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Articles 1 - 30 of 65
Full-Text Articles in Law
Judge Posner's Jurisprudence Of Skepticism, Steven J. Burton
Judge Posner's Jurisprudence Of Skepticism, Steven J. Burton
Michigan Law Review
This essay suggests that there is an instructive incompleteness in Judge Posner's transition from scientific observer to legal actor. His legal skepticism should be understood as a legacy of his days as an inquiring economist, observing and forming beliefs about law and the judicial process from the academy. His affirmation of judicial practices stems from his new respect for practical reason, which seems to result from the experience of performing judicial duties. This essay will argue that a more complete assimilation of the practical perspective of the legal actor would undercut Judge Posner's arguments for legal skepticism.
Practical Legal Studies And Critical Legal Studies, Jay M. Feinman
Practical Legal Studies And Critical Legal Studies, Jay M. Feinman
Michigan Law Review
The basic questions that Practical Legal Studies confronts are how judges decide cases and how judges should decide cases. The traditional analytic response to these questions has been that judges apply formal methods of legal reasoning, and the formal methods sufficiently comport with the courts' role in the political structure to provide legitimacy. That response has been untenable for a generation or more; thus PLS has moved to informal legal reasoning as a description of adjudication and as a source of legitimacy.
Posner presents a two-part response to the questions. First, judges can relatively easily arrive at the correct decision …
One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.
One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.
North Carolina Central Law Review
No abstract provided.
The Judge Who Could Not Tell His Right From His Left And Other Tales Of Learning Disabilities, Jeffry Gallet
The Judge Who Could Not Tell His Right From His Left And Other Tales Of Learning Disabilities, Jeffry Gallet
Buffalo Law Review
No abstract provided.
Lord Mansfield And Negotiable Instruments, Jane D. Samson
Lord Mansfield And Negotiable Instruments, Jane D. Samson
Dalhousie Law Journal
In any system of judge-made law the longevity, education and character of a judge have enhanced significance. The idea of a judge personifies Justice, blinded and impartial, but the law he creates will inevitably be infused with his personality. Where an individual develops an entire system of law, his contribution to legal history can be overwhelming. Lord Mansfield remains a case in point.
Judicial Discipline And Due Process In Washington State—In Re Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987), Stephen Hobbs
Judicial Discipline And Due Process In Washington State—In Re Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987), Stephen Hobbs
Washington Law Review
This Note evaluates recent developments in Washington State concerning due process rights in judicial disciplinary proceedings. The focus is on In re Deming, a recent disciplinary case decided by the Washington Supreme Court. The analysis by the court in Deming highlights the conflict between the desire to discipline wayward judges and the need to protect the autonomy of the judiciary. The historical and procedural background of the Deming case is discussed first, and then three important procedural issues raised in the opinion are analyzed. The Note concludes that, although the court's broad due process holdings lack foundation, its specific …
Judicial Discipline And Due Process In Washington State—In Re Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987), Stephen Hobbs
Judicial Discipline And Due Process In Washington State—In Re Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987), Stephen Hobbs
Washington Law Review
This Note evaluates recent developments in Washington State concerning due process rights in judicial disciplinary proceedings. The focus is on In re Deming, a recent disciplinary case decided by the Washington Supreme Court. The analysis by the court in Deming highlights the conflict between the desire to discipline wayward judges and the need to protect the autonomy of the judiciary. The historical and procedural background of the Deming case is discussed first, and then three important procedural issues raised in the opinion are analyzed. The Note concludes that, although the court's broad due process holdings lack foundation, its specific procedural …
The Wind River Litigation: Effects Of The Wyoming Supreme Court’S Decision On The Wind River Reservation’S Water Use And Implications For Other Reservations’ Water Rights, David M. Dornbusch
The Wind River Litigation: Effects Of The Wyoming Supreme Court’S Decision On The Wind River Reservation’S Water Use And Implications For Other Reservations’ Water Rights, David M. Dornbusch
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
11 pages.
The Wind River Litigation: Quantification And Implementation, Gordon W. Fassett
The Wind River Litigation: Quantification And Implementation, Gordon W. Fassett
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
19 pages.
Taxation In Indian Country, Richard B. Collins
Taxation In Indian Country, Richard B. Collins
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
11 pages.
The Process Of Decision-Making In Tribal Courts, Tom Tso
The Process Of Decision-Making In Tribal Courts, Tom Tso
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
11 pages.
Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.
Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements; financing; mineral …
Naturalization Ceremony: Dutchess County Bar Association, Roger J. Miner '56
Naturalization Ceremony: Dutchess County Bar Association, Roger J. Miner '56
Naturalization Ceremonies
No abstract provided.
Justice And Judges, Joseph L. Daly
Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis
Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis
Michigan Law Review
A Review of In the Best Interests of the Child by Joseph Goldstein, Anna Freud, Albert J. Solnit, and Sonja Goldstein
Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney
Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney
Washington Law Review
By 1880 Congress had passed nearly 3000 statutes granting or regulating parts of the public domain. Administrative and judicial case loads increased correspondingly, as many thousands of claims had to be verified and recorded and growing numbers of disputes adjudicated. This article recalls an early far-west chapter of the story, a remarkable series of decisions by Oregon federal district Judge Matthew P. Deady interpreting the cornerstone of Pacific Northwest public land law, the 1850 Oregon Donation Act. Although Deady decided other public land law questions as well, it is his Donation Act decisions helping to determine ownership of the Portland …
The Jurisprudence Of Skepticism, Richard A. Posner
The Jurisprudence Of Skepticism, Richard A. Posner
Michigan Law Review
The skeptical vein in American thinking about law runs from Holmes to the legal realists to the critical legal studies movement, while behind Holmes stretches a European skeptical legal tradition that runs from Thrasymachus (in Plato's Republic) to Hobbes and Bentham and beyond. Against the skeptics can be arrayed a vast number of natural lawyers, legal conventionalists, and formalists, including Cicero, Coke, Blackstone, and Langdell, not to mention the majority of contemporary lawyers, judges, and law professors. This article will set forth and defend a moderately skeptical approach to law and judging, one not so far-reaching as that of …
Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney
Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney
Washington Law Review
By 1880 Congress had passed nearly 3000 statutes granting or regulating parts of the public domain. Administrative and judicial case loads increased correspondingly, as many thousands of claims had to be verified and recorded and growing numbers of disputes adjudicated. This article recalls an early far-west chapter of the story, a remarkable series of decisions by Oregon federal district Judge Matthew P. Deady interpreting the cornerstone of Pacific Northwest public land law, the 1850 Oregon Donation Act. Although Deady decided other public land law questions as well, it is his Donation Act decisions helping to determine ownership of the Portland …
Appellate Practice In The Second Circuit Court Of Appeals, Roger J. Miner '56
Appellate Practice In The Second Circuit Court Of Appeals, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56
Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56
Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56
Court Conferences and Events
No abstract provided.
The Work Of The Federal Courts, Roger J. Miner '56
The Work Of The Federal Courts, Roger J. Miner '56
Federal Court System and Administration
No abstract provided.
Developing A Consensus Of Constraint: A Judge's Perspective On Judicial Retention Elections, Joseph R. Grodin
Developing A Consensus Of Constraint: A Judge's Perspective On Judicial Retention Elections, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
Dedication Of The James T. Foley United States Courthouse, Roger J. Miner '56
Dedication Of The James T. Foley United States Courthouse, Roger J. Miner '56
Judges
No abstract provided.
One From Many, Roger J. Miner '56
Panel On Aids In The Workplace, Insurance And Education —Introduction And Discussion Of Education Issues, Roger J. Miner '56
Panel On Aids In The Workplace, Insurance And Education —Introduction And Discussion Of Education Issues, Roger J. Miner '56
Court Conferences and Events
No abstract provided.
State Judicial Conduct Organizations, Jeffrey M. Shaman
State Judicial Conduct Organizations, Jeffrey M. Shaman
Kentucky Law Journal
No abstract provided.
Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas Arthur
Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas Arthur
Faculty Articles
This Article will demonstrate the superiority of the statutory approach for producing more stable and consistent antitrust law. Part I details the development of the constitutional approach to antitrust, demonstrating how the rise of the pragmatic and instrumentalist view of law led to the displacement of the original statutory approach to antitrust. Part II illustrates that the constitutional approach fundamentally cannot produce workable antitrust law. It summarizes both the doctrinal disarray that continues to plague each major area of antitrust law and the irreconcilable policy prescriptions of the contending antitrust "schools." Part III presents an alternative, statutory approach to antitrust …
Has The Time Come For Judicial Sabbaticals, Ira P. Robbins
Has The Time Come For Judicial Sabbaticals, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.