Legal History Commons^™

Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner

Genocide Studies and Prevention: An International Journal

Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview, and apply more …

Women In Robes 10/04/2018, Roger Williams University School Of Law, Women's Law Society

School of Law Conferences, Lectures & Events

No abstract provided.

Roger Williams University School Of Law And The Women's Law Society Present Women In Robes 10-4-2018, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright

St. Mary's Law Journal

The words justice and judge have similar meanings because they have a common ancestry. They are derived from the same Latin term, jus, which is defined in dictionaries as “right” and “law.” However, those definitions of jus are so broad that they obscure the details of what the term meant when it formed the words that eventually became justice and judge. The etymology of jus reveals the kind of right and law it signified was related to the concepts of restriction and obligation. Vestiges of this sense of jus survived in the meaning of justice and judge. …

The Right To An Independent Judiciary And The Avoidance Of Constitutional Conflict: The Burger Court’S Flawed Reasoning In Chandler V. Judicial Council Of The Tenth Circuit And Its Unfortunate Legacy, Joshua E. Kastenberg

St. Mary's Journal on Legal Malpractice & Ethics

In 1970, the United States Supreme Court issued Chandler v. Judicial Council of the Tenth Circuit in which five Justices determined that the federal courts of appeals possessed an administrative authority to manage the district court judges within an appellate court’s respective circuit. The decision enabled the Tenth Circuit to decide the fitness of a judge to preside over cases without a formal motion from a litigant. Although Congress had enabled the courts of appeals to oversee basic judicial functions (such as temporarily assigning district court judges to overworked districts), Congress did not intend to grant the power to remove …

Interpretation As Statecraft: Chancellor Kent And The Collaborative Era Of American Statutory Interpretation, Farah Peterson

Maryland Law Review

No abstract provided.

Personal Reflections On The Honorable Robert R. Merhige, Jr.: A Judge, Mentor, And Friend, Mary Kelly Tate

University of Richmond Law Review

Twenty-six years—half my lifetime—have passed since I joined Judge Merhige’s court family as his law clerk. I attempt here to sketch my personal impressions, distilling what to me was most remarkable about Robert R. Merhige, Jr. Perhaps unsurprisingly, this dynamic man turned legendary judge—a man I revered from the moment I met him—is more vivid to me now than he was to my younger self.

The Honorable Robert R. Merhige, Jr.: A Series On His Life And Career, Stephen N. Scaife

University of Richmond Law Review

No abstract provided.

The Honorable Robert R. Merhige, Jr.: A Judge Ahead Of His Time, Wayne A. Logan

University of Richmond Law Review

When one thinks about it, it is really quite incredible: a Brooklyn-born son of Lebanese and Irish immigrants with a distinct New York accent, standing well under six feet tall, attends a small North Carolina college on a basketball scholarship; serves with distinction in a bombing squadron in World War II; graduates from the University of Richmond School of Law (paying his way by serving as a night librarian); excels at the practice of law in a city (Richmond) not renowned for its receptivity to Yankees; wins election as president of the city’s Bar; and upon being appointed to the …

The Conscience Of Virginia: Judge Robert R. Merhige, Jr., And The Politics Of School Desegregation, Robert A. Pratt

University of Richmond Law Review

The United States Supreme Court’s 1954 landmark decision in Brown v. Board of Education declared that segregation in public education violated the Fourteenth Amendment to the United States Constitution. For the millions of African Americans who had endured decades of separate and unequal schooling, this decision was a resounding reaffirmation of the nation’s commitment to equal justice under the law. But those who expected segregated schools to end overnight were in for a rude awakening. The National Association for the Advancement of Colored People (“NAACP”), which had led the legal assault against segregation since its founding in 1909, was encouraged …

Judge Merhige's Environmental Decisions: Expert Handling Of Groundbreaking Environmental Rulings And Complex Federal Jurisdictional Questions, Jim Vines

University of Richmond Law Review

It is a special privilege for me to contribute to this edition of the University of Richmond Law Review honoring Judge Robert R. Merhige, Jr. Here, I seek to highlight his contributions to United States environmental law. In 1988 and 1989, I was one of two recent law school graduates who clerked for Judge Merhige (“please call me by my first name; it’s ‘Judge’”). The Judge was a larger than life figure. As a federal trial judge, historically important and intellectually challenging cases seemed to find their way into his court in a volume not matched in many other federal …

When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner

Texas A&M Law Review

In Unequal: How America’s Courts Undermine Discrimination Law (“Unequal”), law professors Sandra F. Sperino and Suja A. Thomas provide a point-by-point analysis of how the federal courts’ interpretations of federal anti-discrimination laws have undermined their efficacy to provide relief to workers whose employers have allegedly engaged in discrimination. The cases’ results are consistently pro-employer, even while the Supreme Court of the United States—a court not known for being particularly pro-plaintiff—has occasionally ruled in favor of plaintiff employees. The authors suggest some reasons for this apparent anti-plaintiff bias among the federal courts, although they do not settle on a particular reason …

Reclaiming A Great Judge's Legacy, Frank M. Coffin

Maine Law Review

In the legal profession a deep sigh of relief is heard over the land. After roughly two decades of incubation, the long-awaited biography of the great judge has arrived, Learned Hand: The Man and the Judge, by Stanford Law Professor Gerald Gunther. The book, in my opinion, is well worth the wait. Nearly 700 pages, plus a hundred more for footnotes, it nevertheless represents a heroic condensation of some 100,000 different items on file at Harvard Law School, including no fewer than 50,000 items of correspondence, 1,000 district court opinions, and nearly 3,000 circuit court opinions. The inventory alone requires …

The University Of Maine School Of Law: An Archival History Of Its Founding And Accreditation, Michael J. Bresnick University Of Maine School Of Law

Maine Law Review

When University Trustees appointed Edward S. Godfrey Dean of the new University of Maine School of Law on January 16, 1962, they did so with the expectation that he would lead the school to accreditation by the American Bar Association (ABA) as quickly as possible. Dean Godfrey proceeded with the complete support of University of Maine President Lloyd H. Elliott and senior administrative officials. By the spring of 1962 the new Dean had begun to staff and equip the school. His efforts were well-rewarded. The ABA House of Delegates provisionally approved the School of Law in February 1964. The speed …

Ed Godfrey And The University Of Maine School Of Law, Donald N. Zillman University Of Maine School Of Law

Maine Law Review

At the end of 1994 Dean Edward S. Godfrey III stepped down from his teaching position as Professor Emeritus of the University of Maine School of Law. In honor of his service to Maine’s only law school, to the Maine Supreme Judicial Court, to the Maine Bar, and to the people of the State of Maine, the Board and Staff dedicate Volume 47 of the Maine Law Review to Dean Edward Godfrey. Reviews by Maine Law School faculty members of Dean Godfrey’s Law Court decisions in several areas of the law follow.

Utah’S Online Dispute Resolution Program, Deno Himonas

Dickinson Law Review (2017-Present)

This article by Utah Supreme Court Justice Deno Himonas describes Utah’s Online Dispute Resolution or ODR system. Launched in September 2018, Utah’s ODR system is available to litigants who have small claims disputes that involve $11,000 or less. The ODR system has been designed to provide “simple, quick, inexpensive and easily accessible justice” that includes “individualized assistance and information that is accessible across a multitude of electronic platforms.”

This article describes the history and philosophy behind Utah’s ODR system and includes a number of screen shots that show what an ODR litigant will see. Utah is the first U.S. state …

Navigating The New York Courts With The Assistance Of A Non-Lawyer, Fern Fisher

Dickinson Law Review (2017-Present)

This Article discusses a program implemented by the New York State Unified Court System in order to address the justice gap for unrepresented litigants. Part I of this Article discusses the process behind creating the New York Navigator’s Program (discussed in more detail Part II), a program designed to help non-lawyer “Navigators” to assist unrepresented litigants in a limited capacity when the litigants appear before different types of state courts. The Navigators must complete training before they are able to assist the litigants. This program has been well received, as Part IV discusses, and has helped more and more unrepresented …

Why The Burger Court Mattered, David A. Strauss

Michigan Law Review

A review of Michael J. Graetz and Linda Greenhouse, The Burger Court and the Rise of the Judicial Right.

The Historical Significance Of Judge Learned Hand: What Endures And Why, Edward A. Purcell Jr.

Articles & Chapters

The 100th anniversary of Judge Learned Hand's opinion in Masses Publishing Co. v. Patten' invites us to look back on its author's long career and to consider his contributions to American law and his significance in the nation's history. Spanning more than fifty years from the presidency of William Howard Taft to the presidency of John F. Kennedy, Hand's judicial career presents an exceptionally rich subject for such reflection.

Legislative History Is Dead; Long Live Legislative History, Genevieve B. Tung

Librarian Scholarship at Penn Law

Review of Victoria Nourse, Misreading Law, Misreading Democracy (Harvard 2016)

Palsgraf V. Long Island R.R.: Its Historical Context, William E. Nelson

Touro Law Review

No abstract provided.

Cardozo, The Canon And Some Critical Thoughts About Pedagogy, Deborah W. Post

Touro Law Review

No abstract provided.

Clerking For God’S Grandfather: Chauncey Belknap’S Year With Justice Oliver Wendell Holmes, Jr., Todd C. Peppers, Ira Brad Matetsky, Elizabeth R. Williams, Jessica Winn

Scholarly Articles

Most of what we know about law clerks comes from the clerks themselves, usually in the form of law review articles memorializing their Justices and their clerkships or in interviews with reporters and legal scholars. In a few instances, however, law clerks have contemporaneously memorialized their experiences in diaries. These materials provide a rare window into the insular world of the Court. While the recollections contained in the diaries are often infused with youthful hero worship for their employer—in contradistinction to Justice Oliver Wendell Holmes, Jr.’s claim that no man is a hero to his valet— they offer a real-time, …

Cardozo, Andrew L. Kaufman

Touro Law Review

No abstract provided.

Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules?, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

The classic version of the exhaustion-of-remedies requirement generally requires a party to go through all the stages of an administrative adjudication before going to court. However, the doctrine has developed a new permutation, covering situations where a petitioner for judicial review did follow all the steps of the administrative appeals process, but had failed to raise in that process the issues now sought to be litigated in court. In those cases, which have been called “issue exhaustion” cases, the thwarted petitioner will likely be out of luck since normally there is no further opportunity to raise the issue at the …

Keeping Up With Your Sister Court: Unpublished Memorandums, No-Citation Rules, And The Superior Court Of Pennsylvania, Logan Hetherington

Dickinson Law Review (2017-Present)

As Pennsylvania’s intermediate appellate court of general jurisdiction, the Pennsylvania Superior Court decides thousands of cases each year. The vast majority of those cases are disposed of via unpublished memorandums. These unpublished memorandums are designated as non-precedential and may not be cited by parties before the Superior Court. As a result, litigants and their counsel may not even persuasively cite an unpublished memorandum in briefs or other papers submitted to the Court. Thus, if counsel finds an unpublished memorandum deciding the identical issue of the case at hand and counsel is before the Superior Court judge who authored that opinion, …

Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman

CMC Senior Theses

Substantive due process is one of the most cherished and elusive doctrines in American constitutional jurisprudence. The understanding that the Constitution of the United States protects not only specifically enumerated rights, but also broad concepts such as “liberty,” “property,” and “privacy,” forms the foundation for some of the Supreme Court’s most impactful—and controversial—decisions.

This thesis explores the constitutional merits and politicizing history of natural rights jurisprudence from its application in Dred Scott v. Sandford to its recent evocation in Obergefell v. Hodges. Indeed, from slavery to same-same sex marriage, substantive due process has played a pivotal role in shaping …

Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine

Touro Law Review

No abstract provided.

Benjamin Cardozo And The Death Of The Common Law, John C. P. Goldberg

Touro Law Review

No abstract provided.

Cardozo And The Civil Jury, Michael D. Green, Ashley Dimuzio

Touro Law Review

No abstract provided.