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Articles 121 - 128 of 128
Full-Text Articles in Law
Insulating Incumbent Judges From The Vicissitudes Of The Political Arena: Retention Elections As A Viable Alternative, David J. Papier
Insulating Incumbent Judges From The Vicissitudes Of The Political Arena: Retention Elections As A Viable Alternative, David J. Papier
Fordham Urban Law Journal
This Note proposes legislation that would cure many deficiencies in the present system of judicial tenure in New York. First, the Note examines the present retention system for trial court judges in New York State in light of the strict standards of judicial ethics the CJC imposes on sitting judges. Part II analyzes several problems in the current reelection process, focusing on the complex predicament a judicial incumbent faces as a result of having to return to the political arena. Part III then explores three possible alternatives to the present reelection system.' Finally, the Note recommends that the New York …
Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen
Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen
Faculty Scholarship
Judicial appointment of private attorneys as special prosecutors has occurred and is permitted to occur in a variety of contexts other than when the executive branch is faced with a potential or actual conflict of interest. Until recently, the Second Circuit Court of Appeals and, of course, district courts within the Second Circuit, have interpreted Rule 42(b) of the Federal Rules of Criminal Procedure to permit judicial appointment of a private attorney to prosecute conduct allegedly violative of a court order as criminal contempt. Courts have been most active in appointing private attorneys as special prosecutors in cases involving counterfeit …
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Faculty Scholarship
The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Faculty Scholarship
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …
Judicial Overload: The Reasons And The Remedies , Maria Marcus
Judicial Overload: The Reasons And The Remedies , Maria Marcus
Faculty Scholarship
Animosity towards lawyers, perennial in our social history long before Watergate, parallels a contradictory and equally persistent belief in judges as problem-solvers for a variety of personal, economic, educational and political ills. An increasing number of litigants are bringing to the courts not only the class of disputes that has been the traditional fare of judicial decision-making, but also an array of issues that were formerly resolved in private meetings, at hospitals, in schools, or at home. The causes of this explosion of lawsuits and the possible buffers to an eventual implosion in our judicial system will be discussed below
Judicial Selection In New York: A Need For Change, James Edward Lozier
Judicial Selection In New York: A Need For Change, James Edward Lozier
Fordham Urban Law Journal
On February 27, 1974 Chief Judge Charles D. Breitel of the New York State Court of Appeals addressed the New York Legislature regarding the "State of the Judiciary and Judicial System" and presented dramatic proposals for the reform of the New York state court system. In resurrecting the problem of court reform, the Chief Judge focused in part on one particularly controversial area-the selection of the judiciary. New Yorkers, as well as many other Americans, have become increasingly cognizant of the problem of inefficient administration of the judicial system by some of our nation's state and federal judges. A full …
Federal Magistrates And The Implications Of Consensual References, Eileen J. Mccabe
Federal Magistrates And The Implications Of Consensual References, Eileen J. Mccabe
Fordham Urban Law Journal
The significance of the magistrate in the efficient operation of the federal court system makes it important to analyze the extent of the magistrate's powers as well as the limitations placed thereon. This note will examine the matters which may properly be referred to a magistrate and the standard of review which is used when the magistrate's decision goes before the district court. A major consideration in this discussion will be whether parties, by their consent, can expand the scope of magistrate's powers.
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Faculty Scholarship
IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …