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Articles 1 - 30 of 37
Full-Text Articles in Law
Justice Brennan's Gender Jurisprudence, Rebecca Korzec
Justice Brennan's Gender Jurisprudence, Rebecca Korzec
All Faculty Scholarship
During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.
Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing federal …
The Georgia Jury And Negligence: The View From The Bench, R. Perry Sentell Jr.
The Georgia Jury And Negligence: The View From The Bench, R. Perry Sentell Jr.
Scholarly Works
It is virtually impossible to think seriously about torts and not think of negligence; it is virtually impossible to think seriously about negligence and not think of the jury. The staples of the common-law negligence system--striking a liability profile, and assessing a causal loss--are the staples of the civil jury province. The historic inevitableness of the fact, however, has never put the matter beyond reflection, scrutiny, reconsideration, challenge, nor controversy. Assuredly, controversy.
Groups In Perspectives, Carol Weisbrod
Groups In Perspectives, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
The American Jury At Twenty-Five Years, Valerie P. Hans, Neil Vidmar
The American Jury At Twenty-Five Years, Valerie P. Hans, Neil Vidmar
Cornell Law Faculty Publications
The year 1991 marks the twenty-fifth anniversary of the publication of Harry Kalven, Jr. and Hans Zeisel's classic work, The American Jury. Arguably one of the most important books in the field of law and social science, this research monograph began the modrn field of jury studies and deeply influenced contemporary understanding of the jury as an institution.
In this essay we assess the book from the vantage point of a quarter- century. First, we provide a historical backdrop by reviewing the activities of the University of Chicago's Jury Project that led to the publication of The American Jury …
Remarks: Appellate Advocacy Program, New York County Lawyers Association, Roger J. Miner '56
Remarks: Appellate Advocacy Program, New York County Lawyers Association, Roger J. Miner '56
Bar Associations
No abstract provided.
A Profession At Risk, Roger J. Miner '56
A Profession At Risk, Roger J. Miner '56
Lawyers and the Legal Profession
No abstract provided.
Tribute Dinner Honoring U.S. District Court Judge Howard G. Munson, Roger J. Miner '56
Tribute Dinner Honoring U.S. District Court Judge Howard G. Munson, Roger J. Miner '56
Judges
No abstract provided.
Justice Harlan And The Bill Of Rights: A Dichotomy In Constitutional Analysis, Roger J. Miner '56
Justice Harlan And The Bill Of Rights: A Dichotomy In Constitutional Analysis, Roger J. Miner '56
Endowed/named Lectures and Keynote Addresses
No abstract provided.
Thurgood Marshall And The Administrative State, Jonathan Weinberg
Thurgood Marshall And The Administrative State, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
Making Judicial Nominees Answer Senate Questions, John Paul Jones
Making Judicial Nominees Answer Senate Questions, John Paul Jones
Law Faculty Publications
Prof. Jones discusses the congressional powers to conduct investigations and compel answers from individuals versus the prospective judge's interest in impartiality in the of judicial nomination hearings.
Judicial Discretion And The 1983 Amendments To The Federal Civil Rules, Carl W. Tobias
Judicial Discretion And The 1983 Amendments To The Federal Civil Rules, Carl W. Tobias
Law Faculty Publications
The first section of this Article briefly describes the developments which created the perception that the federal courts were experiencing a litigation explosion and which ultimately led to the promulgation of the 1983 amendments as one response to the perceived explosion. It also examines the substantive content of those changes, especially how the revisions enlarged federal judicial discretion. The second section evaluates the courts' implementation of the 1983 amendments and finds that this application has adversely affected numerous litigants, particularly civil rights plaintiffs, while providing some benefits, namely fostering more expeditious dispute resolution.
The third section provides suggestions for the …
Judicial Misconduct During Jury Deliberations, Bennett L. Gershman
Judicial Misconduct During Jury Deliberations, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The author considers the two principal types of improper judicial behavior that may occur during the jury deliberation process. Judicial conduct that attempts to place undue pressure on a jury to reach a verdict may include verdict-urging instructions, threats and intimidation, and inquiry into the numerical division of the jury on the merits of the verdict. Judicial participation in private, ex parte communications with jurors may also subvert orderly trial procedure and undermine the impartiality of the jury. Neither kind of judicial conduct may be allowed to compel a verdict from a jury.
A Tribute To Peter S. Popovich, James F. Hogg
A Tribute To Peter S. Popovich, James F. Hogg
Faculty Scholarship
A tribute to Peter S. Popovich, Chief Justice of the Minnesota Supreme Court 1989-1990 and William Mitchell College of Law alumni.
Federal Habeas Review Of New York Convictions: Relieving The Tensions, Roger J. Miner '56
Federal Habeas Review Of New York Convictions: Relieving The Tensions, Roger J. Miner '56
Bar Associations
No abstract provided.
Preface, The More Things Change, Roger J. Miner '56
Preface, The More Things Change, Roger J. Miner '56
Federal Court System and Administration
No abstract provided.
Planning For The Second Century Of The Second Circuit Court Of Appeals: The Report Of The Federal Courts Study Committee, Roger J. Miner '56
Planning For The Second Century Of The Second Circuit Court Of Appeals: The Report Of The Federal Courts Study Committee, Roger J. Miner '56
Federal Court System and Administration
No abstract provided.
In Memoriam -- The Honorable William J. Jameson, J. Martin Burke
In Memoriam -- The Honorable William J. Jameson, J. Martin Burke
Faculty Law Review Articles
This article is a tribute to the Honorable William J. Jameson, long-time Montana judge.
Review Of Cardozo: A Study In Reputation, By R. Posner, Richard D. Friedman
Review Of Cardozo: A Study In Reputation, By R. Posner, Richard D. Friedman
Reviews
Judge Richard Posner has written a genial book about one of our greatest judicial icons, Benjamin N. Cardozo.1 He seeks not only to assess the merits of Cardozo's writings, both on and off the bench, but also to measure, and determine the causes of, Cardozo's reputation. The book is an outgrowth of a lecture series,2 and it reveals its origins in at least two ways. First, the book attempts to reach a mixed audience, composed of both lawyers and laypeople, and in this aspect it is very successful. Nonlawyers, I believe, will have little difficulty following Judge Posner's essential arguments, …
O'Connor: A Dual Role - An Introduction, Stephen Wermiel
O'Connor: A Dual Role - An Introduction, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Justice William J. Brennan, Jr. - The Moral Force Of His Language, Bennett L. Gershman
Justice William J. Brennan, Jr. - The Moral Force Of His Language, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The enduring strength of Justice William J. Brennan Jr.'s constitutional vision is a tribute to his extraordinary scholarship and powerful logic. His opinions will be studied, cited, and honored for generations for their immense contribution to the constitutional protection of individual rights. But there is a further dimension to his jurisprudence that has always struck me - the moral force of his language. Justice Brennan's eloquent, passionate, and compassionate prose constantly exhorts us to a higher moral plane. To the disadvantaged, the accused, the dissident, and the condemned, Justice Brennan's words are a timeless anthem of sustenance and hope.
Specialized Courts In Administrative Law, Harold H. Bruff
Specialized Courts In Administrative Law, Harold H. Bruff
Publications
No abstract provided.
The Politics Of Crisis In The Federal Courts, Lauren K. Robel
The Politics Of Crisis In The Federal Courts, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
More Women Named Federal Judges, Carl W. Tobias
More Women Named Federal Judges, Carl W. Tobias
Law Faculty Publications
The essay initially assesses information pertinent to President Bush's record of appointments to the federal bench during his first three years in office. The prospects for future appointment of women are explored next. Finding these prospects inconclusive, this essay suggests that President Bush continue employing the constructive measures initiated during his administration's third year to name additional women while seriously considering the possibility of instituting even more vigorous efforts to appoint women in the future. Finally, the essay examines why greater numbers of women should be placed on the federal courts and how that goal can be attained.
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
Faculty Scholarship
The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …
Legal Process And Judges In The Real World, Peter L. Strauss
Legal Process And Judges In The Real World, Peter L. Strauss
Faculty Scholarship
It is gratifying, reading through a paper and noting here and there points that you might like to make, to find that by the end the author has anticipated them and made them well. This paper sneaks up on you. If at the outset it seems to be accepting that Justice Scalia has a jurisprudence of statutory interpretation that coheres and restrains, by the end it has shown the self-contradictions and decidedly political and institutional stakes in the textualist position the Justice appears to have been carving out for himself.
I am not going to address Professor Zeppos's account of …
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …
Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein
Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
It is a special privilege, and a personal joy, for me to have the opportunity to contribute a piece honoring such a revered figure. I make no claim to scholarly objectivity. My premise is simple: William J. Brennan has given us a legacy of first amendment decisions, concurrences, and dissents that reflect great honor on the jurist. My portion of this Festschrift provides selected examples of Justice Brennan's contribution, and concludes by thanking him for serving, through his opinions, as a mentor for me throughout my career as a teacher of constitutional law.
One Hundred Years Of Influence On National Jurisprudence: Second Circuit Court Of Appeals Decisions Reviewed By The United States Supreme Court, Roger J. Miner '56
One Hundred Years Of Influence On National Jurisprudence: Second Circuit Court Of Appeals Decisions Reviewed By The United States Supreme Court, Roger J. Miner '56
Endowed/named Lectures and Keynote Addresses
No abstract provided.
The Role Of Legal Scholars In The Confirmation Hearings For Supreme Court Nominees—Some Reflections, Thomas B. Mcaffee
The Role Of Legal Scholars In The Confirmation Hearings For Supreme Court Nominees—Some Reflections, Thomas B. Mcaffee
Scholarly Works
Until recently legal scholars have traditionally not been much involved in the process of confirming Justices. As the legal and political ideology of prospective Justices have come to play an important role in the process of nomination and confirmation, however, it is perhaps inevitable that legal scholars would also become more involved. At least since the nomination of Judge Bork, legal scholars have contributed in unprecedented numbers both to the Senate's deliberation process and to the public debate over the fitness of the nominees to the Court. The Bork hearings themselves were, of course, the watershed, and they remain, for …
Immunity From Regulatory Price Squeeze Claims: From Keogh, Parker, And Noerr To Town Of Concord And Beyond, Keith A. Rowley
Immunity From Regulatory Price Squeeze Claims: From Keogh, Parker, And Noerr To Town Of Concord And Beyond, Keith A. Rowley
Scholarly Works
On September 21, 1990, the First Circuit handed down its decision in Town of Concord, Massachusetts v. Boston Edison Co. This case, the most recent in a growing line of court of appeals decisions examining the antitrust implications of public utility rate structures, represents the first time a United States court of appeals has unequivocally stated that an antitrust action based upon a “price squeeze” could not be maintained against a utility whose wholesale and retail rates were both fully regulated. Town of Concord notwithstanding, the courts are far from agreeing whether investor-owned electric or natural gas utilities are immune …