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Articles 1 - 30 of 43
Full-Text Articles in Law
Assessing Judgeship Needs In The Federal Courts Of Appeals: Policy Choices And Process Concerns, Arthur D. Hellman
Assessing Judgeship Needs In The Federal Courts Of Appeals: Policy Choices And Process Concerns, Arthur D. Hellman
The Journal of Appellate Practice and Process
No abstract provided.
Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard
Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard
University of Arkansas at Little Rock Law Review
No abstract provided.
Stop Me Before I Vote For This Judge Again: Judicial Conduct Organizations, Judicial Accountability, And The Disciplining Of Elected Judges, Alex B. Long
West Virginia Law Review
No abstract provided.
Judicial Selection And Evaluation, Center For Democratic Culture At Unlv
Judicial Selection And Evaluation, Center For Democratic Culture At Unlv
Nevada Law Journal
No abstract provided.
Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel
Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Public Financing Of Judicial Campaigns: Practices And Prospects , Michael W. Bowers
Public Financing Of Judicial Campaigns: Practices And Prospects , Michael W. Bowers
Nevada Law Journal
No abstract provided.
Mediated Popular Constitutionalism, Barry Friedman
Mediated Popular Constitutionalism, Barry Friedman
Michigan Law Review
There are divergent views in the legal academy concerning judicial review, but at their core these views share a common (and possibly flawed) premise. The premise is that the exercise of judicial review is countermajoritarian in nature. There is a regrettable lack of clarity in the relevant scholarship about what "countermajoritarian" actually means. At bottom it often seems to be a claim, and perhaps must be a claim, that when judges invalidate governmental decisions based upon constitutional requirements, they act contrary to the preferences of the citizenry. Some variation on this premise seems to drive most normative scholarship regarding judicial …
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Michigan Law Review
In this Article, I explore the question of why constitutional review, but not American judicial review, spread across Europe. I will also argue that, despite obvious organic differences between the American and European systems of review, there is an increasing convergence in how review actually operates. I proceed as follows. In Part I, I examine the debate on establishing judicial review in Europe, focusing on the French. In Parts II and III, I contrast the European and the American models of review, and briefly discuss why the Kelsenian constitutional court diffused across Europe. In Part IV, I argue that despite …
Judicial Ethics In Utah, Steve Averett
Judicial Ethics In Utah, Steve Averett
Brigham Young University Journal of Public Law
No abstract provided.
Duty Of Care To The Intoxicated: The Irish Approach, Mary Drennan
Duty Of Care To The Intoxicated: The Irish Approach, Mary Drennan
San Diego International Law Journal
This Article examines whether the relationship between publican and patron should or should not produce such an obligation. It also addresses the possible defenses to such a claim in the tort of negligence. Finally, as the matter is not a settled point of Irish law, this Article also attempts to assess the potential approach of its courts, in view of the approach taken by the English courts to the issue and the flurry of academic comment in the wake of a recent Irish settlement. These issues are certain to surface in litigation again. Regardless of the approach taken by the …
Appellate Courts Inside And Out, Maxwell L. Stearns
Appellate Courts Inside And Out, Maxwell L. Stearns
Michigan Law Review
While the United States Supreme Court has been the object of seemingly endless scholarly commentary, the United States Courts of Appeals are just now coming into their own as a subject of independent academic inquiry. This is an important development when one considers that the vast bulk of relevant precedents governing most federal court litigation comes not from the Supreme Court, but rather from the United States Courts of Appeals. Because relatively few courts of appeals decisions are reviewed in the Supreme Court, with rare exception, the federal circuit courts provide the functional equivalent of that Court's proverbial "last word." …
The Arrival Of Judicial Review In Germany Under The Weimar Constitution Of 1919, Bernd J. Hartmann
The Arrival Of Judicial Review In Germany Under The Weimar Constitution Of 1919, Bernd J. Hartmann
Brigham Young University Journal of Public Law
No abstract provided.
Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak
Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak
Michigan Law Review
While American scholars and judges generally assume that it is beneficial to insulate courts from politics, Jennifer Widner offers a contrasting perspective from another region of the world. In Building the Rule of Law: Francis Nyalali and the Road to Judicial Independence in Africa, Widner examines the role of courts and judicial review in democratization in Africa. She focuses on the role of one judge, a man who would see himself as embodying a role in Tanzania similar to that of Chief Justice John Marshall in the United States. Francis Nyalali, Chief Justice of the High Court of Tanzania, worked …
Patriotism: Do We Know It When We See It?, A. Wallace Tashima
Patriotism: Do We Know It When We See It?, A. Wallace Tashima
Michigan Law Review
In a small, triangular plot, a short distance north of the Capitol in Washington, D.C., is the recently dedicated "National Japanese American Memorial to Patriotism." One of the primary purposes of the memorial is to recall publicly the forced removal of Japanese Americans from the Pacific coast at the beginning of World War II and their imprisonment in government internment camps for the duration of the war. The incident is worth recalling, of course, if for no other reason than as a constant reminder that we must not let a similar tragedy befall any other group of Americans. But one …
Advice From Justice Jackson, D. P. Marshall Jr.
Advice From Justice Jackson, D. P. Marshall Jr.
The Journal of Appellate Practice and Process
No abstract provided.
Confirmation Gridlock: The Federal Judicial Appointments Process Under Bill Clinton And George W. Bush, John Anthony Maltese
Confirmation Gridlock: The Federal Judicial Appointments Process Under Bill Clinton And George W. Bush, John Anthony Maltese
The Journal of Appellate Practice and Process
No abstract provided.
Appellate Judicial Appointments During The Clinton Presidency: An Inside Perspective, Sarah Wilson
Appellate Judicial Appointments During The Clinton Presidency: An Inside Perspective, Sarah Wilson
The Journal of Appellate Practice and Process
No abstract provided.
Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson
Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson
Osgoode Hall Law Journal
Discusses the role of judges when cases of civil disobedience are brought before the court.
Thurgood Marshall—American Revolutionary, Juan Williams
Thurgood Marshall—American Revolutionary, Juan Williams
University of Arkansas at Little Rock Law Review
No abstract provided.
Remedying Judicial Foot-In-Mouth Disease: Nevada's Prohibitions Against Judicial Commentary On Evidence And The Rule Of Harmless Error, Andrew F. Dixon
Remedying Judicial Foot-In-Mouth Disease: Nevada's Prohibitions Against Judicial Commentary On Evidence And The Rule Of Harmless Error, Andrew F. Dixon
Nevada Law Journal
No abstract provided.
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Michigan Law Review
Suppose that a statute, enacted several decades ago, bans the introduction of any color additive in food if that additive "causes cancer" in human beings or animals. Suppose that new technologies, able to detect low-level carcinogens, have shown that many potential additives cause cancer, even though the statistical risk is often tiny - akin to the risk of eating two peanuts with governmentally-permitted levels of aflatoxins. Suppose, finally, that a company seeks to introduce a certain color additive into food, acknowledging that the additive causes cancer, but urging that the risk is infinitesimal, and that if the statutory barrier were …
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Michigan Law Review
Cass Sunstein and Adrian Vermeule argue in Interpretation and lnstitutions that judicial interpretation of statutes and constitutions should take account both of the institutional framework within which interpretation takes place and of the consequences of different styles of interpretation; they further argue that this point has been neglected by previous scholars. The first half of the thesis is correct but obvious; the second half, which the authors state in terms emphatic to the point of being immodest, is incorrect. Moreover, the authors offer no feasible suggestions for how the relation between interpretation and the institutional framework might be studied better …
Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrien Vermeule
Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrien Vermeule
Michigan Law Review
In law, problems of interpretation can be explored at different levels of generality. At the most specific level, people might urge that the Equal Protection Clause forbids affirmative action, or that the Food and Drug Act applies to tobacco products. At a higher level of generality, people might argue that the Equal Protection Clause should be interpreted in accordance with the original understanding of its ratifiers, or that the meaning of the Food and Drug Act should be settled with careful attention to its legislative history. At a still higher level of generality, people might identify the considerations that bear …
Judge Henry Woods: A Reminiscence, Richard S. Arnold
Judge Henry Woods: A Reminiscence, Richard S. Arnold
University of Arkansas at Little Rock Law Review
No abstract provided.
Henry Woods: A Great Lawyer, Judge, And Friend, Sid Mcmath
Henry Woods: A Great Lawyer, Judge, And Friend, Sid Mcmath
University of Arkansas at Little Rock Law Review
No abstract provided.
Tribute To The Honorable Henry Woods, Bill Wilson
Tribute To The Honorable Henry Woods, Bill Wilson
University of Arkansas at Little Rock Law Review
No abstract provided.
A Tribute To Judge Henry Woods, Beth Deere
A Tribute To Judge Henry Woods, Beth Deere
University of Arkansas at Little Rock Law Review
No abstract provided.
Henry Woods: Founding Father, Robert K. Walsh
Henry Woods: Founding Father, Robert K. Walsh
University of Arkansas at Little Rock Law Review
No abstract provided.
Democracy, Not Deference: An Egalitarian Theory Of Judicial Review, Ronald C. Den Otter
Democracy, Not Deference: An Egalitarian Theory Of Judicial Review, Ronald C. Den Otter
Kentucky Law Journal
No abstract provided.
Foreword, Sam Hanson
Foreword, Sam Hanson
William Mitchell Law Review
Introduction to issue of Recent Decisions of the Minnesota Supreme Court (from 2002-03 term).