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Articles 1 - 21 of 21
Full-Text Articles in Law
Keynote Address: Judging The Political And Political Judging: Justice Scalia As Case Study, Richard L. Hasen
Keynote Address: Judging The Political And Political Judging: Justice Scalia As Case Study, Richard L. Hasen
Chicago-Kent Law Review
This is a revised version of a Keynote Address delivered at “The Supreme Court and American Politics,” a symposium held October 17, 2017 at the Chicago-Kent College of Law. In this Address, Professor Hasen considers through the lens of Justice Scalia’s opinions the role that views of the political process play, at least rhetorically, in how Supreme Court Justices decide cases. It focuses on Justice Scalia’s contradictory views on self-dealing and incumbency protection across a range of cases, comparing campaign finance on the one hand to partisan gerrymandering, voter identification laws, political patronage, and ballot access rules on the other. …
In Memoriam: John Reed, Theodore J. St. Antoine
In Memoriam: John Reed, Theodore J. St. Antoine
Michigan Law Review
A tribute to John W. Reed.
The Right To An Independent Judiciary And The Avoidance Of Constitutional Conflict: The Burger Court’S Flawed Reasoning In Chandler V. Judicial Council Of The Tenth Circuit And Its Unfortunate Legacy, Joshua E. Kastenberg
St. Mary's Journal on Legal Malpractice & Ethics
In 1970, the United States Supreme Court issued Chandler v. Judicial Council of the Tenth Circuit in which five Justices determined that the federal courts of appeals possessed an administrative authority to manage the district court judges within an appellate court’s respective circuit. The decision enabled the Tenth Circuit to decide the fitness of a judge to preside over cases without a formal motion from a litigant. Although Congress had enabled the courts of appeals to oversee basic judicial functions (such as temporarily assigning district court judges to overworked districts), Congress did not intend to grant the power to remove …
A Tribute To Professor Mark H. Grunewald, Samuel W. Calhoun, Robert T. Danforth, Sidney S. Evans, Edward O. Henneman, Andrew W. Mcthenia, Brian C. Murchison, Joan M. Shaughnessy, Barry Sullivan, John W. Vardaman, Mark A. Williams
A Tribute To Professor Mark H. Grunewald, Samuel W. Calhoun, Robert T. Danforth, Sidney S. Evans, Edward O. Henneman, Andrew W. Mcthenia, Brian C. Murchison, Joan M. Shaughnessy, Barry Sullivan, John W. Vardaman, Mark A. Williams
Washington and Lee Law Review
No abstract provided.
Wilderness, Luck & Love: A Memoir And A Tribute, Neil Kagan
Wilderness, Luck & Love: A Memoir And A Tribute, Neil Kagan
Michigan Journal of Environmental & Administrative Law
In 1984, Congress preserved 8.2 million acres of roadless federal lands as "wilderness," nearly matching the acreage set aside in the Wilderness Act of 1964. Congress also created the most new wilderness areas ever in a single year, by far. Wilderness Connect, Number of Wilderness Areas Designated by Year, https://wilderness.net/practitioners/wilderness-areas/summary-reports/wilderness-areas-designated-by-year.php.
I brought two lawsuits in 1983 that proved to be the catalyst responsible for breaking the years-long impasse that had previously stymied the protection of these pristine wildlands. The lawsuits also pushed Congress to preserve more wildlands as wilderness than it would have otherwise.
This article describes the lawsuits, …
Personal Reflections On The Honorable Robert R. Merhige, Jr.: A Judge, Mentor, And Friend, Mary Kelly Tate
Personal Reflections On The Honorable Robert R. Merhige, Jr.: A Judge, Mentor, And Friend, Mary Kelly Tate
University of Richmond Law Review
Twenty-six years—half my lifetime—have passed since I joined Judge Merhige’s court family as his law clerk. I attempt here to sketch my personal impressions, distilling what to me was most remarkable about Robert R. Merhige, Jr. Perhaps unsurprisingly, this dynamic man turned legendary judge—a man I revered from the moment I met him—is more vivid to me now than he was to my younger self.
The Honorable Robert R. Merhige, Jr.: A Series On His Life And Career, Stephen N. Scaife
The Honorable Robert R. Merhige, Jr.: A Series On His Life And Career, Stephen N. Scaife
University of Richmond Law Review
No abstract provided.
The Honorable Robert R. Merhige, Jr.: A Judge Ahead Of His Time, Wayne A. Logan
The Honorable Robert R. Merhige, Jr.: A Judge Ahead Of His Time, Wayne A. Logan
University of Richmond Law Review
When one thinks about it, it is really quite incredible: a Brooklyn-born son of Lebanese and Irish immigrants with a distinct New York accent, standing well under six feet tall, attends a small North Carolina college on a basketball scholarship; serves with distinction in a bombing squadron in World War II; graduates from the University of Richmond School of Law (paying his way by serving as a night librarian); excels at the practice of law in a city (Richmond) not renowned for its receptivity to Yankees; wins election as president of the city’s Bar; and upon being appointed to the …
The Conscience Of Virginia: Judge Robert R. Merhige, Jr., And The Politics Of School Desegregation, Robert A. Pratt
The Conscience Of Virginia: Judge Robert R. Merhige, Jr., And The Politics Of School Desegregation, Robert A. Pratt
University of Richmond Law Review
The United States Supreme Court’s 1954 landmark decision in Brown v. Board of Education declared that segregation in public education violated the Fourteenth Amendment to the United States Constitution. For the millions of African Americans who had endured decades of separate and unequal schooling, this decision was a resounding reaffirmation of the nation’s commitment to equal justice under the law. But those who expected segregated schools to end overnight were in for a rude awakening. The National Association for the Advancement of Colored People (“NAACP”), which had led the legal assault against segregation since its founding in 1909, was encouraged …
Judge Merhige's Environmental Decisions: Expert Handling Of Groundbreaking Environmental Rulings And Complex Federal Jurisdictional Questions, Jim Vines
University of Richmond Law Review
It is a special privilege for me to contribute to this edition of the University of Richmond Law Review honoring Judge Robert R. Merhige, Jr. Here, I seek to highlight his contributions to United States environmental law. In 1988 and 1989, I was one of two recent law school graduates who clerked for Judge Merhige (“please call me by my first name; it’s ‘Judge’”). The Judge was a larger than life figure. As a federal trial judge, historically important and intellectually challenging cases seemed to find their way into his court in a volume not matched in many other federal …
Reclaiming A Great Judge's Legacy, Frank M. Coffin
Reclaiming A Great Judge's Legacy, Frank M. Coffin
Maine Law Review
In the legal profession a deep sigh of relief is heard over the land. After roughly two decades of incubation, the long-awaited biography of the great judge has arrived, Learned Hand: The Man and the Judge, by Stanford Law Professor Gerald Gunther. The book, in my opinion, is well worth the wait. Nearly 700 pages, plus a hundred more for footnotes, it nevertheless represents a heroic condensation of some 100,000 different items on file at Harvard Law School, including no fewer than 50,000 items of correspondence, 1,000 district court opinions, and nearly 3,000 circuit court opinions. The inventory alone requires …
George J. Mitchell: Maine's Environmental Senator, Michael R. Bosse
George J. Mitchell: Maine's Environmental Senator, Michael R. Bosse
Maine Law Review
The State of Maine is blessed with a history of impressive and respected politicians. Among others, the list includes James Blaine, Margaret Chase Smith, and Edmund S. Muskie. The State now must add the name of George J. Mitchell to these ranks. A native son of Waterville, Maine, he attended Bowdoin College, Georgetown University Law Center, and eventually catapulted himself into one of the most powerful political positions in the United States government when he was elected as majority leader of the United States Senate. During his tenure as majority leader, he helped to redefine the position through his strong …
Senator George Mitchell And The Constitution, G. Calvin Mackenzie
Senator George Mitchell And The Constitution, G. Calvin Mackenzie
Maine Law Review
In May of 1980, George J. Mitchell took the oath of office that all United States Senators have taken since 1868. The fourteen and one-half years of Mitchell's Senate service were a time of institutional and political tumult. For only two and one-half of those years were the Congress and the presidency controlled by the same party; only in those same two and one-half years did Mitchell serve with a President who was a member of his own party. This Article will examine a number of the most important constitutional issues that came before the Senate from 1980 through 1994. …
Cardozo, Andrew L. Kaufman
Leon Lazer (1921-2018), Jeffrey B. Morris
The Nature Of The Judicial Process: The Enduring Significance Of A Legal Classic, Joel K. Goldstein
The Nature Of The Judicial Process: The Enduring Significance Of A Legal Classic, Joel K. Goldstein
Touro Law Review
No abstract provided.
A Tribute To Judge Lazer, Eileen Kaufman
A Tribute To Leon Lazer, Rena C. Seplowitz
Ode To Judge Leon D. Lazer, Martin A. Schwartz
Leon D. Lazer: The Giant Among Us, Howard Glickstein
Leon D. Lazer: The Giant Among Us, Howard Glickstein
Touro Law Review
No abstract provided.
In Memory Of Roderick Glen Ayers, Jr. (1947–2017), Professor Of Law, St. Mary's University School Of Law, Craig A. Gargotta, William R. "Dick" Davis Jr.
In Memory Of Roderick Glen Ayers, Jr. (1947–2017), Professor Of Law, St. Mary's University School Of Law, Craig A. Gargotta, William R. "Dick" Davis Jr.
St. Mary's Law Journal
On September 27, 2017, Glen Ayers, a former professor at St. Mary’s School of Law, passed away suddenly and unexpectedly. Two St. Mary's alumni—Bankruptcy Judge Craig A. Gargotta (1989) and William R. “Dick” Davis, Jr. (1983)—have provided this tribute to an icon of San Antonio’s bankruptcy bar.