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Articles 1 - 23 of 23
Full-Text Articles in Law
Hosting Settlement Conferences: Effectiveness In The Judicial Role, Wayne Brazil
Hosting Settlement Conferences: Effectiveness In The Judicial Role, Wayne Brazil
Wayne Brazil
No abstract provided.
The Honorable William W. Schwarzer: Elevating Visions Of What A Judge Should Be, Wayne Brazil
The Honorable William W. Schwarzer: Elevating Visions Of What A Judge Should Be, Wayne Brazil
Wayne Brazil
No abstract provided.
American State Supreme Court Justices, 1900-1970, Robert Kagan, Bobby Infelise, Robert Detlefson
American State Supreme Court Justices, 1900-1970, Robert Kagan, Bobby Infelise, Robert Detlefson
Robert Kagan
No abstract provided.
For Judges: Suggestions About What To Say About Adr At Case Management Conferences--And How To Respond To Concerns Or Objections Raised By Counsel, Wayne Brazil
Wayne Brazil
No abstract provided.
Judicial Workload: Time, Tasks And Work Organisation, Kathy Mack, Anne Wallace, Sharyn Roach Anleu
Judicial Workload: Time, Tasks And Work Organisation, Kathy Mack, Anne Wallace, Sharyn Roach Anleu
Anne Wallace Professor
[No abstract available]
The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles Collier
The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles Collier
Charles W. Collier
No abstract provided.
Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna
Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna
Erik Luna
Not available.
Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron
Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron
Charles H. Baron
In some situations, courts may be better sources of new law than legislatures. Some support for this proposition is provided by the performance of American courts in the development of law regarding the “right to die.” When confronted with the problems presented by mid-Twentieth Century technological advances in prolonging human life, American legislators were slow to act. It was the state common law courts, beginning with Quinlan in 1976, that took primary responsibility for gradually crafting new legal principles that excepted withdrawal of life-prolonging treatment from the application of general laws dealing with homicide and suicide. These courts, like the …
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …
Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Jeffrey Morris
Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Jeffrey Morris
Jeffrey B. Morris
No abstract provided.
Calmly To Poise The Scales Of Justice: A History Of The Courts Of The District Of Columbia Circuit, Jeffrey Morris, Chris Rohmann
Calmly To Poise The Scales Of Justice: A History Of The Courts Of The District Of Columbia Circuit, Jeffrey Morris, Chris Rohmann
Jeffrey B. Morris
No abstract provided.
Doctrinal Conversation: Justice Kagan's Supreme Court Opinions, Laura Ray
Doctrinal Conversation: Justice Kagan's Supreme Court Opinions, Laura Ray
Laura K. Ray
In her first two terms on the Supreme Court, Justice Elena Kagan has crafted a distinctive judicial voice that speaks to her readers in a remarkably conversational tone. She employs a variety of rhetorical devices: invocations to “remember” or “pretend”; informal and even colloquial diction; a diverse assortment of similes and metaphors; and parenthetical interjections that guide the reader’s response. These strategies engage the reader in much the same way that Kagan as law professor may well have worked to engage her students, and in the context of judicial opinions they serve several purposes. They make Kagan’s opinions accessible to …
Circumstance And Strategy: Jointly Authored Supreme Court Opinions, Laura Ray
Circumstance And Strategy: Jointly Authored Supreme Court Opinions, Laura Ray
Laura K. Ray
The standard form of authorship for a Supreme Court opinion is a single author who then may be joined by any colleagues who are in agreement. There is, however, a significant and overlooked variant of this form, one used in a small cluster of major cases, most of them landmark decisions, over the past seventy years: the jointly authored opinion. In these cases, there may be as many as nine authors signing an opinion (as in Cooper v. Aaron) or as few as two (as in McConnell v. FEC). All the signatories may be credited with the entire opinion (as …
From The Bench To The Screen: The Woman Judge In Film, Laura Ray
From The Bench To The Screen: The Woman Judge In Film, Laura Ray
Laura K. Ray
Although there has been a dramatic increase in the number of women judges over the past half century, their cinematic counterparts have failed to reflect that change. This Article explores the paradoxical relationship between social reality and its representation on screen to identify a lingering resistance to the idea of women exercising judicial power. The Article first examines the sparse history of women judges as central characters in films of the 1930s, finding the tension in those films between judicial authority and domestic happiness. It then turns to Hollywood’s romantic comedies of the 1940s, which resolved that tension through the …
From Clerk To Justice: Lessons Drawn From Justice Stevens' Year With Wiley Rutledge, Laura Ray
From Clerk To Justice: Lessons Drawn From Justice Stevens' Year With Wiley Rutledge, Laura Ray
Laura K. Ray
No abstract provided.
The Legacy Of A Supreme Court Clerkship: Stephen Breyer And Arthur Goldberg, Laura Ray
The Legacy Of A Supreme Court Clerkship: Stephen Breyer And Arthur Goldberg, Laura Ray
Laura K. Ray
No abstract provided.
America Meets The Justices: Explaining The Supreme Court To The General Reader, Laura Ray
America Meets The Justices: Explaining The Supreme Court To The General Reader, Laura Ray
Laura K. Ray
Curiosity about the Justices of the Supreme Court has increased dramatically since the New Deal era, when Americans first became aware of how directly the Court’s decisions affected their lives. That interest is reflected in three books about the Court written for a general audience, all of them provoking controversy and attracting substantial numbers of readers. In 1936 Washington columnists Drew Pearson and Robert S. Allen published The Nine Old Men, a partisan attack on the conservative members of the Court as political actors driven by their individual attitudes rather than by the law. Over forty years later, investigative journalists …
Justice Ginsburg And The Middle Way, Laura K. Ray
Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura K. Ray
Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura K. Ray
Laura K. Ray
No abstract provided.
Social Norms And Judicial Rulemaking: Commitment To Political Process And The Basis Of Tort Law, Martin A. Kotler
Social Norms And Judicial Rulemaking: Commitment To Political Process And The Basis Of Tort Law, Martin A. Kotler
Martin A. Kotler
This Article looks at the respective roles of judges and juries in common law civil litigation and considers the legitimacy of both in light of our essential commitment to majoritarian politics. It concludes that the legitimacy of judicial rulemaking is highly suspect and can be justified when necessary to protect the political process by policing fraud and under a few other narrow sets of circumstances. Jury decision-making, on the other hand, is by far more defensible representing, as it does, a form of direct participatory democracy.
Thus, although the tort reform debate often focuses on the conflict between legislative bodies …
Autobiography And Opinion: The Romantic Jurisprudence Of Justice William O. Douglas, Laura K. Ray
Autobiography And Opinion: The Romantic Jurisprudence Of Justice William O. Douglas, Laura K. Ray
Laura K. Ray
No abstract provided.
Judicial Fictions: Images Of Supreme Court Justices In The Novel, Drama, And Film, Laura K. Ray
Judicial Fictions: Images Of Supreme Court Justices In The Novel, Drama, And Film, Laura K. Ray
Laura K. Ray
No abstract provided.
The Justices Write Separately: Uses Of The Concurrence By The Rehnquist Court, Laura K. Ray
The Justices Write Separately: Uses Of The Concurrence By The Rehnquist Court, Laura K. Ray
Laura K. Ray
No abstract provided.