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Articles 1 - 24 of 24
Full-Text Articles in Law
Remarks, Presentation Of 1984 Award To Frank Rich, National Conference Of Christians & Jews, Roger J. Miner '56
Remarks, Presentation Of 1984 Award To Frank Rich, National Conference Of Christians & Jews, Roger J. Miner '56
Tributes & Testimonials
No abstract provided.
The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav
The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav
Faculty Scholarship
No abstract provided.
Hudson Flag Dedication Day, Hudson, Ny, Roger J. Miner '56
Hudson Flag Dedication Day, Hudson, Ny, Roger J. Miner '56
Dedications
No abstract provided.
Letter By Judge Alex Kozinski To Fred Fielding [1984], Alex Kozinski
Letter By Judge Alex Kozinski To Fred Fielding [1984], Alex Kozinski
Historical and Topical Legal Documents
No abstract provided.
The New Amendments To The Federal Rules Of Civil Procedure And Their Effect On Federal Court Practice In The Northern District, Roger J. Miner '56
The New Amendments To The Federal Rules Of Civil Procedure And Their Effect On Federal Court Practice In The Northern District, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
Decision-Making In The United States Court Of Appeals, Roger J. Miner '56
Decision-Making In The United States Court Of Appeals, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
Slavery And The Federal Courts, Roger J. Miner '56
Slavery And The Federal Courts, Roger J. Miner '56
Court Conferences and Events
No abstract provided.
Federal Agency Adjudications: Trying To See The Forest And The Trees, Jeffrey Lubbers
Federal Agency Adjudications: Trying To See The Forest And The Trees, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Continuing Diminished Availability Of Federal Habeas Corpus Review To Challenge State Court Judgments: Lehman V. Lycoming County Children's Servies Agency, Ira P. Robbins, Susan M. Newell
The Continuing Diminished Availability Of Federal Habeas Corpus Review To Challenge State Court Judgments: Lehman V. Lycoming County Children's Servies Agency, Ira P. Robbins, Susan M. Newell
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Tips On Federal Practice, Roger J. Miner '56
The United States District Court For The Northern District Of New York — Its History And Antecedents, Roger J. Miner '56
The United States District Court For The Northern District Of New York — Its History And Antecedents, Roger J. Miner '56
Court Conferences and Events
No abstract provided.
Playing With Numbers: Determining The Majority Of Judges Required To Grant En Banc Sittings In The United States Court Of Appeals, James J. Wheaton
Playing With Numbers: Determining The Majority Of Judges Required To Grant En Banc Sittings In The United States Court Of Appeals, James J. Wheaton
Faculty Publications
This note addresses the effects that these two interests -- majority control of circuit law and judicial integrity -- have on the appropriate definition of majority. Neither legislative history nor Supreme Court constructions of section 46(c) provide an unambiguous rule, and interpretation of the majority requirement remains within the authority of each circuit. The Judicial Conference of the United States, at its meeting in September 1984, recommended that each circuit clearly describe its en banc voting procedures. This note delineates considerations that may assist the circuit courts in their efforts to outline the method by which they should order en …
Hearings On Jury Bias Or Misconduct, Ronald J. Bacigal
Hearings On Jury Bias Or Misconduct, Ronald J. Bacigal
Law Faculty Publications
In the recent cases of Smith v. Phillips, and Rushen v. Spain, the United States Supreme Court recognized that judicial review of ex parte contacts with a sitting jury may raise a number of separate but interrelated constitutional rights: (1) the right to an impartial jury; (2) the right to a due process post-trial hearing on jury bias; (3) a possible due process right to a mid-trial hearing on jury bias; (4) the defendant's right to be present at such mid· trial hearings; and (5) the right to be represented at such mid-trial hearings. As Justice Stevens noted in his …
Book Review, Mark J. Loewenstein
Grading The Judge, William W. Schwarzer
Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, Philip Soper
Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, Philip Soper
Book Chapters
Confronted with standards beyond those obvious in purpose and rule, the positivist, says Dworkin, has two choices. He must either claim that such standards are only discretionary and hence not legally binding, or he may concede their binding status and argue that he identifies them as legal standards through reference, in some more complex way, to his theoretical master test.
There is, however, a third possibility. The positivist might admit that some standards bind judges but explain that they play a role in the legal system sufficiently different from that of ordinary rules and principles to justify excluding them from …
Memorial Ceremony Of Hon. Henry F. Werker, Roger J. Miner '56
Memorial Ceremony Of Hon. Henry F. Werker, Roger J. Miner '56
Memorials and Eulogies
No abstract provided.
Chief Justice Traynor And Criminal Law, Jerome Hall
Chief Justice Traynor And Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman
Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman
All Faculty Scholarship
No abstract provided.
On Complaining About The Burger Court, Robert F. Nagel
On Complaining About The Burger Court, Robert F. Nagel
Publications
No abstract provided.
Controlling The Structural Injunction, Robert F. Nagel
Controlling The Structural Injunction, Robert F. Nagel
Publications
No abstract provided.
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
Publications
No abstract provided.
Collins Seitz: A Noble Career, Stephen B. Burbank
Collins Seitz: A Noble Career, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Articles
A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …