Jan 1998

The Evolution Of Chutzpah As A Legal Term: The Chutzpah Championship, Chutzpah Award, Chutzpah Doctrine, And Now, The Supreme Court, Jack Achiezer Guggenheim

Kentucky Law Journal

No abstract provided.

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Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson Jan 1998

Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

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Justice James D. Heiple: Impeachment And The Assault On Judicial Independence, Jerome B. Meites, Steven F. Pflaum Jan 1998

Justice James D. Heiple: Impeachment And The Assault On Judicial Independence, Jerome B. Meites, Steven F. Pflaum

Loyola University Chicago Law Journal

In 1997, the Illinois House of Representatives conducted its first impeachment investigation of an Illinois Supreme Court justice in 145 years. In this Article, the authors discuss the appropriate standards for impeachment under the Illinois constitution and the need to ensure that the independence of the judiciary is not harmed by politically motivated impeachment proceedings. The authors also examine how the Special House Investigating Committee ("House Committee") applied those standards to its investigation of Illinois Supreme Court Justice James D. Heiple. Finally, they propose reforms to the judicial disciplinary provisions of the Illinois constitution as a result of the Heiple …

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A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko Jan 1998

A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko

Faculty Publications

Public reaction to the 1823 Supreme Court decision in Green v. Biddle prompted John Marshall’s letter to Henry Clay, who had argued the case as amicus curiae for the defendant. The letter is significant because Marshall, who had been a legislator himself, candidly expresses not only his personal dissatisfaction with the congressional assault on the 1823 decision but also the constitutional basis for his opinion. The significance of Marshall’s extrajudicial opinion becomes more apparent when it is considered in the aftermath of the recent tug-of-war between Congress and the Court which culminated in the decision in City of Boerne v. …

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Blinded By Science: How Judges Avoid The Science In Scientific Evidence, Erica Beecher-Monas Jan 1998

Blinded By Science: How Judges Avoid The Science In Scientific Evidence, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.

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Crisis En La Corte Suprema, Horacio M. Lynch Jan 1998

Crisis En La Corte Suprema, Horacio M. Lynch

Horacio M. LYNCH

Presentación en la conferencia dictada en la ciudad de Córdoba, con motivo de la reunión de la Federación de Colegios de Abogados de la Provincia de Córdoba.

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Federal Judicial Selection In A Time Of Divided Government,, Carl W. Tobias Jan 1998

Federal Judicial Selection In A Time Of Divided Government,, Carl W. Tobias

Law Faculty Publications

Congress has authorized 179 active judges for the United States Courts of Appeals and 649 active judges for the United States District Courts. Eighty-two judgeships are now vacant, although the size and complexity of federal caseloads continue to increase. More than thirty openings are considered "judicial emergencies" because they have remained unfilled for eighteen months. The Ninth Circuit, which must resolve the largest docket of the twelve regional appellate courts, currently has nine vacancies on a circuit with twenty eight active judges and for which the Judicial Conference has recommended the creation of nine additional judgeships. The Speedy Trial Act's …

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The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie Failinger Jan 1998

The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie Failinger

Faculty Scholarship

Although many authors have debated the propriety of the use of religious arguments in public policy discussions and lawmaking, few have critically reviewed the jurisprudence of particular judges through the lens of their own faith-traditions. Preliminarily, this article attempts a modest contribution to the discussion about the use of religious argument in public discussions by suggesting that judicial opinions should be viewed rhetorically and that religious assumptions and claims may legitimately be "borrowed" analogically into such opinions, at least their forensic and epideictic elements. More concretely, it analyzes themes in some of Justice William Rehnquist's opinions to determine how consistent …

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Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett Jan 1998

Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett

Faculty Publications

In our system of constitutional decision-making, the Supreme Court makes law as an institution in its formal written opinions. The Court and its individual members make their official legal marks in the printed pages of the United States Reports. In June 1968, in Terry v. Ohio and Sibron v. New York, the two decisions that approved the constitutionality under the Fourth Amendment of police stop and frisk practices, the Court filled many official pages with rich discussion. Over the ensuing thirty years, these Court and individual opinions have shaped the course of constitutional analysis in our courts and guided the …

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Judge Hits Quality Of Appellate Advocacy (New York Law Journal), Bill Alden Jan 1998

Judge Hits Quality Of Appellate Advocacy (New York Law Journal), Bill Alden

News Articles

No abstract provided.

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Former C-Gcc Graduate Relishes Work In Courtroom (The Register Star), The Register Star Jan 1998

Former C-Gcc Graduate Relishes Work In Courtroom (The Register Star), The Register Star

News Articles

No abstract provided.

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Austin Owen Lecture: Difficulties, Dangers & Challenges Facing The Judiciary Today, Robert E. Payne Jan 1998

Austin Owen Lecture: Difficulties, Dangers & Challenges Facing The Judiciary Today, Robert E. Payne

University of Richmond Law Review

Judge Payne presented this address at The Sixth Annual Austin Owen Lecture on November 18, 1997. The Honorable Austin E. Owen attended Richmond College from 1946-47 and received his law degree from The T.C. Williams School of Law in 1950. During his distinguished career, Judge Owen served as an Assistant U.S. Attorney for the Eastern District of Virginia; a partner in Owen, Gray, Rhodes, Betz, Smith and Dickerson; and was appointed Judge of the Second Judicial Circuit of Virginia where he served until his retirement in 1990. The Law School community grieved the loss of this distinguished alumnus upon his …

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From Whence Cometh Our State Appellate Judges: Popular Election Versus The Missouri Plan, Robert L. Brown Jan 1998

From Whence Cometh Our State Appellate Judges: Popular Election Versus The Missouri Plan, Robert L. Brown

University of Arkansas at Little Rock Law Review

No abstract provided.

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Catholic Judges In Capital Cases, John H. Garvey Jan 1998

Catholic Judges In Capital Cases, John H. Garvey

Scholarly Articles

No abstract provided.

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Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie Jan 1998

Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie

UIC Law Review

No abstract provided.

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Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry Jan 1998

Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry

UIC Law Review

No abstract provided.

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Fidelity To Original Preferences: An Application Of Consumer Choice Theory To The Problems Of Legal Interpretation, 31 J. Marshall L. Rev. 1111 (1998), Ahmed M. Saeed Jan 1998

Fidelity To Original Preferences: An Application Of Consumer Choice Theory To The Problems Of Legal Interpretation, 31 J. Marshall L. Rev. 1111 (1998), Ahmed M. Saeed

UIC Law Review

No abstract provided.

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Ruth Bader Ginsburg: Extending The Constitution, 32 J. Marshall L. Rev. 197 (1998), Amy Walsh Jan 1998

Ruth Bader Ginsburg: Extending The Constitution, 32 J. Marshall L. Rev. 197 (1998), Amy Walsh

UIC Law Review

No abstract provided.

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The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger Jan 1998

The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger

Cleveland State Law Review

Only a few legal scholars have attempted to work out what jurisprudence might look like if lawmakers and judges took their religious world-views seriously-and explicitly-in their work, in a way respectful of "the fact of pluralism." My task is to imagine the concrete case: what a judge's jurisprudence might look like if a judge considered the wisdom of his own religious tradition in constitutional cases. This article explores broad jurisprudential themes and specific First Amendment and social welfare opinions of Justice William Rehnquist, who for some years has been a member of a Lutheran congregation, my own denomination. While Justice …

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The Compromise Of '38 And The Federal Courts Today, John H. Robinson Jan 1998

The Compromise Of '38 And The Federal Courts Today, John H. Robinson

Journal Articles

In 1998 the legal community of the United States should stop and take stock of two epochal events in the history of the federal judicial system. One of those events, as readers of a procedure symposium do not need to be told, is the sixtieth anniversary of the introduction of the Federal Rules of Civil Procedure. I shall have more to say about that event presently, but I want first to devote a few paragraphs to a second event, one which proceduralists ignore at their peril. The event I have in mind is the initiation of a new era of …

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La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley Jan 1998

La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley

Scholarly Works

A major problem for those analyzing U.S. criminal law and procedure is that it does not fit the Continental or British mold. There is no one single system, but parallel federal and 50 state systems each with its own legislature, laws, courts (including trial, appellate, and supreme courts), police, prosecutors and prisons. The authorities who enact and implement these laws are sovereign within their respective jurisdictions. Each state has police power over its people. The 10th amendment to the U.S. Constitution controls allocation of federal and state authority. It provides that whatever the Constitution has not designated as being within …

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Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos Jan 1998

Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos

Scholarly Works

This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in how we construct our values and norms, and in how Americans make sense of our chaotic social world. The assumption and mandate of sameness not only influence American culture, they also guide judges' thinking and decision-making in key …

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