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Articles 1 - 30 of 69
Full-Text Articles in Law
Section 1: Profiles Of The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Profiles Of The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Judging And Diversity: Justice Or Just Us?, Richard F. Devlin Frsc
Judging And Diversity: Justice Or Just Us?, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
It is clear that the inevitable is upon us: as a society Canada is undergoing significant social change and law, as a social institution and mode of social interaction and regulation, cannot be immune to such changes. I want to suggest to you that these transitions are more than statistical - they are cultural and in that sense they will generate significant changes, indeed challenges, to our conventional ways of doing things. Change is of course somewhat unnerving, even disturbing or threatening, but I want to ask what sort of responses are available to us as we attempt to continue …
The Polyphonic Courtroom: Expanding The Possibilities Of Judicial Discourse, Robert Rubinson
The Polyphonic Courtroom: Expanding The Possibilities Of Judicial Discourse, Robert Rubinson
All Faculty Scholarship
This Article draws upon the ideas of Mikhail Bakhtin to critique judicial discourse as embodied in written opinions. Judicial opinions are typically monologues which reject exploration of complex issues of meaning in favor of simply justifying a result. Opinions should instead be part of a continuing dialogue whose hallmark is exploration, not simplification - what the Article characterizes as "polyphonic," Polyphonic opinions should embrace dialogue and complexity and recognize the validity of multiple perspectives. This goal can not simply be willed, however, because cognition by necessity simplifies. To meet this challenges, the Article concludes with recommendations for "judicial calisthenics," including …
Impermeable Federalism, Pragmatic Silence, And The Long Range Plan For The Federal Courts, Lauren K. Robel
Impermeable Federalism, Pragmatic Silence, And The Long Range Plan For The Federal Courts, Lauren K. Robel
Indiana Law Journal
Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts
Proposed Long Range Plan For The Federal Courts: Ambition Or Abdication?, Myra C. Selby
Proposed Long Range Plan For The Federal Courts: Ambition Or Abdication?, Myra C. Selby
Indiana Law Journal
Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts
Federal Court Long Range Planning: Fine Lines And Tightropes, Sarah Evans Barker
Federal Court Long Range Planning: Fine Lines And Tightropes, Sarah Evans Barker
Indiana Law Journal
Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts
Judicial Ethics, Law Clerks And Politics, Gerald Lebovits
Judicial Ethics, Law Clerks And Politics, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Issues And Outcomes, Guidance, And Indeterminacy: A Reply To Professor John Rogers And Others, David G. Post, Steven C. Salop
Issues And Outcomes, Guidance, And Indeterminacy: A Reply To Professor John Rogers And Others, David G. Post, Steven C. Salop
Vanderbilt Law Review
There is now a small but growing literature on the proper voting procedure for multijudge panels. Professor John Rogers began the most recent round of thinking about these vexing issues, arguing that a judge on a multimember panel should never "vote against the result of his or her own reasoning by deferring to a majority on a sub-issue on which the judge differs." We responded, arguing in favor of just such action, which we labeled "issue voting." We criticized Professor Rogers's preferred mode of multimember court adjudication, which we labeled "outcome voting," on the grounds that it provided limited guidance …
Dream Makers: Black Judges On Justice, Julian Abele Cook Jr.
Dream Makers: Black Judges On Justice, Julian Abele Cook Jr.
Michigan Law Review
A Review of Linn Washington, Black Judges on Justice
Rhode Island's Judicial Nominating Commission: Can Reform Become Reality?, Michael J. Yelnosky
Rhode Island's Judicial Nominating Commission: Can Reform Become Reality?, Michael J. Yelnosky
Law Faculty Scholarship
No abstract provided.
Xenophilia In American Courts, Kevin M. Clermont, Theodore Eisenberg
Xenophilia In American Courts, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
Foreigner! The word says it all. Verging on the politically incorrect, the expression is full of connotation and implication. A foreigner will face bias. By such a thought process, many people believe that litigants have much to fear in courts foreign to them. In particular, non-Americans fare badly in American courts. Foreigners believe this. Even Americans believe this.
Such views about American courts are understandable. After all, the grant of alienage jurisdiction to the federal courts, both original and removal, constitutes an official assumption that xenophobic bias is present in state courts. As James Madison said of state courts: “We …
Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont
Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont
Cornell Law Faculty Publications
No abstract provided.
Trial By Jury Or Judge: Which Is Speedier?, Theodore Eisenberg, Kevin M. Clermont
Trial By Jury Or Judge: Which Is Speedier?, Theodore Eisenberg, Kevin M. Clermont
Cornell Law Faculty Publications
Many take as a given that jury-tried cases consume more time than judge-tried cases. Judge Richard Posner of the Seventh Circuit, for example, opines: “Court queues are almost always greatest for parties seeking civil jury trials. This makes economic sense. Such trials are more costly than bench trials both because of jury fees (which … understate the true social costs of the jury) and because a case normally takes longer to try to a jury than to a judge …. Parties are therefore “charged” more for jury trials by being made to wait in line longer.”
A close reading reveals …
Swearing In Ceremony: Investiture Of Beth Cozzolino As District Attorney Of Columbia County, Roger J. Miner '56
Swearing In Ceremony: Investiture Of Beth Cozzolino As District Attorney Of Columbia County, Roger J. Miner '56
Induction Ceremonies and Investitures
No abstract provided.
Success At The Bar, Roger J. Miner '56
Toastmaster's Remarks: 1996 Second Circuit Judicial Conference, Roger J. Miner '56
Toastmaster's Remarks: 1996 Second Circuit Judicial Conference, Roger J. Miner '56
Court Conferences and Events
No abstract provided.
A Tribute To Retiring Chief Justice Malcolm M. Lucas, J. Clark Kelso
A Tribute To Retiring Chief Justice Malcolm M. Lucas, J. Clark Kelso
McGeorge School of Law Scholarly Articles
No abstract provided.
Contempt Of The Bankruptcy Court - A New Look, Laura B. Bartell
Contempt Of The Bankruptcy Court - A New Look, Laura B. Bartell
Law Faculty Research Publications
With the passage of the Bankruptcy Reform Act of 1978, Congress worked a sweeping revision of the nation's bankruptcy laws. As part of this massive reform measure, Congress reinvented the role of the bankruptcy judge, granting the judge a host of new powers. Because these new powers were so substantial and because Congress elected to establish bankruptcy judges as Article I rather than Article III judges, the Supreme Court, in Northern Pipeline Construction Co. v. Marathon Pipe Line Co., declared those portions of the Act delineating the powers and structure of the bankruptcy courts unconstitutional. Congress responded by passing the …
Eulogy: Hamilton Fish, Jr., Roger J. Miner '56
Eulogy: Hamilton Fish, Jr., Roger J. Miner '56
Memorials and Eulogies
No abstract provided.
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
LLM Theses and Essays
Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …
The Judiciary And Presidential Power In Foreign Affairs: A Critique, David Gray Adler
The Judiciary And Presidential Power In Foreign Affairs: A Critique, David Gray Adler
Richmond Public Interest Law Review
The aim of the first section is to examine the judiciary's contribution to executive hegemony in the area of foreign affairs as manifested in Supreme Court rulings regarding executive agreements, travel abroad, the war power, and treaty termination. In the second section of this article, I provide a brief explanation of the policy underlying the Constitutional Convention's allocation of foreign affairs powers and argue that those values are as relevant and compelling today as they were two centuries ago. In the third section, I contend that a wide gulf has developed in the past fifty years between constitutional theory and …
Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii
Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii
Faculty Publications
In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles …
Pragmatism And Parity In Appointments, Yxta Maya Murray
Pragmatism And Parity In Appointments, Yxta Maya Murray
Michigan Journal of Gender & Law
This review uses Carter's two foci as a springboard for analyzing the Article II, Section II appointment process. First, Carter's discussion of indecency in modern appointments may be a valuable theoretical insight into the process instead of a mere sociological observation. "Indecency" in appointments, or what is known as "borking" in Carter parlance, may also be a symptom of race and gender bias in the administration of the Article II, Section II power. To ameliorate the effects of this bias, I suggest the incorporation of pragmatism (a thread of philosophical and legal thought) and parity concepts into the existing appointments …
Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman
Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds
Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds
Faculty Scholarship
No abstract provided.
Vincent L. Broderick--A Distinguished Jurist And Great Teacher, Jay C. Carlisle
Vincent L. Broderick--A Distinguished Jurist And Great Teacher, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
Judge Broderick had a wonderful sense of humor and taught our law students, the bench and bar, and his colleagues, to be stronger professionals and better human beings. He will be sorely missed by the faculty, deans, students, and alumnae of the Pace University School of Law.
Juror Empathy And Race, Douglas O. Linder
Standards Of Judicial Review In The Virginia Administrative Process Act, Mary Renae Carter
Standards Of Judicial Review In The Virginia Administrative Process Act, Mary Renae Carter
University of Richmond Law Review
Section 9-6.14:17 of the Virginia Administrative Process Act sets forth two standards by which courts may review the validity of a state agency's decisions. In formal rulemaking and adjudicatory proceedings, the statute requires an agency to keep a record of all evidence it receives and to make decisions based on this record. Upon review, a court will look to see if there is "substantial evidence" in the record to support the agency's findings of fact. In informal rulemaking and adjudicatory proceedings, the statute does not require an agency to keep an evidentiary record. If the agency has not voluntarily made …