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Articles 1 - 30 of 106
Full-Text Articles in Law
Brown And Lawrence (And Goodridge), Michael J. Klarman
Brown And Lawrence (And Goodridge), Michael J. Klarman
Michigan Law Review
One year shy of the fiftieth anniversary of Brown v. Board of Education, the Justices issued another equality ruling that is likely to become a historical landmark. In Lawrence v. Texas, the Court invalidated a state law that criminalized same-sex sodomy. This article contrasts these historic rulings along several dimensions, with the aim of shedding light on how Supreme Court Justices decide cases and how Court decisions influence social reform movements. Part I juxtaposes Brown and Lawrence to illustrate how judicial decisionmaking often involves an uneasy reconciliation of traditional legal sources with broader social and political mores and …
Acknowledgments, R. Kennon Poteat
Acknowledgments, R. Kennon Poteat
University of Richmond Law Review
No abstract provided.
In Memoriam: Judge Robert R. Merhige, Jr., J. Harvie Wilkinson Iii
In Memoriam: Judge Robert R. Merhige, Jr., J. Harvie Wilkinson Iii
University of Richmond Law Review
No abstract provided.
Remembering Judge Merhige, Michael W. Smith
Remembering Judge Merhige, Michael W. Smith
University of Richmond Law Review
No abstract provided.
The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne
The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne
University of Richmond Law Review
No abstract provided.
Preface, R. Kennon Poteat
Tribute To Judge Merhige, Orran L. Brown
Tribute To Judge Merhige, Orran L. Brown
University of Richmond Law Review
No abstract provided.
To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal
To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal
University of Richmond Law Review
No abstract provided.
Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles
Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles
University of Richmond Law Review
No abstract provided.
Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla
Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
What Appellate Judges Do, Rick Sims
What Appellate Judges Do, Rick Sims
The Journal of Appellate Practice and Process
No abstract provided.
Incivility And Unprofessionalism On Appeal: Impugning The Integrity Of Judges, Steven Wisotsky
Incivility And Unprofessionalism On Appeal: Impugning The Integrity Of Judges, Steven Wisotsky
The Journal of Appellate Practice and Process
No abstract provided.
What's The Difference? Comparing The Advocacy Preferences Of State And Federal Appellate Judges, David Lewis
What's The Difference? Comparing The Advocacy Preferences Of State And Federal Appellate Judges, David Lewis
The Journal of Appellate Practice and Process
No abstract provided.
From Earl Warren To Wendell Griffen: A Study Of Judicial Intimidation And Judicial Self-Restraint, Honorable Robert L. Brown
From Earl Warren To Wendell Griffen: A Study Of Judicial Intimidation And Judicial Self-Restraint, Honorable Robert L. Brown
University of Arkansas at Little Rock Law Review
No abstract provided.
Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank
Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank
University of Arkansas at Little Rock Law Review
No abstract provided.
Avoiding The Appearance Of Impropriety: With Great Power Comes Great Responsibility, Cynthia Gray
Avoiding The Appearance Of Impropriety: With Great Power Comes Great Responsibility, Cynthia Gray
University of Arkansas at Little Rock Law Review
No abstract provided.
Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen
Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen
University of Arkansas at Little Rock Law Review
No abstract provided.
Under A Cruel Sun: My Life As A Female Judge And Underground Educator Under The Soviets, The Taliban, And The Americans, Marzia Basel, Dana Michael Hollywood
Under A Cruel Sun: My Life As A Female Judge And Underground Educator Under The Soviets, The Taliban, And The Americans, Marzia Basel, Dana Michael Hollywood
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Testing Minimalism: A Reply, Cass R. Sunstein
Testing Minimalism: A Reply, Cass R. Sunstein
Michigan Law Review
Some judges are less ambitious than others; they have minimalist tendencies. Minimalists are unambitious along two dimensions. First, they seek to rule narrowly rather than broadly. In a single case, they do not wish to resolve other, related problems that might have relevant differences. They are willing to live with the costs and burdens of uncertainty, which they tend to prefer to the risks of premature resolution of difficult issues. Second, minimalists seek to rule shallowly rather than deeply, in the sense that they favor arguments that do not take a stand on the foundational debates in law and politics. …
Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser
Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser
Nevada Law Journal
No abstract provided.
Judicial Predilections, John Paul Stevens
Bayes' Law, Sequential Uncertainties, And Evidence Of Causation In Toxic Tort Cases, Neal C. Stout, Peter A. Valberg
Bayes' Law, Sequential Uncertainties, And Evidence Of Causation In Toxic Tort Cases, Neal C. Stout, Peter A. Valberg
University of Michigan Journal of Law Reform
Judges are the gatekeepers of evidence. Arguably, the most difficult duty for a judicial gatekeeper is to screen the reliability of expert opinions in scientific fields such as medicine that are beyond the ken of most judges. Yet, judges have a duty to scrutinize such expert opinion evidence to determine its reliability and admissibility. In toxic tort cases, the issue of causation-whether the alleged exposures actually caused the plaintiffs injury-is nearly always the central dispute, and determining admissibility of expert causation opinion is a daunting challenge for most judges. We present a comprehensive review of the courts' struggles with the …
Awakening A Slumbering Giant: Georgia's Judicial Selection System After White And Weaver, Camille M. Tribble
Awakening A Slumbering Giant: Georgia's Judicial Selection System After White And Weaver, Camille M. Tribble
Mercer Law Review
Judicial selection, no matter its format, is an inherently political process. In the broadest analysis, judges are selected either directly by a popular election or indirectly by an executive branch appointment. The President of the United States appoints federal judges with the advice and consent of the Senate. In keeping with the states' role as the laboratories of democracy, judicial selection varies widely from state to state. In Georgia, judges are elected in nonpartisan elections along with the general primaries in even-numbered years. In particular, the Georgia Constitution grants the governor the power to appoint a judge when a judgeship …
United States V. Booker: The Demise Of Mandatory Federal Sentencing Guidelines And The Return Of Indeterminate Sentencing, Jonathan Chiu
United States V. Booker: The Demise Of Mandatory Federal Sentencing Guidelines And The Return Of Indeterminate Sentencing, Jonathan Chiu
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review Index Volume Xxxix 2004-2005
University Of Richmond Law Review Index Volume Xxxix 2004-2005
University of Richmond Law Review
No abstract provided.
Judicial Professionalism In A New Era Of Judicial Selection, Patrick Emery Longan
Judicial Professionalism In A New Era Of Judicial Selection, Patrick Emery Longan
Mercer Law Review
On October 22, 2004, the Mercer Law Review and the Mercer Center for Legal Ethics and Professionalism co-sponsored a Symposium on recent developments related to the election of judges. The Symposium was the Fifth Annual Georgia Symposium on Professionalism, the latest in a series of programs funded by a consent order and judgment that settled allegations of litigation misconduct involving the du Pont Corporation several years ago. That order awarded $2.5 million to each of the four ABA-accredited law schools in Georgia to establish professorial chairs devoted to ethics and professionalism, and it also granted each law school $250,000 to …
Perspectives On Judicial Selection, Norman L. Greene
Perspectives On Judicial Selection, Norman L. Greene
Mercer Law Review
The Symposium entitled "Judicial Professionalism in a New Era of Judicial Selection," held on October 22, 2004, at the Walter F. George School of Law of Mercer University in Macon, Georgia, generated important questions on judicial selection reform: how are judges selected, how should they be selected, what makes a good judge, how should we deal with a bad judge, what changes need to be made in judicial selection, where are they being made, how can they be made in other states, and how long will it take to accomplish them. Shall we have a justice system where judgeships are …
Tripping The Rift: Navigating Judicial Speech Fault Lines In The Post-White Landscape, Barbara E. Reed
Tripping The Rift: Navigating Judicial Speech Fault Lines In The Post-White Landscape, Barbara E. Reed
Mercer Law Review
This Article is presented in large part as a synthesis of existing jurisprudence, conventional public policy wisdom, and new approaches to navigating the post-White landscape, including recommendations derived from years of collaboration with judges, lawyers, scholars, policy specialists, and other stakeholders. To a greater or lesser degree, much of what is contained herein is thus subjective and should be approached with that in mind. The views herein, and any errors, are mine alone.