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A Perspecive On "Temper In The Court: A Forum On Judicial Civility", Norman L. Greene Jan 1996

A Perspecive On "Temper In The Court: A Forum On Judicial Civility", Norman L. Greene

Fordham Urban Law Journal

This Essay focuses on the issue of judicial civility, which is not about the merits of any particular decision or an improvement in decision-making, but an aim to improve the tone of justice in the courts. Despite the fact that the Code of Judicial Conduct mandates temperance as part of a judge's job, abusive judge behavior has become too common.


Temper In The Court: A Forum On Judicial Civility, Norman Greene, Robert Tembeckjian, Ellen Carni, Ron Kuby Jan 1996

Temper In The Court: A Forum On Judicial Civility, Norman Greene, Robert Tembeckjian, Ellen Carni, Ron Kuby

Fordham Urban Law Journal

Transcript of a panel discussion concerning the need for judges to be more civil to litigants. What is the floor below which judicial intemperance is not acceptable and the ceiling, that is, what judges should aspire to.


Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski Jan 1996

Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski

Faculty Scholarship

A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …