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Judges

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Articles 181 - 204 of 204

Full-Text Articles in Jurisprudence

Judicial Knowledge, William B. Fisch Jan 1996

Judicial Knowledge, William B. Fisch

Faculty Publications

This paper reviews rules governing the use by judges in United States courts of their personal knowledge - as distinguished from that supplied by the parties in the adjudication of a civil case, whether of the particular facts out of which the dispute arises, or of general information with which the particular facts must be processed, or of law which is to be applied to the particular facts.


Anti-Intellectualism, Pierre Schlag Jan 1995

Anti-Intellectualism, Pierre Schlag

Publications

No abstract provided.


Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross Jan 1993

Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Advocacy And Scholarship, Paul F. Campos Jan 1993

Advocacy And Scholarship, Paul F. Campos

Publications

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …


Three Mistakes About Interpretation, Paul Campos Jan 1993

Three Mistakes About Interpretation, Paul Campos

Publications

No abstract provided.


Name-Calling And The Clear Error Rule, Robert F. Nagel Jan 1993

Name-Calling And The Clear Error Rule, Robert F. Nagel

Publications

No abstract provided.


Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells Mar 1992

Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells

Washington and Lee Law Review

No abstract provided.


Remarks On The Process Of Judging, William H. Rehnquist Mar 1992

Remarks On The Process Of Judging, William H. Rehnquist

Washington and Lee Law Review

No abstract provided.


Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr. Jan 1992

Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.

Touro Law Review

No abstract provided.


The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel Jan 1991

The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel

Scholarly Works

No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often examine …


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers Jan 1991

"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers

Law Faculty Scholarly Articles

Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Retrospective Justification, Jeffrey Malkan Jan 1990

Retrospective Justification, Jeffrey Malkan

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 Jan 1990

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.


Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman Jan 1989

Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman

Touro Law Review

No abstract provided.


Chief Justice Nemetz's Judicial Record: Judicial Decision-Making And Judicial Values, David S. Cohen Jan 1988

Chief Justice Nemetz's Judicial Record: Judicial Decision-Making And Judicial Values, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

Much of Chief Justice Nemetz's life has been devoted to the public good and public service - to the betterment of society through law. Through his judgments and through his contribution to the administration of justice in British Columbia and Canada, he has brought the law closer to every one of us. Few of us can appreciate the degree of sacrifice and dedication to the public good which a life of judging requires. For all these reasons, and out of respect for the dedication of the judiciary, lawyers rarely discuss “judicial values" and particularly the values of a specific judge; …


Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association Jan 1988

Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association

Touro Law Review

No abstract provided.


The Judiciary In A State Of National Crisis With Special Reference To The South African Experience , John Dugard Mar 1987

The Judiciary In A State Of National Crisis With Special Reference To The South African Experience , John Dugard

Washington and Lee Law Review

No abstract provided.


Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein Jan 1987

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.


A Government By Judges: An Historical Re-View, Michael Henry Davis Jan 1987

A Government By Judges: An Historical Re-View, Michael Henry Davis

Law Faculty Articles and Essays

In 1921, Edouard Lambert, a professor of law at Lyon specializing in comparative studies and founder of an Institute of Comparative Law there, published a book, Le Gouvernement des judges et la lutte contra la legislation sociale aux Etats-Unis, thus singlehandedly creating the phrase, a "government of judges", to denote a truly unconstrained system of judicial review which could not be limited even by constitutional amendment. The phrase quickly entered the parlance of French public law and even that of popular culture, deriving much of its force, no doubt, from the historical French aversion to a strong judiciary, eventually becoming …


The Judge, Marianne Wesson Jan 1986

The Judge, Marianne Wesson

Publications

No abstract provided.


The Meaning Of Judicial Self-Restraint, Richard A. Posner Jan 1983

The Meaning Of Judicial Self-Restraint, Richard A. Posner

Indiana Law Journal

No abstract provided.


Book Reviews, Richard G. Singer, Alfred H. Knight, Iii Oct 1968

Book Reviews, Richard G. Singer, Alfred H. Knight, Iii

Vanderbilt Law Review

Counsel on Appeal Edited by Arthur A. Charpentier New York: McGraw-Hill, 1968. Pp. xi, 223.

reviewer: Richard G. Singer

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Law Without Sanctions By Michael Barkun New Haven and London: Yale University Press, 1968. Pp. 175. $6.50

reviewer: Alfred H. Knight, III