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1995

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Articles 1 - 30 of 105

Full-Text Articles in Law

Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, William H. Rehnquist Oct 1995

Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, William H. Rehnquist

William & Mary Law Review

No abstract provided.


Thurgood Marshall, Daniel Pollitt Oct 1995

Thurgood Marshall, Daniel Pollitt

North Carolina Central Law Review

No abstract provided.


Clarence Thomas: Evasive Or Deceptive, Anton Bell Oct 1995

Clarence Thomas: Evasive Or Deceptive, Anton Bell

North Carolina Central Law Review

No abstract provided.


New York Law School Reporter, Vol 11, No. 2, October 1995, New York Law School Oct 1995

New York Law School Reporter, Vol 11, No. 2, October 1995, New York Law School

Student Newspapers

No abstract provided.


Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, J. Michael Luttig Oct 1995

Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, J. Michael Luttig

William & Mary Law Review

No abstract provided.


The Honorable Warren E. Burger, The Fifteenth Chief Justice Of The United States Supreme Court And Twentieth Chancellor Of The College Of William And Mary: Introductory Remarks, Timothy J. Sullivan Oct 1995

The Honorable Warren E. Burger, The Fifteenth Chief Justice Of The United States Supreme Court And Twentieth Chancellor Of The College Of William And Mary: Introductory Remarks, Timothy J. Sullivan

William & Mary Law Review

No abstract provided.


Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, Sandra Day O'Connor Oct 1995

Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, Sandra Day O'Connor

William & Mary Law Review

No abstract provided.


Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie Sep 1995

Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie

University of the District of Columbia Law Review

Judges sitting on the Superior Court of the District of Columbia routinely order children into secure detention who require no more restrictive confinement than that provided by shelter care. Despite a statutory presumption against detention, and a superior court rule that prohibits substituting secure detention for shelter care,' the District inappropriately places children into secure detention simply because there is a lack of bed space in youth shelter houses. The deprivation of liberty that occurs when a juvenile is placed in secure detention rather than shelter care is required neither for the protection of the community nor for the welfare …


Section 1: Justices' Profiles, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1995

Section 1: Justices' Profiles, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Tribute For The Honorable James M. Sprouse, Sam J. Ervin Iii Sep 1995

Tribute For The Honorable James M. Sprouse, Sam J. Ervin Iii

West Virginia Law Review

No abstract provided.


One Kind Of Legacy: Judge Sprouse's Law Clerks, Geraldine Szott Moohr Sep 1995

One Kind Of Legacy: Judge Sprouse's Law Clerks, Geraldine Szott Moohr

West Virginia Law Review

No abstract provided.


Judge James M. Sprouse, Forest J. Bowman Sep 1995

Judge James M. Sprouse, Forest J. Bowman

West Virginia Law Review

No abstract provided.


James M. Sprouse, J. Harvie Wilkinson Iii Sep 1995

James M. Sprouse, J. Harvie Wilkinson Iii

West Virginia Law Review

No abstract provided.


Tribute To Judge Sprouse, Francis D. Murnaghan Jr. Sep 1995

Tribute To Judge Sprouse, Francis D. Murnaghan Jr.

West Virginia Law Review

No abstract provided.


Gentleman Jim, J. Dickson Phillips Jr. Sep 1995

Gentleman Jim, J. Dickson Phillips Jr.

West Virginia Law Review

No abstract provided.


Exorcising The Evil Of Forum-Shopping, Kevin M. Clermont, Theodore Eisenberg Sep 1995

Exorcising The Evil Of Forum-Shopping, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Most of the business of litigation comprises pretrial disputes. A common and important dispute is over where adjudication should take place. Civil litigators deal with nearly as many change-of-venue motions as trials. The battle over venue often constitutes the critical issue in a case.

The American way is to provide plaintiffs with a wide choice of venues for suit. But the American way has its drawbacks. To counter these drawbacks, an integral part of our court systems, and in particular the federal court system, is the scheme of transfer of venue "in the interest of justice." However, the leading evaluative …


Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss Jul 1995

Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss

Indiana Law Journal

No abstract provided.


Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley Jul 1995

Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley

Indiana Law Journal

No abstract provided.


The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi Jun 1995

The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi

Cornell Law Faculty Publications

This Essay surveys three major transformations in state and federal rules of evidence since the introduction of the Federal Rules of Evidence. The Rules have not only inspired a movement toward codification in the states, they have also liberalized the admission of expert testimony and hearsay. This partially explains thirteen states' reluctance to codify. Judges have furthered this trend by admitting far more discretionary hearsay evidence than Congress intended. Professor Rossi doubts this expansion of the hearsay exceptions would have occurred without the adoption of the FRE and suggests that the newly formed Advisory Committee will produce greater substantive changes …


Politics And The Judiciary: The Influence Of Judicial Background On Case Outcomes, Orley Ashenfelter, Theodore Eisenberg, Stewart J. Schwab Jun 1995

Politics And The Judiciary: The Influence Of Judicial Background On Case Outcomes, Orley Ashenfelter, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications

It is widely believed that the background and worldview of judges influence their decisions. This article uses the fact that judges are assigned their cases randomly to assess the effect of judicial background on the outcome of cases from the day-to-day docket in three federal trial courts. Unlike the political science findings of ideological influence in published opinions, we find little evidence that judges differ in their decisions with respect to the mass of case outcomes. Characteristics of the judges or the political party of the judge's appointing president are not significant predictors of judicial decisions.


Justice Lewis F. Powell And The Jurisprudence Of Centrism, Mark Tushnet May 1995

Justice Lewis F. Powell And The Jurisprudence Of Centrism, Mark Tushnet

Michigan Law Review

A Review of Justice Lewis F. Powell, Jr by John C. Jeffries, Jr.


A Modern Hamlet In The Judicial Pantheon, Charles Alan Wright May 1995

A Modern Hamlet In The Judicial Pantheon, Charles Alan Wright

Michigan Law Review

A Review of Learned Hand: The Man and the Judge by Gerald Gunther


Hugo Black Among Friends, Dennis J. Hutchinson May 1995

Hugo Black Among Friends, Dennis J. Hutchinson

Michigan Law Review

A Review of Hugo Black: A Biography by Roger K. Newman


Justice Oliver Wendell Holmes: Law And The Inner Self, Michael A. Carrier May 1995

Justice Oliver Wendell Holmes: Law And The Inner Self, Michael A. Carrier

Michigan Law Review

A Review of Justice Oliver Wendell Holmes: Law and the Inner Self by G. Edward White


W Stories: Women In Leadership Positions In The Judiciary, Deanell Reece Tacha Apr 1995

W Stories: Women In Leadership Positions In The Judiciary, Deanell Reece Tacha

West Virginia Law Review

No abstract provided.


A Tribute To Justice Thomas B. Miller, Ancil G. Ramey Apr 1995

A Tribute To Justice Thomas B. Miller, Ancil G. Ramey

West Virginia Law Review

No abstract provided.


Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow Mar 1995

Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow

Michigan Law Review

In Part I of this article, we examine the global puzzle of the Self-Incrimination Clause and the local confusion or perversion lurking behind virtually every key word and phrase in the clause as now construed. In Part II we elaborate our reading of the clause and show how it clears up the local problems and solves the overall puzzle.


"Separateness But Interdependence, Autonomy But Reciprocity": A First Look At Federal Judges' Appearances Before Legislative Committees, Harvey Rishikof, Barbara A. Perry Mar 1995

"Separateness But Interdependence, Autonomy But Reciprocity": A First Look At Federal Judges' Appearances Before Legislative Committees, Harvey Rishikof, Barbara A. Perry

Mercer Law Review

The Founding Fathers established judicial independence as a central tenet of the Constitution of the United States in order to insulate federal judges from the President, the Congress, and the electorate. Yet because of the complicated nature of the Constitution and overlapping powers, the judiciary has not remained totally isolated from the legislative process. Our research has discovered hundreds of instances of federal jurists testifying before congressional committees on subjects such as court administration, federal jurisdiction, budgetary policy, and pending legislation in a variety of fields. Indeed, our findings buttress a key argument of Justice Robert H. Jackson's concurring opinion …


Federal Judicial Independence: Constitutional And Political Perspectives, Martin H. Redish Mar 1995

Federal Judicial Independence: Constitutional And Political Perspectives, Martin H. Redish

Mercer Law Review

Since the nation's beginning, the concept of federal judicial independence has been almost as confusing to political and constitutional theorists as it is fundamental to the successful operation of our form of constitutional democracy. On the one hand, the Constitution's framers consciously chose to insulate members of the federal judiciary from at least the most acute forms of potential political pressure by expressly providing for the protection of their salary and tenure. On the other hand, the framers simultaneously provided the groundwork to facilitate the exercise of seemingly substantial congressional control of the jurisdiction of the federal courts, thereby potentially …


Reply: Self-Incrimination And The Constitution: A Brief Rejoinder To Professor Kamisar, Akhil Reed Amar, Renée B. Lettow Mar 1995

Reply: Self-Incrimination And The Constitution: A Brief Rejoinder To Professor Kamisar, Akhil Reed Amar, Renée B. Lettow

Michigan Law Review

A Reply to Yale Kamisar's Response to the "Fifth Amendment Principles: The Self-Incrimination Clause"