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Articles 31 - 53 of 53
Full-Text Articles in Law
Careful What You Wish For: Tough Questions, Honest Answers, And Innovative Approaches To Appointive Judicial Selection, Steven Zeidman
Careful What You Wish For: Tough Questions, Honest Answers, And Innovative Approaches To Appointive Judicial Selection, Steven Zeidman
Fordham Urban Law Journal
This Essay, informed in significant part by personal experience, examines in greater detail some of the common features of appointive systems, and in the process raises issues, concerns, and questions. Every step of the way the goal remains the same—to devise an appointive system most likely to yield as outstanding a judiciary as possible.
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.
A Tribute To Hon. George Bundy Smith -- Colleague, Teacher, And Friend, Judith S. Kaye
A Tribute To Hon. George Bundy Smith -- Colleague, Teacher, And Friend, Judith S. Kaye
Fordham Urban Law Journal
A tribute to Judge George Bundy Smith, discussing his work ethic both as a judge, professor, and mentor, his principles as a jurist, and his personal qualities.
A Tribute To Hon. George Bundy Smith -- A Good Lawyer, Mark Alcott
A Tribute To Hon. George Bundy Smith -- A Good Lawyer, Mark Alcott
Fordham Urban Law Journal
Speech given in tribute to George Bundy Smith, including discussion of his contributions to Fordham Law activities, volunteer organizations, and for the New York State Bar Association, in addition to his work as a writer, teacher, and family member.
A Tribute To Hon. George Bundy Smith -- Excellence, Sandra Jefferson Grannum
A Tribute To Hon. George Bundy Smith -- Excellence, Sandra Jefferson Grannum
Fordham Urban Law Journal
A tribute to George Bundy Smith, focusing on his commitment to excellence as a teacher, mentor, and professional.
A Tribute To Hon. George Bundy Smith -- A Remarkable Jurist And A Remarkable Man, Cornett Lewers
A Tribute To Hon. George Bundy Smith -- A Remarkable Jurist And A Remarkable Man, Cornett Lewers
Fordham Urban Law Journal
A tribute to George Bundy Smith, emphasizing his contributions to The Metropolitan Black Bar Association and the Metropolitan Black Bar Scholarship Fund, as well as his past work as a civil rights protester, and an accomplished jurist.
A Tribute To Hon. George Bundy Smith -- Leadership, Fern Fisher
A Tribute To Hon. George Bundy Smith -- Leadership, Fern Fisher
Fordham Urban Law Journal
A tribute to George Bundy Smith, highlighting his commitment to social justice.
How The Pickers Pick: Finding A Set Of Best Practices For Judicial Nominating Commissions, Rachel Paine Caufield
How The Pickers Pick: Finding A Set Of Best Practices For Judicial Nominating Commissions, Rachel Paine Caufield
Fordham Urban Law Journal
This article discusses the history and development of judicial selection in the states. It examines the 'merit selection' system of judicial appointment and the role of nominating commissions. The article concludes with a section of recommendations for the best practices that should be formally written down and adopted by nominating commissions.
On The Validity And Vitality Of Arizona’S Judicial Merit Selection System: Past, Present, And Future, Mark I. Harrison, Sara S. Greene, Keith Swisher, Meghan H. Grabel
On The Validity And Vitality Of Arizona’S Judicial Merit Selection System: Past, Present, And Future, Mark I. Harrison, Sara S. Greene, Keith Swisher, Meghan H. Grabel
Fordham Urban Law Journal
This Article demonstrates that merit selection is functioning commendably in Arizona and, for the most part, provides the public with a judicial selection process far more informative and generally superior to “traditional elections.” Part I of this Article sketches the history of Arizona’s merit selection of judges and its previous state-wide judicial election system. Part II discusses and analyzes attacks on merit selection and, in addition, assesses the effect of the Judicial Performance Review program initiated in 1992 to enhance the efficacy of the merit selection system. Finally, Part III describes the current status of merit selection in Arizona and …
A Tribute To Hon. George Bundy Smith, William Michael Treanor
A Tribute To Hon. George Bundy Smith, William Michael Treanor
Fordham Urban Law Journal
Opening remarks at ceremony honoring Judge George Bundy Smith, including anecdotes from past students, an overview of Judge Smith's career and accomplishments, and a recognition of distinguished guests in the audience.
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. …
Foreseeing Greatness - Measurable Performance Criteria And The Selection Of Supreme Court Justices Symposium: Empirical Measures Of Judicial Performance, James J. Brudney
Foreseeing Greatness - Measurable Performance Criteria And The Selection Of Supreme Court Justices Symposium: Empirical Measures Of Judicial Performance, James J. Brudney
Faculty Scholarship
This article contributes to an ongoing debate about the feasibility and desirability 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 …
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.