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1996

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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 Oct 1996

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 Oct 1996

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 …


Impermeable Federalism, Pragmatic Silence, And The Long Range Plan For The Federal Courts, Lauren K. Robel Oct 1996

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 Oct 1996

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


The Polyphonic Courtroom: Expanding The Possibilities Of Judicial Discourse, Robert Rubinson Oct 1996

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 …


Federal Court Long Range Planning: Fine Lines And Tightropes, Sarah Evans Barker Oct 1996

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 Sep 1996

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 Jul 1996

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 May 1996

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. May 1996

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 Apr 1996

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 Mar 1996

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 Mar 1996

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 Feb 1996

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 …


A Tribute To Retiring Chief Justice Malcolm M. Lucas, J. Clark Kelso Jan 1996

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 Jan 1996

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 Jan 1996

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 Jan 1996

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 Jan 1996

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 Jan 1996

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 Jan 1996

Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds

Faculty Scholarship

No abstract provided.


Double Jeopardy Jan 1996

Double Jeopardy

Touro Law Review

No abstract provided.


An Unsuccessful Attempt To Restore Justice George Sutherland's Tarnished Reputation: A Review Essay, Gary C. Leedes Jan 1996

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.


Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi Jan 1996

Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi

Publications

No abstract provided.


The Judiciary And Presidential Power In Foreign Affairs: A Critique, David Gray Adler Jan 1996

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. Jan 1996

A Tribute To Justice Roger O. Debruler, Frank Sullivan Jr.

Indiana Law Journal

No abstract provided.


Rule 706: Court Appointed Experts Jan 1996

Rule 706: Court Appointed Experts

Touro Law Review

No abstract provided.


Why We Honor John Marshall - A Brief Retrospective, 29 J. Marshall L. Rev. 567 (1996), Arthur J. Sabin Jan 1996

Why We Honor John Marshall - A Brief Retrospective, 29 J. Marshall L. Rev. 567 (1996), Arthur J. Sabin

UIC Law Review

No abstract provided.


To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard Jan 1996

To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard

UIC Law Review

No abstract provided.


Mistake Of Federal Criminal Law: A Study Of Coaltions And Costly Information, Erin O'Hara O'Connor, Richard S. Murphy Jan 1996

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 …