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Full-Text Articles in Law
Disparities On Judicial Conduct Commissions, Nino C. Monea
Disparities On Judicial Conduct Commissions, Nino C. Monea
Marquette Law Review
Every state has a judicial conduct commission responsible for investigating complaints against judges and issuing sanctions where appropriate. But the judicial disciplinary system needs fixing. This Article examines 466 cases of public discipline from five states to illustrate the shortcomings of the present system. The status quo hides judicial misconduct from the public, fails to punish judges who abuse their office, and gives judges greater protections than criminal defendants, even when the stakes are lower.
Texans Shortlisted For The U.S. Supreme Court: Why Did Lightning Only Strike Once?, The Honorable John G. Browning
Texans Shortlisted For The U.S. Supreme Court: Why Did Lightning Only Strike Once?, The Honorable John G. Browning
St. Mary's Law Journal
No abstract provided.
Fifty Years Of Canadian Legal History, Jim Phillips, Philip Girard
Fifty Years Of Canadian Legal History, Jim Phillips, Philip Girard
Dalhousie Law Journal
Fifty years ago Canadian legal history was very much in its infancy. What little had been published was in equal measure antiquarian, descriptive, and hagiographic. The field has undergone a profound transformation in the last half-century. We now know a great deal more about all aspects of our legal past, about our institutions, our legal personnel, and the substantive law. The field has also become much more sophisticated, concerned not only with internal legal developments but increasingly with the relationships between law and other aspects of Canadian history. Social history, labour history, women’s history, economic, intellectual, cultural and political history, …
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
Articles in Law Reviews & Other Academic Journals
This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …