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Articles 1 - 30 of 210
Full-Text Articles in Law
Good Faith Performance In Employment Contracts: A "Comparative Conversation" Between The Us And England, Katherine M. Apps
Good Faith Performance In Employment Contracts: A "Comparative Conversation" Between The Us And England, Katherine M. Apps
ExpressO
This paper asks two questions connected by the fact that they both stem from the inherent incompleteness of employment contracts: in American law, how can the terms in employment handbooks be variable, but sometimes only within reasonable procedurally fair circumstances; and in English law, why doesn’t the implied term of mutual trust and confidence in employment contracts fall foul of the strict test for implication of terms into contract? This paper finds the answer to both questions in the doctrine of good faith. An analysis of good faith as a “comparative conversation” between academic and judicial debates in the US …
High Turnover And Low Reputation? Elements Of Sociology Of The Supreme People’S Court Grand Justices (Summary), Meng Hou
Hou Meng
No abstract provided.
Brown And Lawrence (And Goodridge), Michael J. Klarman
Brown And Lawrence (And Goodridge), Michael J. Klarman
Michigan Law Review
One year shy of the fiftieth anniversary of Brown v. Board of Education, the Justices issued another equality ruling that is likely to become a historical landmark. In Lawrence v. Texas, the Court invalidated a state law that criminalized same-sex sodomy. This article contrasts these historic rulings along several dimensions, with the aim of shedding light on how Supreme Court Justices decide cases and how Court decisions influence social reform movements. Part I juxtaposes Brown and Lawrence to illustrate how judicial decisionmaking often involves an uneasy reconciliation of traditional legal sources with broader social and political mores and …
The Prophecies Of The Prophetic Jurist – A Review Of Selected Works Of Oliver Wendell Holmes, Jr., Kissi Agyebeng
The Prophecies Of The Prophetic Jurist – A Review Of Selected Works Of Oliver Wendell Holmes, Jr., Kissi Agyebeng
Cornell Law School J.D. Student Research Papers
This is a review of the methodology and style of legal research of Oliver Wendell Holmes, Jr., focusing on the ideological and philosophical leanings that informed his scholarship. The review spans selected works of his undergraduate days through his mid-career writings and his representative opinions on the Supreme Judicial Court of the State of Massachusetts and the Supreme Court of the United States.
In Memoriam: Robert R. Merhige, Jr., Ronald J. Bacigal
In Memoriam: Robert R. Merhige, Jr., Ronald J. Bacigal
Law Faculty Publications
It is difficult to write about Judge Merhige in an academic journal. His greatness lay not in formulating abstract legal doctrine, but in applying the law to real life situations. When I began researching his biography in 1986, the most pleasant part of the process was personal interviews with the Judge spanning two and a half years and filling some fifty audio tapes. Unfortunately, I was never able to capture his humanity in print and may have done him a disservice by writing his biography the way a law professor does-focusing on the intellectual aspects of his famous cases, rather …
Acknowledgments, R. Kennon Poteat
Acknowledgments, R. Kennon Poteat
University of Richmond Law Review
No abstract provided.
In Memoriam: Judge Robert R. Merhige, Jr., J. Harvie Wilkinson Iii
In Memoriam: Judge Robert R. Merhige, Jr., J. Harvie Wilkinson Iii
University of Richmond Law Review
No abstract provided.
Remembering Judge Merhige, Michael W. Smith
Remembering Judge Merhige, Michael W. Smith
University of Richmond Law Review
No abstract provided.
The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne
The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne
University of Richmond Law Review
No abstract provided.
Preface, R. Kennon Poteat
To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal
To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal
University of Richmond Law Review
No abstract provided.
Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles
Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles
University of Richmond Law Review
No abstract provided.
Tribute To Judge Merhige, Orran L. Brown
Tribute To Judge Merhige, Orran L. Brown
University of Richmond Law Review
No abstract provided.
Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla
Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
What Appellate Judges Do, Rick Sims
What Appellate Judges Do, Rick Sims
The Journal of Appellate Practice and Process
No abstract provided.
Incivility And Unprofessionalism On Appeal: Impugning The Integrity Of Judges, Steven Wisotsky
Incivility And Unprofessionalism On Appeal: Impugning The Integrity Of Judges, Steven Wisotsky
The Journal of Appellate Practice and Process
No abstract provided.
What's The Difference? Comparing The Advocacy Preferences Of State And Federal Appellate Judges, David Lewis
What's The Difference? Comparing The Advocacy Preferences Of State And Federal Appellate Judges, David Lewis
The Journal of Appellate Practice and Process
No abstract provided.
Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen
Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen
University of Arkansas at Little Rock Law Review
No abstract provided.
From Earl Warren To Wendell Griffen: A Study Of Judicial Intimidation And Judicial Self-Restraint, Honorable Robert L. Brown
From Earl Warren To Wendell Griffen: A Study Of Judicial Intimidation And Judicial Self-Restraint, Honorable Robert L. Brown
University of Arkansas at Little Rock Law Review
No abstract provided.
Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank
Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank
University of Arkansas at Little Rock Law Review
No abstract provided.
Foreword--Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Martha Dragich, Christina E. Wells
Foreword--Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Martha Dragich, Christina E. Wells
Faculty Publications
Justice Blackmun's papers were opened to the public on March 4, 2004, the fifth anniversary of his death. Held in the Manuscript Division of the Library of Congress, the collection includes over half a million items, many handwritten by Justice Blackmun. Anyone can read them. For legal scholars, this kind of research can only be described as exhilarating and many of the articles in this symposium draw on research from Justice Blackmun's papers. For the public, the release comes at a time when the interest in judges is particularly acute.
Some Reflections On The Symposium: Judging, The Classical Legal Paradigm And The Possible Contributions Of Science, Christina E. Wells
Some Reflections On The Symposium: Judging, The Classical Legal Paradigm And The Possible Contributions Of Science, Christina E. Wells
Faculty Publications
One theme running through the many excellent contributions to this symposium involves the myriad influences on judicial decision-making. As Professor Wrightsman notes, Supreme Court Justices' personal characteristics may affect their ability to influence colleagues and, consequently, the outcome of Supreme Court decisions. Professor Ruger observes that judges have both attitudinal and jurisprudential preferences that may change over time, affecting legal outcomes differently as time passes. Professor Sisk similarly notes that judges' personal values and experiences influence their decision-making. These observations are consistent with those of numerous other scholars, who find wide-ranging and diverse influences on the judicial resolution of legal …
Under A Cruel Sun: My Life As A Female Judge And Underground Educator Under The Soviets, The Taliban, And The Americans, Marzia Basel, Dana Michael Hollywood
Under A Cruel Sun: My Life As A Female Judge And Underground Educator Under The Soviets, The Taliban, And The Americans, Marzia Basel, Dana Michael Hollywood
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Foreword - Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Christina E. Wells, Martha Dragich
Foreword - Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Christina E. Wells, Martha Dragich
Faculty Publications
Justice Blackmun's papers were opened to the public on March 4, 2004, the fifth anniversary of his death. Held in the Manuscript Division of the Library of Congress, the collection includes over half a million items, many handwritten by Justice Blackmun. Anyone can read them. For legal scholars, this kind of research can only be described as exhilarating and many of the articles in this symposium draw on research from Justice Blackmun's papers. For the public, the release comes at a time when the interest in judges is particularly acute.
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Faculty Publications
As we see in this symposium, Justice Harry Blackmun is as controversial in death as he was in life. We live in a time of increasing absolutism, where things are either black or white, red or blue, you are either for me or against me, my way or the highway. It is when we are swayed by the sirens of absolutism that we are most likely to make mistakes, for absolutism diminishes our capacity to see nuance, much less to appreciate and account for it in our reasoning. This is a dangerous thing in a court, and in a democracy. …
Revelations From The Blackmun Papers On The Development Of Death Penalty Law , Martha Dragich
Revelations From The Blackmun Papers On The Development Of Death Penalty Law , Martha Dragich
Faculty Publications
Professor Dragich uses the Blackmun papers to augment our understanding of Justice Blackmun's "evolution" on the question of capital punishment. Though the evolution was gradual, she finds that the case of Warren McCleskey seems to have deeply affected Justice Blackmun.
Avoiding The Appearance Of Impropriety: With Great Power Comes Great Responsibility, Cynthia Gray
Avoiding The Appearance Of Impropriety: With Great Power Comes Great Responsibility, Cynthia Gray
University of Arkansas at Little Rock Law Review
No abstract provided.
Testing Minimalism: A Reply, Cass R. Sunstein
Testing Minimalism: A Reply, Cass R. Sunstein
Michigan Law Review
Some judges are less ambitious than others; they have minimalist tendencies. Minimalists are unambitious along two dimensions. First, they seek to rule narrowly rather than broadly. In a single case, they do not wish to resolve other, related problems that might have relevant differences. They are willing to live with the costs and burdens of uncertainty, which they tend to prefer to the risks of premature resolution of difficult issues. Second, minimalists seek to rule shallowly rather than deeply, in the sense that they favor arguments that do not take a stand on the foundational debates in law and politics. …
Section 3: Confirmation Politics, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Confirmation Politics, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.