Law Commons^™

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 Federal Magistrates Act: A New Article Iii Analysis For A New Breed Of Judicial Officer, Brendan Linehan Shannon

William & Mary Law Review

No abstract provided.

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.

The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello

Florida State University Law Review

No abstract provided.

Cardozo: A Study In Reputation. By Richard A. Posner, Joseph E. Claxton

Mercer Law Review

Biography, wrote the great American historian Barbara Tuchman, is "a prism of history," useful as a genre of literature because of two factors. First, "biography attracts and holds the reader's interest in the larger subject." Second, in its best form it provides a structure within which intellectual analysis may find parameters that, far from being restrictive, actually provide a necessary channel for bringing the larger subject matter (a subject matter that transcends the life and work of one individual) into perspective. In Tuchman's words:

[Bliography is useful because it encompasses the universal in the particular. It is a focus that …

Way Beyond Candor, Gail Heriot

Michigan Law Review

Scott Altman's excellent article, Beyond Candor, causes me to pose this query: Does his theory contain not only the seeds of its own rejection, but perhaps also (if I am not careful) the seeds of the rejection of its rejection?

Altman tells us of the orthodox view that judges should be encouraged to be both honest with the public and honest with themselves about how they arrive at their decisions. Through this combination of public candor and critical introspection, judges will produce better judicial opinions and ultimately a better legal system, or so the argument runs.

Electing Justice, Sol Wachtler

Michigan Law Review

A Review of In Pursuit of Justice: Reflections of a State Supreme Court Justice by Joseph R. Grodin

Abe Fortas: A Biography, Michael F. Colosi

Michigan Law Review

A Review of Abe Fortas: A Biography by Laura Kalman

The New York Law School Reporter, Vol 8, No. 2, May 1991, New York Law School

Student Newspapers

No abstract provided.

Groups In Perspectives, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

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 …

Sexual Harassment By Judges, Marina Angel

University of Miami Law Review

No abstract provided.

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

Lawyers and the Legal Profession

No abstract provided.

Tribute Dinner Honoring U.S. District Court Judge Howard G. Munson, Roger J. Miner '56

Judges

No abstract provided.

The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel

Scholarly Works

No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often examine …

The "Whys" And "Whynots" Of Judicial Comments On Evidence In Jury Trials, Allen Hartman Justice

Loyola University Chicago Law Journal

No abstract provided.

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.

Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Thurgood Marshall And The Administrative State, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

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

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 …

The Illinois Code Of Judicial Conduct And The Appearance Of Impropriety, Jeffrey M. Shaman

Loyola University Chicago Law Journal

No abstract provided.

The First Amendment, Burt Neuborne

Touro Law Review

No abstract provided.

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

Faculty Scholarship

A tribute to Peter S. Popovich, Chief Justice of the Minnesota Supreme Court 1989-1990 and William Mitchell College of Law alumni.

Judicial Ethics: Political Activity And Fund Raising, Marlene Arnold Nicholson

Loyola University Chicago Law Journal

No abstract provided.

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

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

Articles in Law Reviews & Other Academic Journals

No abstract provided.