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Full-Text Articles in Law

Felix Frankfurter, Collector Of People, John Q. Barrett Jan 2024

Felix Frankfurter, Collector Of People, John Q. Barrett

Touro Law Review

Felix Frankfurter engaged, intensely, with people—they were the treasures that he hunted down, evaluated, and collected. This essay, written on the great occasion of Brad Snyder’s Frankfurter biography, considers some of Frankfurter’s most treasured people. One group is people who made Frankfurter, including Frankfurter himself, Henry L. Stimson, and Franklin D. Roosevelt. Another group is Justice Frankfurter’s three great U.S. Supreme Court colleagues: Justices Hugo L. Black, Robert H. Jackson, and William O. Douglas. A third group is biographers who Frankfurter admired and pushed: Harlan Buddington Phillips, Mark DeWolfe Howe, Jr., McGeorge Bundy, Alexander Bickel, Andrew L. Kaufman, and Philip …


The Life Of Ruth Bader Ginsberg: Biography Of An Educator, Mallory Wallace Feb 2022

The Life Of Ruth Bader Ginsberg: Biography Of An Educator, Mallory Wallace

Journal of Women in Educational Leadership

Now in her eighties, U.S. Supreme Court Justice Ruth Bader Ginsburg has lived a remarkable life. Justice Ginsburg has had an enormous impact on the way United States law respects gender equality, transformed the U.S. Constitution, and lead broad social transformation in America (Dodson, 2015). And while all of this is so, before she completed any of this, Justice Ginsburg was known as Professor Ginsburg, spending seventeen years teaching law at two highly respected institutions of higher education. During this time, she created and taught revolutionary courses on Women and the Law, co-write the first-ever published casebook on sex-based discrimination, …


One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene Feb 2021

One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene

The Journal of Appellate Practice and Process

No abstract provided.


The Good, The Bad, And The Ugly: Reflections Of A Counterclerk, Gil Seinfeld Jan 2016

The Good, The Bad, And The Ugly: Reflections Of A Counterclerk, Gil Seinfeld

Michigan Law Review First Impressions

Everyone has strong feelings about Justice Scalia. Lionized by the political right and demonized by the left, he has been among the most polarizing figures in American public life over the course of the last halfcentury. It is hardly surprising, then, that in the weeks since Justice Scalia’s death, the public discourse surrounding his legacy has exhibited something of a split personality. There have, of course, been plenty of appropriately respectful—even admiring—tributes from some of the Justice’s ideological adversaries; and here and there one of the Justice’s champions has acknowledged, with a hint of lament, the acerbic quality of some …


Pivoting To Progressivism: Justice Stephen J. Chadwick, The Washington Supreme Court And Change In Early Twentieth Century Judicial Reasoning And Rhetoric, Hugh D. Spitzer Jan 2014

Pivoting To Progressivism: Justice Stephen J. Chadwick, The Washington Supreme Court And Change In Early Twentieth Century Judicial Reasoning And Rhetoric, Hugh D. Spitzer

Articles

Relatively little attention has been paid to the part played by state judges in upholding progressive legislation in the early twentieth century in a period when the United States Supreme Court often overturned reform measures on constitutional grounds. In contrast, between 1910 and 1913, the Washington State Supreme Court rapidly changed its doctrinal analysis and its stance on judicial deference to elected lawmakers, aligning the state’s constitutional law with the public’s new views on the responsibility of government in addressing social and economic challenges. A fascinating window on the progressive period and changes in judicial reasoning and rhetoric is provided …


Justice Joseph T. Walsh: Teacher, Lawrence A. Hamermesh Dec 2013

Justice Joseph T. Walsh: Teacher, Lawrence A. Hamermesh

Lawrence A. Hamermesh

No abstract provided.


The Battle For The Soul Of International Shoe, Eric H. Schepard Aug 2013

The Battle For The Soul Of International Shoe, Eric H. Schepard

Eric H Schepard

In 2011, Justice Kennedy’s plurality opinion in J. McIntyre Machinery, Ltd. v. Nicastro repeatedly cited International Shoe v. Washington, a 1945 decision that transformed the law of personal jurisdiction. Kennedy believed that International Shoe broadly supported his position that a state may hear a suit arising from a within-state workplace injury to its citizen only if the foreign (out-of-state) corporate defendant specifically markets its products to that state. This article reexamines the jurisprudence of International Shoe’s author, Chief Justice Harlan Fiske Stone, to argue that Kennedy hijacked International Shoe’s half-buried legacy of judicial restraint. Scholars have suggested that Stone hoped …


Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons May 2013

Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons

Pepperdine Law Review

No abstract provided.


Judge Lawrence R. Lapolla, David J. Agatstein Apr 2013

Judge Lawrence R. Lapolla, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Cause Judging, Justin Hansford Mar 2013

Cause Judging, Justin Hansford

Justin Hansford

Building on the framework of “cause lawyering” scholarship, this Article explores the fact that, in a similar tradition as a “cause lawyering” law practice animated by dedication to a cause, “cause judging” exists as well. This insight has implications for judicial ethics norms. The hyper-partisan nature of modern American life has already cast doubt on the possibility that politically appointed judges can ever truly attain the “appearance of impartiality” demanded by judicial recusal standards. Instead, judicial ethics norms should embrace the fact that judges have moral and political ideals that inform their rulings when they exercise judicial discretion, and that …


Judicial Diversity On State Supreme Courts, John D. Castiglione, Gregory L. Acquiaviva Jan 2009

Judicial Diversity On State Supreme Courts, John D. Castiglione, Gregory L. Acquiaviva

John D. Castiglione

State courts of last resort are, in many ways, the primary expositors of law in the United States. Criminal law, contracts, family law, wills, trusts, and estates -- just to name a few -- fall within their purview. And yet, we know surprisingly little about just who sits on these courts -- state supreme court judges have been described as “perhaps the most important and least written about group within the judicial system” of the United States. Indeed, the last study on the characteristics and experiences of the state supreme court justices is almost fifteen years old. This Article presents …


Jutstice Kennedy And The Environment: Property, States' Rights, And The Search For Nexus, Michael Blumm Jan 2007

Jutstice Kennedy And The Environment: Property, States' Rights, And The Search For Nexus, Michael Blumm

ExpressO

Justice Anthony Kennedy, now clearly the pivot of the Roberts Court, is the Court’s crucial voice in environmental and natural resources law cases. Kennedy’s central role was never more evident than in the two most celebrated environmental and natural resources law cases of 2006: Kelo v. New London and Rapanos v. U.S., since he supplied the critical vote in both: upholding local use of the condemnation power for economic development under certain circumstances, and affirming federal regulatory authority over wetlands which have a significant nexus to navigable waters. In each case Kennedy’s sole concurrence was outcome determinative.

Justice Kennedy has …


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Robert C. Byrd And The Fourth Circuit Court Of Appeals: An Addendum Respecting Judge Robert Bruce King, M. Blane Michael Sep 2006

Robert C. Byrd And The Fourth Circuit Court Of Appeals: An Addendum Respecting Judge Robert Bruce King, M. Blane Michael

West Virginia Law Review

No abstract provided.


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney Dec 2004

Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney

The Ohio State University Moritz College of Law Working Paper Series

This article contributes to an ongoing debate about the feasibility and desireability of measuring the "merit" of appellate judges--and their consequent Supreme Court potential--by using objective performance variables. Relying on the provocative and controversial "tournament criteria" proposed by Professors Stephen Choi and Mitu Gulati in two recent articles, Brudney assesses the "Supreme Court potential" of Warren Burger and Harry Blackmun based on their appellate court records. He finds that Burger's appellate performance appears more promising under the Choi and Gulati criteria, but then demonstrates how little guidance these quantitative assessments actually provide when reviewing the two men's careers on the …


A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook Jan 2001

A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook

Law Faculty Research Publications

No abstract provided.


Making Progress The Old-Fashioned Way, Stephen B. Burbank Jan 2001

Making Progress The Old-Fashioned Way, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Juristic Giants: A Georgia Study In Reputation, R. Perry Sentell Jr. Apr 2000

Juristic Giants: A Georgia Study In Reputation, R. Perry Sentell Jr.

Scholarly Works

In 1990, Judge Richard Posner published CARDOZO: A STUDY IN REPUTATION. A deceptively small volume (only 156 pages), the book purported to delineate and dissect the facets of circumstance, achievement, and character accounting for Benjamin Cardozo's reputation for "greatness." Treating such indicia (both tangible and intangible) as Cardozo's "person," "philosophy," "technique," and "contributions," Posner also sought a handle for "measuring the magnitude" of reputation itself. He hit, of course, upon the modern mechanical mainstay of computerization: a finger-tip presentation of the frequency with which Cardozo's name appears in other judicial opinions.


The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts Jan 2000

The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Doubting Thomas: Confirmation Veracity Meets Performance Reality, Joyce A. Baugh, Christopher E. Smith Jan 1996

Doubting Thomas: Confirmation Veracity Meets Performance Reality, Joyce A. Baugh, Christopher E. Smith

Seattle University Law Review

At the close of the United States Supreme Court's 1994 term, Justice Clarence Thomas became the center of news media attention for his important role as a prominent member of the Court's resurgent conservative bloc. More frequently than in past terms, Thomas's opinions articulated the conservative position for his fellow Justices. According to one report, "The newly energized Thomas has shown little hesitancy this term in leading the conservative charge. Another article referred to Thomas's "full-throated emergence as a distinctive and articulate judicial voice." Thomas's new prominence, assertiveness, and visibility have been attributed to his emergence from the shadows of …


Art Of Judicial Biography, Michael J. Gerhardt Jan 1995

Art Of Judicial Biography, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Book Review Of Justice Oliver Wendell Holmes: Law And The Inner Self, By Edward White., Edward A. Purcell Jr. Jan 1995

Book Review Of Justice Oliver Wendell Holmes: Law And The Inner Self, By Edward White., Edward A. Purcell Jr.

Other Publications

No abstract provided.


Alvin B. Rubin: Man Of The Law, Geoffrey C. Hazard Jr. Jan 1992

Alvin B. Rubin: Man Of The Law, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Footprints Of A Just Man: The Case Law Of Judge Robert S. Vance Dec 1990

Footprints Of A Just Man: The Case Law Of Judge Robert S. Vance

Patricia A. McCoy

No abstract provided.


The Bork Nomination, Ronald M. Dworkin Oct 1987

The Bork Nomination, Ronald M. Dworkin

Cardozo Law Review

No abstract provided.


Foreword, David Rudenstine Oct 1987

Foreword, David Rudenstine

Cardozo Law Review

No abstract provided.


Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland Oct 1987

Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland

Cardozo Law Review

No abstract provided.


The Judge, Marianne Wesson Jan 1986

The Judge, Marianne Wesson

Publications

No abstract provided.