Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Duke Law (116)
- Columbia Law School (62)
- Fordham Law School (48)
- Boston University School of Law (45)
- Texas A&M University School of Law (17)
-
- Mitchell Hamline School of Law (12)
- UC Law SF (12)
- University of Maryland Francis King Carey School of Law (12)
- University of Arkansas at Little Rock William H. Bowen School of Law (10)
- University of Louisville (10)
- Barry University School of Law (9)
- University of New Mexico (9)
- Western New England University School of Law (4)
- Brooklyn Law School (3)
- California Western School of Law (2)
- Nova Southeastern University (2)
- Brigham Young University Law School (1)
- Keyword
-
- Judges (54)
- Judicial process (38)
- Courts (30)
- Supreme Court (26)
- Judicial review (22)
-
- Constitutional law (20)
- Judicial opinions (14)
- Appellate courts (11)
- Judges--Evaluation (11)
- Columbia Law Review (8)
- Judges--Selection and appointment (8)
- Law (8)
- Law--Interpretation and construction (8)
- Separation of powers (8)
- Civil procedure (7)
- Empirical (7)
- Judicial power (7)
- Judiciary (7)
- Political questions and judicial power (7)
- SCOTUS (7)
- State courts (7)
- Congress (6)
- Federal courts (6)
- Judicial elections (6)
- Judicial independence (6)
- Stare decisis (6)
- Access to justice (5)
- Civil rights (5)
- Constitution (5)
- Constitutional history (5)
- Publication Year
Articles 361 - 374 of 374
Full-Text Articles in Law
The Non-Precedential Precedent - Limited Publication And No-Citation Rules In The United States Courts Of Appeals, William L. Reynolds, William M. Richman
The Non-Precedential Precedent - Limited Publication And No-Citation Rules In The United States Courts Of Appeals, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
Managing Civil Litigation: The Trial Judge's Role, William W. Schwarzer
Managing Civil Litigation: The Trial Judge's Role, William W. Schwarzer
Faculty Scholarship
No abstract provided.
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
The Standards' Recommendations On Dispositions: A Panel Discussion Panel Discussion, Stanley Z. Fisher
The Standards' Recommendations On Dispositions: A Panel Discussion Panel Discussion, Stanley Z. Fisher
Faculty Scholarship
ROFESSOR STANLEY FISHER, MODERATOR: Good evening. I'd like to welcome you all here. Of all of the volumes of the Juvenile Justice Standards Project, I suppose the most controversial are those dealing with the disposition stage. They have elicited a good deal of critical comment, even though they haven't yet been published, and many of the comments and criticisms have apparently been on the basis of speculation and rumor as to what the Standards actually say. We have with us tonight to discuss these Standards two persons who have a great deal of expertise in this field. The first, on …
Policy, Rights, And Judicial Decision, Kent Greenawalt
Policy, Rights, And Judicial Decision, Kent Greenawalt
Faculty Scholarship
H.L.A. Hart has rightly been recognized as the outstanding contemporary figure in Anglo-American jurisprudence. His deep insight, penetrating analysis, lucid and graceful expression, and wise judgment have illumined every subject to which he has put his hand, and all who are interested in the philosophy of law have been affected by his work. It is a special privilege for me to participate in this issue devoted to publication of his Sibley lecture, because I am one of those who have been fortunate enough to have studied under him. My early efforts were exposed to his searching, but always tactful and …
The Division Of Legal Labor In Rural Haiti, Pnina Lahav
The Division Of Legal Labor In Rural Haiti, Pnina Lahav
Faculty Scholarship
This paper explores the institutional facilities available to Haitian peasants for the settlement of their disputes. More specifically, it compares the institution of the Chef de Section - the lowest administrative appointee in the Haitian countryside and the Justice of the Peace - the lowest ranking judicial institution provided by the Haitian legal system. The paper further advances the hypothesis that at the present time there is a shift in the division of labor between the two institutions, in favor of the Justice of the Peace, and that this shift may be attributed to processes of social differentiation currently detectable …
Discretion And Judicial Decision: The Elusive Quest For The Fetters That Bind Judges, Kent Greenawalt
Discretion And Judicial Decision: The Elusive Quest For The Fetters That Bind Judges, Kent Greenawalt
Faculty Scholarship
"The Judge as a Legislator" is the subtitle of the third of Benjamin Cardozo's famous lectures on The Nature of the Judicial Process, delivered in 1921. Though emphasizing the restraints under which judges should act, Cardozo nevertheless compares the task of the judge with that of the legislator:
The choice of methods, the appraisement of values, must in the end be guided by like considerations for the one as for the other. Each indeed is legislating within the limits of his competence. No doubt the limits for the judge are narrower. He legislates only between gaps. He fills the open …
Private Use Of Public Facilities: A Comment On Gilmore V. City Of Montgomery, Larry Yackle
Private Use Of Public Facilities: A Comment On Gilmore V. City Of Montgomery, Larry Yackle
Faculty Scholarship
Perhaps the principal shortcoming of constitutional adjudication in the Supreme Court of the United States is the Court's recurrent failure to set forth principles of decision that rise above the result reached in any particular case.' The other branches of the national government, the states, the bar, and ultimately the public at large require guidance concerning the pressing constitutional issues of the day. That guidance can come only from the Supreme Court, for, to be sure, "[i]t is emphatically the province and duty of the judicial department to say what the law is."2 To the extent the Court shrinks from …
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 …
Chief Judge Stanley H. Fuld, Michael I. Sovern
Chief Judge Stanley H. Fuld, Michael I. Sovern
Faculty Scholarship
There were Whiz Kids before McNamara, and never more than during the tenure of the late Thomas E. Dewey as District Attorney of New York County. Only thirty-three years old when he became special prosecutor for the investigation of organized crime in New York and thirty-five when he took office as District Attorney in 1937, Dewey surrounded himself with a remarkably talented group of young lawyers. Frank Hogan, for example, was thirty-five in 1937, Charles Breitel all of twenty-eight. Stanley Howells Fuld, who had graduated from the Columbia Law School one year after the District Attorney, was thirty-four. Nine years …
Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar
Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar
Faculty Scholarship
Foreword to Harvard Law Review review of Supreme Court 1969 Term
The Governor's Private Eyes, Tamar Frankel
The Governor's Private Eyes, Tamar Frankel
Faculty Scholarship
In his inaugural speech on January 3, 1967, Florida Governor Claude Kirk declared a War on Crime. For this purpose he announced the creation of a unique War on Crime Program. Its activities were to include a Citizen's Awareness Program, but its main function was directed to the investigation of crimes. As the Program's director, the Governor appointed Mr. George Wackenhut, the president of the Wackenhut Corporation, a large private investigation firm. Mr. Wackenhut agreed to provide his services for one dollar a year; his corporation was simultaneously retained to supply the Program with the necessary administrative facilities and investigative …
Book Review, Michael E. Tigar
Book Review, William W. Van Alstyne
Book Review, William W. Van Alstyne
Faculty Scholarship
This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.