Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Judges (6)
- Jurisdiction (5)
- Judge (4)
- Judiciary (4)
- Article III (3)
-
- Courts (3)
- Elections (3)
- Judicial review (3)
- Judicial selection (3)
- Scalia (3)
- Supreme court (3)
- Abortion (2)
- Adjudicative fairness (2)
- Administrative law (2)
- Agency review (2)
- Antonin Scalia (2)
- Bias (2)
- Comparative law (2)
- Congress (2)
- Due process (2)
- Federal Magistrates Act (2)
- Federal Rules of Civil Procedure (2)
- Full case jurisdiction (2)
- Judicial Bias (2)
- Judicial conduct (2)
- Judicial elections (2)
- Judicial ethics (2)
- Judicial power (2)
- Jurisprudence (2)
- Juror bias (2)
- Publication Year
- Publication
- Publication Type
Articles 61 - 72 of 72
Full-Text Articles in Law
The Role Of A Judge In Modern Society: Some Reflections On Current Practice In Federal Appellate Adjudication, Harry T. Edwards
The Role Of A Judge In Modern Society: Some Reflections On Current Practice In Federal Appellate Adjudication, Harry T. Edwards
Cleveland State Law Review
In a recent article, I addressed one aspect of the complex of issues facing federal judges--the problems allegedly attendant upon the "bureaucratization" of the decision-making process at the appellate level. The present paper considers a different set of questions: taking as given the current organization, jurisdiction, and caseload of the federal courts, how might appellate judges alter their habits and attitudes so as to perform better their allotted tasks and how might Congress alter its own practices so as to facilitate the refinement and more effective utilization of appellate adjudication? The ensuing discussion of those topics is divided into three …
Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone
Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone
Cleveland State Law Review
I shall examine and criticize three of the many judicial decisions in the area of law and medicine. These cases are Doe v. Bolton, Superintendent of Belchertown State School v. Saikewicz, and Rogers v. Commissioner of the Department of Mental Health. Those of you who like to think of the law as reason and justice tempered by mercy will be offended by what I have to say; but I shall be evenhanded. Those of you who think of medicine as science and art tempered by compassion will also be offended. My justification for the critical and polemical thesis I shall …
Gates, Leon, And The Compromise Of Adjudicative Fairness (Part I): A Dialogue On Prejudicial Concurrences, Joel Jay Finer
Gates, Leon, And The Compromise Of Adjudicative Fairness (Part I): A Dialogue On Prejudicial Concurrences, Joel Jay Finer
Cleveland State Law Review
This two-part Article is about certain qualities of fairness –those qualities that although subtle, are central to the idea and spirit of justice in adjudication. This Article is about how those qualities were subverted in the process by which the doctrine of United States v. Leon became law. Part I of the Article –A Dialogue on Prejudicial Concurrences–published herein, suggests that several members of the Leon majority (particularly its author, Justice White) were unable to impartially adjudicate the constitutional question because of pre-decisional gratuitous opinions (from the bench) on the subject. More specifically, the Dialogue explores the virtually unquestioned assumption …
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
Cleveland State Law Review
Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
Cleveland State Law Review
Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.
Prefatory Remark, Dorothy W. Nelson
Prefatory Remark, Dorothy W. Nelson
Cleveland State Law Review
There are three prime roles the trial judge should play in clinical legal education: (1) to become involved with the education of the students, (2) to engage with students in a vigorous examination of the judicial process, and (3) to examine critically the educational process in the law schools and its relationship to the courts.
Perceptions Of Judicial Responsibility: The Views Of The Nine United States Supreme Court Justices As They Consider Claims In Fourteenth Amendment Noncriminal Cases: A Post-Bakke Evaluation, Arthur R. Landever
Law Faculty Articles and Essays
In this article, the author sketches each Justice by examining his expressed attitudes and silent concurrences in fourteenth amendment noncriminal cases, as well as his remarks in other, non-court settings. While judicial behavioralists have employed quantitative techniques focusing upon analysis of voting records, the author believes that use of the lawyer's traditional method--case and opinion examination-is more appropriate here. Each Justice's composite should tell us not only something about the individual Justice's views, but also something about the views of key blocs on the Court. By such an effort, we learn more about the range of the possible in urging …
Justice Harold H. Burton And The Work Of The Supreme Court, David N. Atkinson
Justice Harold H. Burton And The Work Of The Supreme Court, David N. Atkinson
Cleveland State Law Review
Harold H. Burton served for thirteen years on the United States Supreme Court during a turbulent period of innovative constitutional policymaking. Hard working and open-minded, he was inevitably involved in the cross currents of small group interaction within the Supreme Court. Consequently, the purpose of this essay -relying on law clerk questionnaires and interviews -is to describe and evaluate his intra-Court behavior.
Abuse Of Attorneys By Judges, Francis G. Homan Jr.
Abuse Of Attorneys By Judges, Francis G. Homan Jr.
Cleveland State Law Review
Popular notions have it that almost all misconduct in the courtroom is attributable to attorneys. Yet many practitioners before the bar have suffered abuse by members of the judiciary. How frequently this occurs is not known, but sometimes incidents of non-judicial conduct are revealed in other than case reports.
The Judicial Process, Lee E. Skeel
The Judicial Process, Lee E. Skeel
Cleveland State Law Review
The judicial process is that technique by which coherent direction of thought on the basic principles of social rights and duties is made available for judicial officers. It is the duty of such officers diligently to seek out the rules which must be used as the bases of judgment. The sources from which they must seek help are as wide and varied as the sum total of past and present human experience.
Book Review, Anthony R. Fiorette
Book Review, Anthony R. Fiorette
Cleveland State Law Review
Reviewing Vern Countryman, Douglas of the Supreme Court, A Selection of His Opinions, Doubleday & Company, Inc., 1959
Book Review, Marcella Matejka
Book Review, Marcella Matejka
Cleveland State Law Review
Reviewing Alpheus Thomas Mason, Harlan Fiske Stone: Pillar of the Law, The Viking Press, 1956