Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Maurer School of Law: Indiana University (6)
- New York Law School (5)
- Touro University Jacob D. Fuchsberg Law Center (5)
- University of Richmond (5)
- Cornell University Law School (4)
-
- University of Colorado Law School (4)
- University of Michigan Law School (4)
- Fordham Law School (3)
- Selected Works (3)
- UIC School of Law (3)
- Vanderbilt University Law School (3)
- Cleveland State University (2)
- University of Kentucky (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Missouri School of Law (2)
- University of Washington School of Law (2)
- Florida State University College of Law (1)
- Pace University (1)
- Roger Williams University (1)
- Schulich School of Law, Dalhousie University (1)
- Seattle University School of Law (1)
- St. John's University School of Law (1)
- University of Baltimore Law (1)
- University of Georgia School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of the Pacific (1)
- Washington and Lee University School of Law (1)
- Wayne State University (1)
- William & Mary Law School (1)
- Keyword
-
- Judges (11)
- Supreme Court (5)
- Congress (4)
- Federal courts (4)
- United States Supreme Court (4)
-
- Appointment (3)
- Constitution (3)
- Court administration (3)
- Decision making (3)
- Federal government (3)
- Federal jurisdiction (3)
- Judiciary (3)
- New York Law School (3)
- Roger J Miner (3)
- 1995) (2)
- American criminal justice system (2)
- Bill of Rights (2)
- Committee on Long Range Planning (2)
- Compensation (2)
- Constitutions (2)
- Defamation (2)
- Discretion (2)
- England (2)
- Federal (2)
- Federal Judiciary (2)
- First Amendment (2)
- Hermeneutics (2)
- History (2)
- Judge Bellacosa (2)
- Judicial Conference of the United States (2)
- Publication
-
- Touro Law Review (5)
- Articles (4)
- Cornell Law Faculty Publications (4)
- Indiana Law Journal (4)
- Publications (4)
-
- Faculty Publications (3)
- Faculty Scholarship (3)
- UIC Law Review (3)
- Articles by Maurer Faculty (2)
- Fordham Urban Law Journal (2)
- Kentucky Law Journal (2)
- University of Richmond Law Review (2)
- Vanderbilt Law School Faculty Publications (2)
- All Faculty Scholarship (1)
- Articles & Chapters (1)
- Articles, Book Chapters, & Popular Press (1)
- Cleveland State Law Review (1)
- Commencement Addresses (1)
- Court Conferences and Events (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Works (1)
- Hon. Gerald Lebovits (1)
- Horacio M. LYNCH (1)
- Induction Ceremonies and Investitures (1)
- LLM Theses and Essays (1)
- Laurent Mayali (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Publications (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarship (1)
- Publication Type
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 …
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
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
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
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 …
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.
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
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 …
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.
Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont
Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont
Cornell Law Faculty Publications
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 …
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 …
Eulogy: Hamilton Fish, Jr., Roger J. Miner '56
Eulogy: Hamilton Fish, Jr., Roger J. Miner '56
Memorials and Eulogies
No abstract provided.
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 …
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.
An Unsuccessful Attempt To Restore Justice George Sutherland's Tarnished Reputation: A Review Essay, Gary C. Leedes
An Unsuccessful Attempt To Restore Justice George Sutherland's Tarnished Reputation: A Review Essay, Gary C. Leedes
University of Richmond Law Review
Justice George Sutherland (1862-1942) is the subject and hero of Professor Hadley Arkes's laudatory new biography. Arkes portrays Sutherland as a judge "who had found the ground of [his] jurisprudence in 'natural rights." Although history has not treated the Justice kindly, Arkes attempts to reverse history's verdict.
Why We Honor John Marshall - A Brief Retrospective, 29 J. Marshall L. Rev. 567 (1996), Arthur J. Sabin
Why We Honor John Marshall - A Brief Retrospective, 29 J. Marshall L. Rev. 567 (1996), Arthur J. Sabin
UIC Law Review
No abstract provided.
New Certiorari And A National Study Of The Appeals Courts, Carl W. Tobias
New Certiorari And A National Study Of The Appeals Courts, Carl W. Tobias
Law Faculty Publications
Elitism, Expediency, and the New Certiorari: Requiem for the Learned Hand Tradition is a thought-provoking critique of the United States Courts of Appeals. Professors William Richman and William Reynolds maintain that dramatic increases in appellate filings have transformed the appeals courts during the last quarter-century, prompting systemic constriction of procedural opportunities, particularly for parties with few resources or little power. The authors find these changes profoundly troubling and propose that Congress radically expand the number of appellate judges.
Individuals and institutions, such as expert study committees, which have analyzed the federal courts, agree with much of the authors' descriptive assessment. …
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 Journal of Law and the Public Interest
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 …
A Tribute To Justice Roger O. Debruler, Frank Sullivan Jr.
A Tribute To Justice Roger O. Debruler, Frank Sullivan Jr.
Indiana Law Journal
No abstract provided.
Rule 706: Court Appointed Experts
Mistake Of Federal Criminal Law: A Study Of Coaltions And Costly Information, Erin O'Hara O'Connor, Richard S. Murphy
Mistake Of Federal Criminal Law: A Study Of Coaltions And Costly Information, Erin O'Hara O'Connor, Richard S. Murphy
Scholarly Publications
This article analyzes Supreme Court and other federal court cases, to explain the seemingly disparate incorporation of mistake of law excuses into federal criminal statutes. Most of the cases can be explained from an information cost perspective. If an easily separable subset of the regulated population cannot be induced to learn their legal obligations given credibly low prior probabilities and high information costs, they are excused from criminal liability. Moreover, when criminal statutes are vulnerable to constituent protest, courts require that enforcers increase awareness of the law through information subsidies rather than convicting the ignorant. At least with mistake of …
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.
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 …
Challenges In Judging: Some Insights From The Writings Of Moses, Gordon J. Beggs
Challenges In Judging: Some Insights From The Writings Of Moses, Gordon J. Beggs
Cleveland State Law Review
Starting with the idea that Judeo-Christian principles played a significant role in the development of American legal ethics, the author uses the writings of Moses as a lens to examine some challenges in judging. Moses authored the first five books of the Old Testament known as the Pentateuch or books of the law-Genesis, Exodus, Leviticus, Numbers, and Deuteronomy. The author begins by suggesting a caveat and an approach to interpretation. When examining the writings of Moses, we are not necessarily seeking a literal application. He suggests instead, that when looking at the writings of Moses, three questions should be answered: …