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Articles 31 - 60 of 70
Full-Text Articles in Law
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 …
Comparative Overview Of Service Of Process: United States, Japan, And Attempts At International Unity, Chin Kim, Eliseo Z. Sisneros
Comparative Overview Of Service Of Process: United States, Japan, And Attempts At International Unity, Chin Kim, Eliseo Z. Sisneros
Vanderbilt Journal of Transnational Law
This Article examines the differing philosophical and legal requirements for service of process in the United States and Japan. Professor Kim and Mr. Sisneros compare service of process laws in the United States, where compliance with the due process clause of the United States Constitution is a fundamental requirement, with service of process laws in Japan, where service of process is an official act of the judiciary. A detailed analysis of valid service of process by a foreign state in Japan follows. The authors then discuss the effect of the Bilateral Consular Convention Between the United States and Japan and …
Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr.
Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr.
UIC Law Review
No abstract provided.
A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli
A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli
UIC Law Review
No abstract provided.
A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli
A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli
UIC Law Review
No abstract provided.
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 …
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.
The Supreme Court In Politics., Terrance Sandalow
The Supreme Court In Politics., Terrance Sandalow
Reviews
Despite all that has been written about the bitter struggle initiated by President Reagan's nomination of Robert Bork to a seat on the Supreme Court, its most remarkable feature, that it was waged over a judicial appointment, has drawn relatively little comment. Two hundred years after the Philadelphia Convention, Hamilton's "least dangerous" branch - least dangerous because it would have "no influence over either the sword or the purse, no direction either of the strength or the wealth of the society, and can take no active resolution whatever"'-had come to occupy so important a place in the nation's political life …
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Touro Law Review
No abstract provided.
Participation By The Public In The Federal Judicial Selection Process, William G. Ross
Participation By The Public In The Federal Judicial Selection Process, William G. Ross
Vanderbilt Law Review
The firestorm ignited by the 1987 nomination of Robert H. Bork provided a vivid reminder that public opinion and organized interest groups can have a potent and even decisive impact upon the selection of United States Supreme Court Justices and other federal judges. Al-though the Constitution vests the prerogative of nomination in the President and the power of confirmation in the Senate, the public also is a partner in the selection process in ways that often extend far beyond the citizenry's election of its President and representatives in the Senate.Public opinion has influenced the judicial selection process throughout the history …
The Hushed Case Against A Supreme Court Appointment: Judge Parker's "New South" Constitutional Jurisprudence, 1925-1933, Peter G. Fish
The Hushed Case Against A Supreme Court Appointment: Judge Parker's "New South" Constitutional Jurisprudence, 1925-1933, Peter G. Fish
Faculty Scholarship
No abstract provided.
Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer
Life And Death Decisions: A Reply To Judge Peccarelli, 23 J. Marshall L. Rev. 569 (1990), Irwin R. Kramer
UIC Law Review
No abstract provided.
Developments In Constitutional Law: The 1988-89 Term, A. Wayne Mackay, Dianne Pothier
Developments In Constitutional Law: The 1988-89 Term, A. Wayne Mackay, Dianne Pothier
Articles, Book Chapters, & Popular Press
This article canvasses the major developments from the 1988-89 term of the Supreme Court of Canada.
In terms of Charter jurisprudence there were major developments concerning equality rights, mobility rights, freedom of expression, and section 7.
More generally, there were also important developments in the federal trade and commerce power and broad hints as to the Supreme Court's leanings in relation to the federal spending power. There is clarification on how both federal and provincial laws affect federal undertakings, and re-affirmation of the ancillary nature of powers in relation to language. The Court reassesses the tests of when a provincial …
Construction On The Road To Recovery: New York Limits Loss Of Enjoyment Of Life, Bonnie Sue Goodman
Construction On The Road To Recovery: New York Limits Loss Of Enjoyment Of Life, Bonnie Sue Goodman
Touro Law Review
No abstract provided.
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.
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 …
The Copyrightability Of Useful Articles: The Second Circuit's Resistance To Conceptual Separability, Sally M. Donahue
The Copyrightability Of Useful Articles: The Second Circuit's Resistance To Conceptual Separability, Sally M. Donahue
Touro Law Review
No abstract provided.
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
Touro Law Review
No abstract provided.
Judicial Self-Defense In The Court Of Public Opinion, Seth Kaberon
Judicial Self-Defense In The Court Of Public Opinion, Seth Kaberon
Loyola University Chicago Law Journal
No abstract provided.
The Hazards Of Proposals To Limit The Tenure Of Federal Judges And To Permit Judicial Removal Without Impeachment, William G. Ross
The Hazards Of Proposals To Limit The Tenure Of Federal Judges And To Permit Judicial Removal Without Impeachment, William G. Ross
Villanova Law Review
No abstract provided.
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.
Review Of "Honorable Justice: The Life Of Oliver Wendell Holmes" By S. Novick, James J. Fishman
Review Of "Honorable Justice: The Life Of Oliver Wendell Holmes" By S. Novick, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
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.
Remarks On Writing Separately, Ruth Bader Ginsburg
Remarks On Writing Separately, Ruth Bader Ginsburg
Washington Law Review
Judge Ginsburg compares the styles of appellate opinion writing in United States courts and in those of Great Britain and the civil law countries. She describes as a "middle way" the United States practice of opinions for the court, sometimes accompanied by separate concurrences and dissents. This practice, she observes, contrasts with the British tradition of seriatim opinions by each member of the bench, and with the single, anonymous judgment characteristic of civil law systems. While noting that the Anglo-United States practice of writing separately has gained adherents in the civil law world, she concludes that judges in the United …
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.
Advice, Consent, And Influence, Robert F. Nagel
Appointment Controversies And The Supreme Court, Stephen Wermiel
Appointment Controversies And The Supreme Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
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.