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Judges

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2005

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Articles 1 - 30 of 106

Full-Text Articles in Law

Brown And Lawrence (And Goodridge), Michael J. Klarman Dec 2005

Brown And Lawrence (And Goodridge), Michael J. Klarman

Michigan Law Review

One year shy of the fiftieth anniversary of Brown v. Board of Education, the Justices issued another equality ruling that is likely to become a historical landmark. In Lawrence v. Texas, the Court invalidated a state law that criminalized same-sex sodomy. This article contrasts these historic rulings along several dimensions, with the aim of shedding light on how Supreme Court Justices decide cases and how Court decisions influence social reform movements. Part I juxtaposes Brown and Lawrence to illustrate how judicial decisionmaking often involves an uneasy reconciliation of traditional legal sources with broader social and political mores and …


Acknowledgments, R. Kennon Poteat Nov 2005

Acknowledgments, R. Kennon Poteat

University of Richmond Law Review

No abstract provided.


In Memoriam: Judge Robert R. Merhige, Jr., J. Harvie Wilkinson Iii Nov 2005

In Memoriam: Judge Robert R. Merhige, Jr., J. Harvie Wilkinson Iii

University of Richmond Law Review

No abstract provided.


Remembering Judge Merhige, Michael W. Smith Nov 2005

Remembering Judge Merhige, Michael W. Smith

University of Richmond Law Review

No abstract provided.


The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne Nov 2005

The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne

University of Richmond Law Review

No abstract provided.


Preface, R. Kennon Poteat Nov 2005

Preface, R. Kennon Poteat

University of Richmond Law Review

No abstract provided.


Annual Survey 2005: Contents Nov 2005

Annual Survey 2005: Contents

University of Richmond Law Review

No abstract provided.


To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal Nov 2005

To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal

University of Richmond Law Review

No abstract provided.


Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles Nov 2005

Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles

University of Richmond Law Review

No abstract provided.


Tribute To Judge Merhige, Orran L. Brown Nov 2005

Tribute To Judge Merhige, Orran L. Brown

University of Richmond Law Review

No abstract provided.


Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla Nov 2005

Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


What Appellate Judges Do, Rick Sims Oct 2005

What Appellate Judges Do, Rick Sims

The Journal of Appellate Practice and Process

No abstract provided.


Incivility And Unprofessionalism On Appeal: Impugning The Integrity Of Judges, Steven Wisotsky Oct 2005

Incivility And Unprofessionalism On Appeal: Impugning The Integrity Of Judges, Steven Wisotsky

The Journal of Appellate Practice and Process

No abstract provided.


What's The Difference? Comparing The Advocacy Preferences Of State And Federal Appellate Judges, David Lewis Oct 2005

What's The Difference? Comparing The Advocacy Preferences Of State And Federal Appellate Judges, David Lewis

The Journal of Appellate Practice and Process

No abstract provided.


Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen Oct 2005

Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen

University of Arkansas at Little Rock Law Review

No abstract provided.


From Earl Warren To Wendell Griffen: A Study Of Judicial Intimidation And Judicial Self-Restraint, Honorable Robert L. Brown Oct 2005

From Earl Warren To Wendell Griffen: A Study Of Judicial Intimidation And Judicial Self-Restraint, Honorable Robert L. Brown

University of Arkansas at Little Rock Law Review

No abstract provided.


Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank Oct 2005

Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank

University of Arkansas at Little Rock Law Review

No abstract provided.


Under A Cruel Sun: My Life As A Female Judge And Underground Educator Under The Soviets, The Taliban, And The Americans, Marzia Basel, Dana Michael Hollywood Oct 2005

Under A Cruel Sun: My Life As A Female Judge And Underground Educator Under The Soviets, The Taliban, And The Americans, Marzia Basel, Dana Michael Hollywood

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Avoiding The Appearance Of Impropriety: With Great Power Comes Great Responsibility, Cynthia Gray Oct 2005

Avoiding The Appearance Of Impropriety: With Great Power Comes Great Responsibility, Cynthia Gray

University of Arkansas at Little Rock Law Review

No abstract provided.


Testing Minimalism: A Reply, Cass R. Sunstein Oct 2005

Testing Minimalism: A Reply, Cass R. Sunstein

Michigan Law Review

Some judges are less ambitious than others; they have minimalist tendencies. Minimalists are unambitious along two dimensions. First, they seek to rule narrowly rather than broadly. In a single case, they do not wish to resolve other, related problems that might have relevant differences. They are willing to live with the costs and burdens of uncertainty, which they tend to prefer to the risks of premature resolution of difficult issues. Second, minimalists seek to rule shallowly rather than deeply, in the sense that they favor arguments that do not take a stand on the foundational debates in law and politics. …


Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser Sep 2005

Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser

Nevada Law Journal

No abstract provided.


Judicial Predilections, John Paul Stevens Sep 2005

Judicial Predilections, John Paul Stevens

Nevada Law Journal

No abstract provided.


Bayes' Law, Sequential Uncertainties, And Evidence Of Causation In Toxic Tort Cases, Neal C. Stout, Peter A. Valberg Jul 2005

Bayes' Law, Sequential Uncertainties, And Evidence Of Causation In Toxic Tort Cases, Neal C. Stout, Peter A. Valberg

University of Michigan Journal of Law Reform

Judges are the gatekeepers of evidence. Arguably, the most difficult duty for a judicial gatekeeper is to screen the reliability of expert opinions in scientific fields such as medicine that are beyond the ken of most judges. Yet, judges have a duty to scrutinize such expert opinion evidence to determine its reliability and admissibility. In toxic tort cases, the issue of causation-whether the alleged exposures actually caused the plaintiffs injury-is nearly always the central dispute, and determining admissibility of expert causation opinion is a daunting challenge for most judges. We present a comprehensive review of the courts' struggles with the …


University Of Richmond Law Review Index Volume Xxxix 2004-2005 May 2005

University Of Richmond Law Review Index Volume Xxxix 2004-2005

University of Richmond Law Review

No abstract provided.


Awakening A Slumbering Giant: Georgia's Judicial Selection System After White And Weaver, Camille M. Tribble May 2005

Awakening A Slumbering Giant: Georgia's Judicial Selection System After White And Weaver, Camille M. Tribble

Mercer Law Review

Judicial selection, no matter its format, is an inherently political process. In the broadest analysis, judges are selected either directly by a popular election or indirectly by an executive branch appointment. The President of the United States appoints federal judges with the advice and consent of the Senate. In keeping with the states' role as the laboratories of democracy, judicial selection varies widely from state to state. In Georgia, judges are elected in nonpartisan elections along with the general primaries in even-numbered years. In particular, the Georgia Constitution grants the governor the power to appoint a judge when a judgeship …


Contents May 2005

Contents

University of Richmond Law Review

No abstract provided.


United States V. Booker: The Demise Of Mandatory Federal Sentencing Guidelines And The Return Of Indeterminate Sentencing, Jonathan Chiu May 2005

United States V. Booker: The Demise Of Mandatory Federal Sentencing Guidelines And The Return Of Indeterminate Sentencing, Jonathan Chiu

University of Richmond Law Review

No abstract provided.


The Appeal, Alex Kozinski, Alexander Volokh May 2005

The Appeal, Alex Kozinski, Alexander Volokh

Michigan Law Review

Appeal from the United States District Court. Hermann Bendemann, District Judge, Presiding. Argued and Submitted July 3, 1926. Filed May 1, 2005. Before: Alex K., Bucephalus and Godot, Circuit Judges. Opinion by Judge Alex K.


Against Interpretive Supremacy, Saikrishna Prakash, John Yoo May 2005

Against Interpretive Supremacy, Saikrishna Prakash, John Yoo

Michigan Law Review

Many constitutional scholars are obsessed with judicial review and the many questions surrounding it. One perennial favorite is whether the Constitution even authorizes judicial review. Another is whether the other branches of the federal government must obey the Supreme Court's interpretation of the Constitution and what, if anything, the other branches must do to execute the judiciary's judgments. Marbury v. Madison has been a full-employment program for many constitutional law scholars, including ourselves. Larry Kramer, the new Dean of Stanford Law School, shares this passion. He has devoted roughly the last decade of his career, with two lengthy law review …


Rule-Oriented Realism, Emily Sherwin May 2005

Rule-Oriented Realism, Emily Sherwin

Michigan Law Review

In his new book The Law and Ethics of Restitution, Hanoch Dagan undertakes to explain and justify the American law of restitution. He offers a broad theoretical account of this poorly understood subject, designed not only to fortify the substantive law of restitution but also to clarify the role and methodology of courts in developing the field. Dagan's book also provides lively discussion of the role of restitution in some of the most highly publicized legal developments of recent years. Those who think of restitution as an obscure branch of "legal remedies" may be surprised to read about the …