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Articles 1 - 30 of 38
Full-Text Articles in Law
Citizenship And Scholarship (Review Essay), George Kannar
Citizenship And Scholarship (Review Essay), George Kannar
Book Reviews
Review of Robert H. Bork, The Tempting of America: The Political Seduction of the Law (1990); Ethan Bronner, Battle for Justice: How the Bork Nomination Shook America (1989); Michael Pertschuk & Wendy Schaetzel, The People Rising: The Campaign Against the Bork Nomination (1989); Patrick B. mcGuigan & Dawn M. Weyrich, Ninth Justice: The Battle for Bork (1990).
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
The Theory And Practice Of Defending Judges Against Unjust Criticism, Ronald J. Bacigal
The Theory And Practice Of Defending Judges Against Unjust Criticism, Ronald J. Bacigal
Law Faculty Publications
Having set forth the above premise and conclusion, the American Bar Association Subcommittee on Unjust Criticism of the Bench promulgated a model program for bar associations to follow when countering inaccurate or unjust criticism of judges. This article presents no quarrel with the model program but instead seeks to relate the model to an empirical account of how it might operate in practice. It must be remembered that the acid test of a theoretical model is not whether the theory is "true" in a purely academic sense but whether the model is useful in describing the "real world. " In …
Taking The Court Seriously: A Proposed Approach To Senate Confirmation Of Supreme Court Nominees, Gary J. Simson
Taking The Court Seriously: A Proposed Approach To Senate Confirmation Of Supreme Court Nominees, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars
Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
31 pages (includes illustrations).
Contains references.
Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.
Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.
The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …
Ringing The Bell, Roger J. Miner '56
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …
The Constitutional Catechism Of Antonin Scalia, George Kannar
The Constitutional Catechism Of Antonin Scalia, George Kannar
Journal Articles
No abstract provided.
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Law Practice
No abstract provided.
Eulogy: Irving Price, Roger J. Miner '56
Remarks, J.R. Scully Retirement Luncheon, Roger J. Miner '56
Remarks, J.R. Scully Retirement Luncheon, Roger J. Miner '56
Tributes & Testimonials
No abstract provided.
The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz
The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Systemic Due Process: Procedural Concepts And The Problem Of Recusal, 38 U. Kan. L. Rev. 381 (1990), Paul B. Lewis
Systemic Due Process: Procedural Concepts And The Problem Of Recusal, 38 U. Kan. L. Rev. 381 (1990), Paul B. Lewis
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Federal Judiciary Engendered, Carl W. Tobias
The Federal Judiciary Engendered, Carl W. Tobias
Law Faculty Publications
The dearth of women named to cabinet level positions in the George H.W. Bush Administration does not augur well for appointment of women to the federal bench. Equally discouraging was Mr. Bush's campaign response to the question whether there should be special efforts to select more women for the federal judiciary: "[I] remain committed to appointing to the bench the best qualified candidates we can find-regardless of ... gender--and the record shows that we have been successful in fulfilling this commitment. " The record compiled by the Administration in which he served as Vice-President for two terms was deplorable.
To …
Book Review, Richard B. Collins
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Publications
No abstract provided.
A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien
A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien
Faculty Works
No abstract provided.
Progressive And Conservative Constitutionalism, Robin West
Progressive And Conservative Constitutionalism, Robin West
Georgetown Law Faculty Publications and Other Works
American constitutional law in general, and fourteenth amendment jurisprudence in particular, is in a state of profound transformation. The "liberal-legalist" and purportedly politically neutral understanding of constitutional guarantees that dominated constitutional law and theory during the fifties, sixties, and seventies, is waning, both in the courts and in the academy. What is beginning to replace liberal legalism in the academy, and what has clearly replaced it on the Supreme Court, is a very different conception - a new paradigm - of the role of constitutionalism, constitutional adjudication, and constitutional guarantees in a democratic state. Unlike the liberal-legal paradigm it is …
State Crime In The Federal Forum, Roger J. Miner '56
State Crime In The Federal Forum, Roger J. Miner '56
Criminal Law
No abstract provided.
State Crime In The Federal Forum, Roger J. Miner '56
State Crime In The Federal Forum, Roger J. Miner '56
Federalist Society
No abstract provided.
Justice Harlan's Conservatism And Altenative Possibilities, Kent Greenawalt
Justice Harlan's Conservatism And Altenative Possibilities, Kent Greenawalt
Faculty Scholarship
Bruce Ackerman and Charles Fried's rich essays address the subject of Justice Harlan as a conservative. One who comes to this topic has in mind questions like: Was Justice Harlan a conservative? If so, what kind of a conservative was he? How did his judicial actions exemplify a conservative approach? Most importantly, is his conservatism an appealing model for modern judicial practice?
Professors Ackerman and Fried's slices on this topic reflect their own casts of mind and philosophies of judging. Fried looks at a broad range of Justice Harlan's opinions and sets them against particular conservative qualities that Fried commends. …
Judging The Judges: Three Opinions, James Boyd White
Judging The Judges: Three Opinions, James Boyd White
Articles
For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision? The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …
The Perceived Authority Of Law In Judging Constitutional Cases, Kent Greenawalt
The Perceived Authority Of Law In Judging Constitutional Cases, Kent Greenawalt
Faculty Scholarship
The purpose of this conference is a dialogue between scholars and judges about judging. Because judges have many opportunities to read what scholars think, and scholars don't very often have this kind of chance to hear judges reflect on their own experiences and perspectives, I expect the main benefit to go to us scholars. However, for many questions of jurisprudential interest, figuring out what relevance different judicial experiences might have is complicated, and extensive discussion may be necessary to learn what really matters.
I shall focus on a question that has lain at. the center of jurisprudential discussion in the …
Book Review. Judicial Rhetoric And Administrative Law, John S. Applegate
Book Review. Judicial Rhetoric And Administrative Law, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Caseload And Judging: Judicial Adaptations To Caseload, Lauren K. Robel
Caseload And Judging: Judicial Adaptations To Caseload, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Memorial Service: Judge James T. Foley, Roger J. Miner '56
Memorial Service: Judge James T. Foley, Roger J. Miner '56
Judges
No abstract provided.
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Publications
No abstract provided.
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Faculty Scholarship
A century ago Oliver Wendell Holmes, Jr., examined the history of negligence in search of a general theory of tort. He concluded that from the earliest times in England, the basis of tort liability was fault, or the failure to exercise due care. Liability for an injury to another arose whenever the defendant failed "to use such care as a prudent man would use under the circumstances.” A decade ago Morton J. Horwitz reexamined the history of negligence for the same purpose and concluded that negligence was not originally understood as carelessness or fault. Rather, negligence meant "neglect or failure …