Law Commons^™

Section 1: Profiles Of The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Judging And Diversity: Justice Or Just Us?, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

It is clear that the inevitable is upon us: as a society Canada is undergoing significant social change and law, as a social institution and mode of social interaction and regulation, cannot be immune to such changes. I want to suggest to you that these transitions are more than statistical - they are cultural and in that sense they will generate significant changes, indeed challenges, to our conventional ways of doing things. Change is of course somewhat unnerving, even disturbing or threatening, but I want to ask what sort of responses are available to us as we attempt to continue …

The Polyphonic Courtroom: Expanding The Possibilities Of Judicial Discourse, Robert Rubinson

All Faculty Scholarship

This Article draws upon the ideas of Mikhail Bakhtin to critique judicial discourse as embodied in written opinions. Judicial opinions are typically monologues which reject exploration of complex issues of meaning in favor of simply justifying a result. Opinions should instead be part of a continuing dialogue whose hallmark is exploration, not simplification - what the Article characterizes as "polyphonic," Polyphonic opinions should embrace dialogue and complexity and recognize the validity of multiple perspectives. This goal can not simply be willed, however, because cognition by necessity simplifies. To meet this challenges, the Article concludes with recommendations for "judicial calisthenics," including …

Impermeable Federalism, Pragmatic Silence, And The Long Range Plan For The Federal Courts, Lauren K. Robel

Indiana Law Journal

Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts

Federal Court Long Range Planning: Fine Lines And Tightropes, Sarah Evans Barker

Indiana Law Journal

Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts

Proposed Long Range Plan For The Federal Courts: Ambition Or Abdication?, Myra C. Selby

Indiana Law Journal

Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts

Judicial Ethics, Law Clerks And Politics, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Issues And Outcomes, Guidance, And Indeterminacy: A Reply To Professor John Rogers And Others, David G. Post, Steven C. Salop

Vanderbilt Law Review

There is now a small but growing literature on the proper voting procedure for multijudge panels. Professor John Rogers began the most recent round of thinking about these vexing issues, arguing that a judge on a multimember panel should never "vote against the result of his or her own reasoning by deferring to a majority on a sub-issue on which the judge differs." We responded, arguing in favor of just such action, which we labeled "issue voting." We criticized Professor Rogers's preferred mode of multimember court adjudication, which we labeled "outcome voting," on the grounds that it provided limited guidance …

Dream Makers: Black Judges On Justice, Julian Abele Cook Jr.

Michigan Law Review

A Review of Linn Washington, Black Judges on Justice

Rhode Island's Judicial Nominating Commission: Can Reform Become Reality?, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.

Xenophilia In American Courts, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Foreigner! The word says it all. Verging on the politically incorrect, the expression is full of connotation and implication. A foreigner will face bias. By such a thought process, many people believe that litigants have much to fear in courts foreign to them. In particular, non-Americans fare badly in American courts. Foreigners believe this. Even Americans believe this.

Such views about American courts are understandable. After all, the grant of alienage jurisdiction to the federal courts, both original and removal, constitutes an official assumption that xenophobic bias is present in state courts. As James Madison said of state courts: “We …

Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont

Cornell Law Faculty Publications

No abstract provided.

Trial By Jury Or Judge: Which Is Speedier?, Theodore Eisenberg, Kevin M. Clermont

Cornell Law Faculty Publications

Many take as a given that jury-tried cases consume more time than judge-tried cases. Judge Richard Posner of the Seventh Circuit, for example, opines: “Court queues are almost always greatest for parties seeking civil jury trials. This makes economic sense. Such trials are more costly than bench trials both because of jury fees (which … understate the true social costs of the jury) and because a case normally takes longer to try to a jury than to a judge …. Parties are therefore “charged” more for jury trials by being made to wait in line longer.”

A close reading reveals …

A Tribute To Retiring Chief Justice Malcolm M. Lucas, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.

Eulogy: Hamilton Fish, Jr., Roger J. Miner '56

Memorials and Eulogies

No abstract provided.

Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii

Faculty Publications

In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles …

Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.

Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds

Faculty Scholarship

No abstract provided.

Double Jeopardy

Touro Law Review

No abstract provided.

An Unsuccessful Attempt To Restore Justice George Sutherland's Tarnished Reputation: A Review Essay, Gary C. Leedes

University of Richmond Law Review

Justice George Sutherland (1862-1942) is the subject and hero of Professor Hadley Arkes's laudatory new biography. Arkes portrays Sutherland as a judge "who had found the ground of [his] jurisprudence in 'natural rights." Although history has not treated the Justice kindly, Arkes attempts to reverse history's verdict.

Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi

Publications

No abstract provided.

New Certiorari And A National Study Of The Appeals Courts, Carl W. Tobias

Law Faculty Publications

Elitism, Expediency, and the New Certiorari: Requiem for the Learned Hand Tradition is a thought-provoking critique of the United States Courts of Appeals. Professors William Richman and William Reynolds maintain that dramatic increases in appellate filings have transformed the appeals courts during the last quarter-century, prompting systemic constriction of procedural opportunities, particularly for parties with few resources or little power. The authors find these changes profoundly troubling and propose that Congress radically expand the number of appellate judges.

Individuals and institutions, such as expert study committees, which have analyzed the federal courts, agree with much of the authors' descriptive assessment. …

The Judiciary And Presidential Power In Foreign Affairs: A Critique, David Gray Adler

Richmond Journal of Law and the Public Interest

The aim of the first section is to examine the judiciary's contribution to executive hegemony in the area of foreign affairs as manifested in Supreme Court rulings regarding executive agreements, travel abroad, the war power, and treaty termination. In the second section of this article, I provide a brief explanation of the policy underlying the Constitutional Convention's allocation of foreign affairs powers and argue that those values are as relevant and compelling today as they were two centuries ago. In the third section, I contend that a wide gulf has developed in the past fifty years between constitutional theory and …

A Tribute To Justice Roger O. Debruler, Frank Sullivan Jr.

Indiana Law Journal

No abstract provided.

Rule 706: Court Appointed Experts

Touro Law Review

No abstract provided.

Why We Honor John Marshall - A Brief Retrospective, 29 J. Marshall L. Rev. 567 (1996), Arthur J. Sabin

UIC Law Review

No abstract provided.

To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard

UIC Law Review

No abstract provided.

Mistake Of Federal Criminal Law: A Study Of Coaltions And Costly Information, Erin O'Hara O'Connor, Richard S. Murphy

Scholarly Publications

This article analyzes Supreme Court and other federal court cases, to explain the seemingly disparate incorporation of mistake of law excuses into federal criminal statutes. Most of the cases can be explained from an information cost perspective. If an easily separable subset of the regulated population cannot be induced to learn their legal obligations given credibly low prior probabilities and high information costs, they are excused from criminal liability. Moreover, when criminal statutes are vulnerable to constituent protest, courts require that enforcers increase awareness of the law through information subsidies rather than convicting the ignorant. At least with mistake of …

Cardozo's Allegheny College Opinion: A Case Study In Law As An Art, Michael Townsend

Articles

This Article consists of two related pieces. One piece considers interpretations of Cardozo's opinion in Allegheny College v. National Chautauqua County Bank. Cardozo commonly is placed among the greatest American judges, but his "analysis in Allegheny College is regularly criticized as contrived and artificial." This Article attempts to resuscitate the reputation of his analysis by placing the case in its historical and doctrinal context. The other piece continues the elaboration of a framework introduced in a previous article for thinking about law as a discipline. Central to this framework is a particular conception of the western intellectual tradition in …