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Articles 31 - 44 of 44
Full-Text Articles in Law
Designing An Appointive System: The Key Issues, G. Alan Tarr
Designing An Appointive System: The Key Issues, G. Alan Tarr
Fordham Urban Law Journal
This article contains a selection of advice on how to improve the judicial selection system. The article explains that reconsideration of the judicial appointive systems must include both the broadly theoretical and the intensely practical. It should identify the key questions that must be addressed in creating a system of judicial appointment, elaborate and defend the principles that should guide choices among alternative appointive systems, and clarify how those principles can be translated into institutional arrangements that will advance the goal of a quality judiciary. This reconsideration should also take seriously the arguments and claims of those who oppose the …
A Cancer On The Republic: The Assault Upon Impartiality Of State Courts And The Challenge To Judicial Selection, Donald L. Burnett
A Cancer On The Republic: The Assault Upon Impartiality Of State Courts And The Challenge To Judicial Selection, Donald L. Burnett
Fordham Urban Law Journal
This Article examines judicial impartiality in the context of the state courts. Section I endeavors to show how impartial state courts are essential to fulfilling the constitutional guarantees of a republican form of government and of due process and equal protection of the law. Section II describes the current assault upon the impartiality of state courts, and Section III suggests several ways in which this cancer on the republic can be slowed or reversed—by specific actions within, or related to, the judicial selection process.
Federal Sentencing Under "Advisory" Guidelines: Observations By District Judges, Lynn S. Adelman, Nancy Gertner, Richard G. Kopf, Gerard E. Lynch, Gregory A. Presnell
Federal Sentencing Under "Advisory" Guidelines: Observations By District Judges, Lynn S. Adelman, Nancy Gertner, Richard G. Kopf, Gerard E. Lynch, Gregory A. Presnell
Fordham Law Review
No abstract provided.
Prosecuting Judges For Ethical Violations: Are Criminal Sanctions Constitutional And Prudent, Or Do They Constitute A Threat To Judicial Independence?, Abraham Abramovsky, Jonathan I. Edelstein
Prosecuting Judges For Ethical Violations: Are Criminal Sanctions Constitutional And Prudent, Or Do They Constitute A Threat To Judicial Independence?, Abraham Abramovsky, Jonathan I. Edelstein
Fordham Urban Law Journal
This Article examines the constitutional and practical issues surrounding the prosecutions of judges for ethical violations. The first part of this Article will focus on the Garson prosecution as an example of unwarranted prosecution of judges for violation of ethical codes. The second part examines cases elsewhere in the United States in which judges and other public officials have been prosecuted for violations of ethical codes. Finally, the third part discusses the threats to judicial independence that exist even under the current American legal Framework, as well as the growing tendency to blur the line between civil and criminal liability. …
Report Of The Working Group On The Judicial Role, Kathleen Mccree Lewis
Report Of The Working Group On The Judicial Role, Kathleen Mccree Lewis
Fordham Law Review
No abstract provided.
Women In The Federal Judiciary: Three Way Pavers And The Exhilirating Change President Carter Wrought, Ruth Bader Ginsburg, Laura W. Brill
Women In The Federal Judiciary: Three Way Pavers And The Exhilirating Change President Carter Wrought, Ruth Bader Ginsburg, Laura W. Brill
Fordham Law Review
No abstract provided.
Reagan's Judicial Appointees And Antitrust In The 1990s, William E. Kovacic
Reagan's Judicial Appointees And Antitrust In The 1990s, William E. Kovacic
Fordham Law Review
No abstract provided.
Insulating Incumbent Judges From The Vicissitudes Of The Political Arena: Retention Elections As A Viable Alternative, David J. Papier
Insulating Incumbent Judges From The Vicissitudes Of The Political Arena: Retention Elections As A Viable Alternative, David J. Papier
Fordham Urban Law Journal
This Note proposes legislation that would cure many deficiencies in the present system of judicial tenure in New York. First, the Note examines the present retention system for trial court judges in New York State in light of the strict standards of judicial ethics the CJC imposes on sitting judges. Part II analyzes several problems in the current reelection process, focusing on the complex predicament a judicial incumbent faces as a result of having to return to the political arena. Part III then explores three possible alternatives to the present reelection system.' Finally, the Note recommends that the New York …
What Constitutes A Judicial Act For Purposes Of Judicial Immunity?, Joseph Romagnoli
What Constitutes A Judicial Act For Purposes Of Judicial Immunity?, Joseph Romagnoli
Fordham Law Review
No abstract provided.
Barristers And Judges In England Today, Rt. Hon. Sir Robert Megarry
Barristers And Judges In England Today, Rt. Hon. Sir Robert Megarry
Fordham Law Review
No abstract provided.
Judicial Removal In New York: A New Look, Edwin L. Gasperini, Arnold S. Anderson, Patrick W. Mcginley
Judicial Removal In New York: A New Look, Edwin L. Gasperini, Arnold S. Anderson, Patrick W. Mcginley
Fordham Law Review
No abstract provided.
Impeaching Federal Judges: A Study Of The Constitutional Provisions, John D. Feerick
Impeaching Federal Judges: A Study Of The Constitutional Provisions, John D. Feerick
Fordham Law Review
No abstract provided.
Sua Sponte Consideration In Appellate Review, Allan D. Vestal
Sua Sponte Consideration In Appellate Review, Allan D. Vestal
Fordham Law Review
No abstract provided.
Why Law School Reviews? A Symposium: Law School Reviews And The Courts, Frederick Evan Crane, William D. Guthrie, Ignatius M. Wilkinson
Why Law School Reviews? A Symposium: Law School Reviews And The Courts, Frederick Evan Crane, William D. Guthrie, Ignatius M. Wilkinson
Fordham Law Review
No abstract provided.