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Articles 1 - 30 of 54
Full-Text Articles in Law
Justices Could Do Well To Heed A Father’S Example, Alan E. Garfield
Justices Could Do Well To Heed A Father’S Example, Alan E. Garfield
Alan E Garfield
No abstract provided.
Memorial Tribute To Roger J. Kiley, Thomas L. Shaffer
Memorial Tribute To Roger J. Kiley, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Clarence X?: The Black Nationalist Behind Justice Thomas's Constitutionalism, Stephen F. Smith
Clarence X?: The Black Nationalist Behind Justice Thomas's Constitutionalism, Stephen F. Smith
Stephen F. Smith
No abstract provided.
Taking Lessons From The Left?: Judicial Activism On The Right, Stephen F. Smith
Taking Lessons From The Left?: Judicial Activism On The Right, Stephen F. Smith
Stephen F. Smith
No abstract provided.
The Compromise Of '38 And The Federal Courts Today, John H. Robinson
The Compromise Of '38 And The Federal Courts Today, John H. Robinson
John H. Robinson
No abstract provided.
Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison
Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison
Brian C. Murchison
None available.
Clerking For Scrooge, Barry Cushman
Clerking For Scrooge, Barry Cushman
Barry Cushman
During the Supreme Court’s memorable October,1936 term, a young man named John Knox clerked for Justice James Clark McReynolds. Knox kept a diary during the term, and between 1952 and 1963 converted the diary into a 978-page memoir. Yet his own efforts to publish the memoir came to naught. In 1978 he deposited all or a portion of the manuscript at a series of libraries. But there it languished until rescued from obscurity by David Garrow and Dennis Hutchinson, who in 2002 published an edition of the manuscript with the University of Chicago Press. This essay reviews Knox’s remarkable memoir …
Choosing The Judges Who Choose The President, John C. Nagle
Choosing The Judges Who Choose The President, John C. Nagle
John Copeland Nagle
No abstract provided.
"But For The Grace Of God There Go I": Justice Thomas And The Little Guy, Nicole Stelle Garnett
"But For The Grace Of God There Go I": Justice Thomas And The Little Guy, Nicole Stelle Garnett
Nicole Stelle Garnett
This Essay, prepared for a NYU Journal of Law and Liberty symposium on “The Unknown Justice Thomas,” challenges the oft-repeated criticism that Justice Clarence Thomas’s opinions reflect a lack of empathy for the less fortunate. The Essay argues that, on the contrary, Justice Thomas’s opinions are replete with expressions of concern for the “little guy,” which are frequently overlooked or misinterpreted. The Essay explores three themes reflecting this concern in Thomas’s opinions.
A Tribute To Judge Lazer, Rena C. Seplowitz
Getting It Right, Eileen Kaufman
Leon Lazer: The Giant Among Us, Howard Glickstein
Leon Lazer: The Giant Among Us, Howard Glickstein
Howard Glickstein
No abstract provided.
Border Searches In The Age Of Terrorism, Robert M. Bloom
Border Searches In The Age Of Terrorism, Robert M. Bloom
Robert Bloom
This article will first explore the history of border searches. It will look to the reorganization of the border enforcement apparatus resulting from 9/11 as well as the intersection of the Fourth Amendment and border searches generally. Then, it will analyze the Supreme Court's last statement on border searches in the Flores-Montano27 decision, including what impact this decision has had on the lower courts. Finally, the article will focus on Fourth Amendment cases involving terrorism concerns after 9/11, as a means of drawing some conclusions about the effect the emerging emphasis on terrorism and national security concerns will likely have …
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron
Charles H. Baron
In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …
Roscoe Pound Round-Table Discussion, Judith Resnik, Leroy Rountree Hassell Sr., Margaret H. Marshall, Clifford W. Taylor, Lucy A. Dalglish, Luke Bierman, Mark S. Curriden
Roscoe Pound Round-Table Discussion, Judith Resnik, Leroy Rountree Hassell Sr., Margaret H. Marshall, Clifford W. Taylor, Lucy A. Dalglish, Luke Bierman, Mark S. Curriden
Luke Bierman
Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.
Beyond Merit Selection, Luke Bierman
Beyond Merit Selection, Luke Bierman
Luke Bierman
This Article reviews some of the factors that have diminished the appeal of merit selection for judges. It examines why merit selection has never been an entirely successful answer for reformers looking for nonpartisan solutions. It advocates addressing other aspects of the judicial office to promote judicial independence. It concludes by suggesting that there be an educational credential for becoming a judge. Such a solution, it is argued, would offer legitimacy to judicial aspirants and would provide independent, accountable, impartial, and well-trained judges regardless of selection method.
Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman
Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman
Luke Bierman
This article gives an anecdotal account of the authors attempt to apply for a position as a State Court Judge that he saw posted in the newspaper. The article uses the job posting concept as a starting point to argue that the system of judicial appointment in New York needs to be reworked and there needs to be new and creative solutions brought into the discussion.
Antimonopoly And The Radical Lochean Origins Of Western Water Law, Michael Blumm
Antimonopoly And The Radical Lochean Origins Of Western Water Law, Michael Blumm
Michael Blumm
This review of David Schorr's book, The Colorado Doctrine: Water Rights, Corporations, and Distributive Justice on the American Frontier, maintains that the book is a therapeutic corrective to the standard history of the origins of western water law as celebration of economic efficiency and wealth maximization. Schorr's account convincingly contends that the roots of prior appropriation water law--the "Colorado Doctrine"--lie in distributional justice concerns, not in the supposed efficiency advantages of private property over common property. The goals of the founders of the Colorado doctrine, according to Schorr, were to advance Radical Lochean principles such as widespread distibution of water …
The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry
The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry
Todd A. Curry
The study of state courts of last resort is a field which has, up until recently, been significantly underrepresented in political science (Baum 1987, Dubois 1980). The bulk of work in judicial politics over the last fifty years has focused on the federal system. Furthermore, the study of state courts allows for a true comparative analysis. The methods of selection used for the staffing of state courts of last resort are highly varied. There are five distinctly different methods which are used for judicial selection in the states, and many states have institutional nuances that provide further variation for study. …
David Trager: Jurist, Jeffrey B. Morris
On The Occasion Of Leon Lazer’S 90th Birthday, Jeffrey B. Morris
On The Occasion Of Leon Lazer’S 90th Birthday, Jeffrey B. Morris
Jeffrey B. Morris
No abstract provided.
Touched By Greatness, Shruti Rana
The Short Unhappy Judgeship Of Thurman Arnold, Spencer Weber Waller
The Short Unhappy Judgeship Of Thurman Arnold, Spencer Weber Waller
Spencer Weber Waller
No abstract provided.
Alj Control Of The Hearing: What Does An Alj Do About An Unruly Witness Or Obstreperous Attorney?, Allen E. Shoenberger
Alj Control Of The Hearing: What Does An Alj Do About An Unruly Witness Or Obstreperous Attorney?, Allen E. Shoenberger
Allen E Shoenberger
No abstract provided.
Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most “Notorious” Employees, Allen E. Shoenberger
Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most “Notorious” Employees, Allen E. Shoenberger
Allen E Shoenberger
No abstract provided.
The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber
The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber
Mark Graber
This Article offers a more sophisticated account of elite theory that incorporates the crucial insights underlying claims that Justices with life tenure will protect minority rights and claims that the Supreme Court follows the election returns. Put simply, the direction of judicial decision making at a given time reflects the views of the most affluent and highly educated members of the dominant national coalition. The values that animate the elite members of the dominant national coalition help explain the direction of judicial decision making for the last eighty years. During the mid-twentieth century, most Republican and Democratic elites held more …
“Onde Está A Felicidade?", Paulo Ferreira Da Cunha
“Onde Está A Felicidade?", Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?
“Onde Está A Felicidade?", Paulo Ferreira Da Cunha
“Onde Está A Felicidade?", Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?
“Onde Está A Felicidade", Paulo Ferreira Da Cunha
“Onde Está A Felicidade", Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?
Hyperactive Judges: An Empirical Study Of Judge-Dependent "Judicial Hyperactivity" In The Federal Circuit, Ted L. Field
Hyperactive Judges: An Empirical Study Of Judge-Dependent "Judicial Hyperactivity" In The Federal Circuit, Ted L. Field
Ted L. Field
This article presents an empirical study of the extent to which individual judges of the U.S. Court of Appeals for the Federal Circuit—which has exclusive jurisdiction over patent appeals—engage in what William C. Rooklidge and Matthew F. Weil call “judicial hyperactivity.” This article defines “judicial hyperactivity” as a form of judicial activism in which a judge improperly “elevate[s] his or her judgment above that of another constitutionally significant actor (e.g., Congress, the President, [or] other Article III courts),” where this improper behavior is not necessarily driven by politics or ideology as is traditional judicial activism. This study considers the extent …