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Full-Text Articles in Legal History
The Genius Of Hamilton And The Birth Of The Modern Theory Of The Judiciary, William M. Treanor
The Genius Of Hamilton And The Birth Of The Modern Theory Of The Judiciary, William M. Treanor
Georgetown Law Faculty Publications and Other Works
In late May 1788, with the essays of the Federalist on the Congress (Article I) and the Executive (Article II) completed, Alexander Hamilton turned, finally, to Article III and the judiciary. The Federalist’s essays 78 to 83 – the essays on the judiciary - had limited effect on ratification. No newspaper outside New York reprinted them, and they appeared very late in the ratification process – after eight states had ratified. But, if these essays had little immediate impact – essentially limited to the ratification debates in New York and, perhaps, Virginia – they were a stunning intellectual achievement. Modern …
La Rebeldía De J.Waldron: ¿Es Democrático El Control Judicial Constitucional?, Joshimar De La Cruz Aroni
La Rebeldía De J.Waldron: ¿Es Democrático El Control Judicial Constitucional?, Joshimar De La Cruz Aroni
Joshimar De la cruz Aroni
Constitutional Law
Judicial Disqualification In The Aftermath Of Caperton V. A.T. Massey Coal Co., Ronald D. Rotunda
Judicial Disqualification In The Aftermath Of Caperton V. A.T. Massey Coal Co., Ronald D. Rotunda
Ronald D. Rotunda
Does Due Process require a judge to disqualify himself if an individual spent independent funds to buy ads that criticized the judge's opponent in a judicial election? The Supreme Court said yes (5 to 4) in the Caperton decision, and thus has created more uncertainty in the law. Does it matter if the person who paid for the independent ads was not a lawyer or a party but was only an employee of the party? And, does it matter if that employee's financial interest in the law suit (if one were to pierce the corporate veil) is minor – substantially …