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Articles 1 - 30 of 131
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Bombs Under Bangor: The Ninth Circuit Holds Submarine Base Siting Beyond The Scope Of Nepa And The Esa. Ground Zero Center For Non-Violent Action V. U.S. Department Of The Navy, Crystal L. Hermann
Bombs Under Bangor: The Ninth Circuit Holds Submarine Base Siting Beyond The Scope Of Nepa And The Esa. Ground Zero Center For Non-Violent Action V. U.S. Department Of The Navy, Crystal L. Hermann
Journal of Environmental and Sustainability Law
No abstract provided.
On The Basis For Creation Of A New Method Of Defining International Jurisdiction In The Arctic Ocean, Barry Hart Dubner
On The Basis For Creation Of A New Method Of Defining International Jurisdiction In The Arctic Ocean, Barry Hart Dubner
Journal of Environmental and Sustainability Law
No abstract provided.
Hunting On National Wildlife Refuges: Unchecked Expansion Or Fully Compatible Use?, Kurt R. Moser
Hunting On National Wildlife Refuges: Unchecked Expansion Or Fully Compatible Use?, Kurt R. Moser
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Updates
Journal of Environmental and Sustainability Law
No abstract provided.
Public Health And Safety Exception: Finding A "Position Of Trust" Where None Exists. United States V. Snook, John R. Griffith
Public Health And Safety Exception: Finding A "Position Of Trust" Where None Exists. United States V. Snook, John R. Griffith
Journal of Environmental and Sustainability Law
No abstract provided.
Upping The Ante: Fines For Ignoring Epa Information Requests Unlikely To Be "Excessive" In Sixth Circuit. United States V. Gurley , Jason M. Scherer
Upping The Ante: Fines For Ignoring Epa Information Requests Unlikely To Be "Excessive" In Sixth Circuit. United States V. Gurley , Jason M. Scherer
Journal of Environmental and Sustainability Law
No abstract provided.
Justice Harry Blackmun And The Phenomenon Of Judicial Preference Change, Theodore W. Ruger
Justice Harry Blackmun And The Phenomenon Of Judicial Preference Change, Theodore W. Ruger
Missouri Law Review
We are fond of putting our judges into neat adjectival boxes, particularly when they sit on the Supreme Court. These typologies often reflect perceived attitudinal or ideological preferences; some Justices are called "liberal" or "conservative" or "moderate," or occasionally some hyphenated combination thereof. Or the labels might seek to capture variations in jurisprudential philosophy or method, such as "formalist," "pragmatist," "originalist," "textualist," or "minimalist." No Justice is immune from this classification game, and the subject of this symposium is an apt example. From the moment of his nomination by President Nixon in 1970, Harry A. Blackmun attracted a bevy of …
Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers, Martha Dragich Pearson, Christina E. Wells
Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers, Martha Dragich Pearson, Christina E. Wells
Missouri Law Review
Justice Blackmun's papers were opened to the public on March 4, 2004, the fifth anniversary of his death. Held in the Manuscript Division of the Library of Congress, the collection includes over half a million items, many handwritten by Justice Blackmun. Anyone can read them. For legal scholars, this kind of research can only be described as exhilarating and many of the articles in this symposium draw on research from Justice Blackmun's papers. For the public, the release comes at a time when the interest in judges is particularly acute.
Politics And Judgment, Suzanna Sherry
Politics And Judgment, Suzanna Sherry
Missouri Law Review
Two hundred years after its most famous invocation in Marbury v. Madison, judicial review has apparently lost its luster. Despite its global spread, it is in disrepute in its country of origin. The mainstream American academic attitude toward judicial review as practiced by the modem Supreme Court ranges from open hostility to a position similar to Winston Churchill's on democracy: It is the worst way to implement a Constitution, except for all the rest. In this essay, I want to explain the source of the hostility, defend judicial review against its critics, and make a few suggestions for improvement.
Monastic Life Of A Federal Distric Judge, The, Colleen Mcmahon
Monastic Life Of A Federal Distric Judge, The, Colleen Mcmahon
Missouri Law Review
There is no one on earch more monk-like than a federal district judge. As a result, there is no one on earth who more surely needs to have some understanding of core monastic virtures in order to do the job well.
Burger-Blackmun Relationship: Lessons For Collegiality From The Blackmun Papers, The, Duane Benton, Barrett J. Vahle
Burger-Blackmun Relationship: Lessons For Collegiality From The Blackmun Papers, The, Duane Benton, Barrett J. Vahle
Missouri Law Review
The [Blackmun] Papers have extensive correspondence, diaries, and other documents illuminating the relationship between Blackmun and Burger. The general thesis presented by Woodward & Amrstrong, Lewis, Greenhouse, Totenberg, and Munford is accurate. This article examines the Papers in detail, against the backdrop of the literature on collegiality. We find a very complex relationship: in the 1950s and 1960s, Burger provided a vital Washington connection for, and political clout to, Blackmun. During those two decades, Blackmun was a key link back to Minnesota, and a solic supporter for Burger. When the two became colleagues on the Supreme Court in 1970, their …
Lifting The Veil: Justice Blackmun's Papers And The Public Perception Of The Supreme Court, Tony Mauro
Lifting The Veil: Justice Blackmun's Papers And The Public Perception Of The Supreme Court, Tony Mauro
Missouri Law Review
The starting point of any discussion of the public perception of the United States Supreme Court is the liklihood that no public perception exists. By and large, the Supreme Court operates at the very outer edges of public awareness; for years, polls have indicated that many more Americans know the names of the three Stooges than any three Supreme Court justices.
Willful Judging Of Harry Blackmun, The, Gregory C. Sisk
Willful Judging Of Harry Blackmun, The, Gregory C. Sisk
Missouri Law Review
As an invited guest at a symposium in which a central place is given to examining the personal papers and judicial life of a jurist who is esteemed and even revered by many of those participating and attending, my playing of a negative note may sound discordant. Indeed, it may appear downright rude. Because my hosts assured me that the academic ideal of balanced perspectives and critical analysis animated this symposium, and that they would expect nothing less than such a countervailing viewpoint from me, I feel less churlish than otherwise I might.
Tales From The Blackmun Papers: A Fuller Appreciation Of Harry Blackmun's Judicial Legacy, Joseph F. Kobylka
Tales From The Blackmun Papers: A Fuller Appreciation Of Harry Blackmun's Judicial Legacy, Joseph F. Kobylka
Missouri Law Review
Even after he leaves the Court, a Justice remains part of the orchestra. Those who succeed him may not copy his style, but often play within the same melodic and rhythmic structures. Justice Blackmun himself, over the course of preparing his Roe and Doe opinions, eventually fell into the structures put in place in cases ranging from Union Pacific Railway Co. v. Botsford to Stanley v. Georgia. The Justices he left behind did much the same with Roe and, more significantly, Bowers. The Court's decision in Planned Parenthood of Southeastern Pennsylvania v. Casey represented a partial "victory" for Justice Blackmun, …
Perspectives On Decisionmaking From The Blackmun Papers: The Cases On Arbitrability Of Statutory Claims, Ellen E. Deason
Perspectives On Decisionmaking From The Blackmun Papers: The Cases On Arbitrability Of Statutory Claims, Ellen E. Deason
Missouri Law Review
Judges' decisions must rank among the most documented types of decisionmaking. At the appellate level, in particular, the arguments made to judges are a matter of record and the decisions are recorded in written opinions that provide a reasoned explanation. Yet there are many unknowns about this decisionmaking process. This article draws on information found in the Blackmun Papers collection at the Library of Congress to explore Supreme Court decisionmaking as illustrated in the series of cases that opened the door to welcome arbitration of statutory claims. I The cases brought about the weakening and eventual abrogation of a long-standing …
Revelations From The Blackmun Papers On The Development Of Death Penalty Law, Martha Dragich Pearson
Revelations From The Blackmun Papers On The Development Of Death Penalty Law, Martha Dragich Pearson
Missouri Law Review
Justice Blackmun's legacy is strongly linked to two issues - abortion and capital punishment. Blackmun's opinions in these controversial areas account for much of the notion that his ideology changed while on the Court. Participants in this Symposium have reflected on these and other areas where Justice Blackmun left his mark on American law. Professor Deason explores the arbitrability cases and shows that the Court struggled - and Justices changed their minds - even in connection with relatively technical legal issues arising in non-controversial commercial contexts. One reason the Court struggles with some issues is that legal standards are (or …
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Missouri Law Review
As we see in this symposium, Justice Harry Blackmun is as controversial in death as he was in life. His strongest critics, such as Professor Greg Sisk, view the Justice as an unprincipled judge who let his personal views on the issues before the Court control his jurisprudence.' More damning words cannot be spoken about a judge, and Roe v. Wade of course is the case they focus on. His strongest proponents, most famously Yale Law School Dean Harold Koh and Stanford Law School Professor Pam Karlan, view the Justice as a man of high principle who worked carefully, methodically, …
Why Do Supreme Court Justices Succeed Or Fail - Harry Blackmun As An Example, Lawrence S. Wrightsman, Justin R. La Mort
Why Do Supreme Court Justices Succeed Or Fail - Harry Blackmun As An Example, Lawrence S. Wrightsman, Justin R. La Mort
Missouri Law Review
At present, 108 Justices have served on the United States Supreme Court. Some have clearly been successes as judges, while a few have clearly not, and a large number are cast into that middle, "satisfactory" or "average," category. The purpose of this paper is to propose, examine, and evaluate specific factors as determinants of judicial success, and then to consider Justice Harry Blackmun's place on a continuum of successes and failures. The paper is divided into three sections. First, it reviews several ideal qualities and examines the results of several surveys of experts, which classify the Justices into categories based …
Internationalism Of Justice Harry Blackmun, The, Margaret E. Mcguinness
Internationalism Of Justice Harry Blackmun, The, Margaret E. Mcguinness
Missouri Law Review
This comment is intended to provide a roadmap for closer examination of the Blackmun Papers and to evaluate the sources of internationalism in Justice Blackmun's opinions. An understanding of those sources can in turn inform typologies of internationalism among other Justices, past, present, and future. It seems particularly salient to be discussing the internationalist aspects of Justice Blackmun's legacy today, at a time when the Court is deeply divided on questions of executive power over foreign affairs, the relevance of foreign and international political practices and judicial opinions to constitutional interpretation, and the extent to which decisions of international tribunals …
Did Roe V. Wade Pass The Arbitrary And Capricious Test, Daniel A. Farber
Did Roe V. Wade Pass The Arbitrary And Capricious Test, Daniel A. Farber
Missouri Law Review
Justice Blackmun sat on 3,653 cases during his twenty-four terms on the Supreme Court, yet he will surely be best remembered for his role in one case, Roe v. Wade. Seldom has a judicial decision been more controversial. True, many opinions are harshly criticized. But the criticisms of Roe were distinctive. According to critics, Roe was not merely bad law, in some sense it was not law at all. One particularly outspoken critic recently calls Roe "perhaps the most indefensible 'constitutional' decision ever reached by this Court to date' as well as "manifestly and atrociously contrary to the Constitution."
Some Reflections On The Symposium: Judging, The Classical Legal Paradigm, And The Possible Contributions Of Science, Christina E. Wells
Some Reflections On The Symposium: Judging, The Classical Legal Paradigm, And The Possible Contributions Of Science, Christina E. Wells
Missouri Law Review
One theme running through the many excellent contributions to this symposium involves the myriad influences of judicial decision-making. As Professor Wrightsman notes, Supreme Court Justices' personal characteristics may affect their ability to influence colleagues and, consequently, the outcome of Supreme Court decisions. Professor Ruger observes that judges have both attitudinal and jurisprudential preferences that may change over time, affecting legal outcomes differently as time passes. Professor Sisk similarly notes that judges' personal values and experiences influence their decision-making. These observations are consistent with those of numerous other scholars, who find wide-ranging and diverse influences on the judicial resolution of legal …
Current State Of Co-Employee Immunity Under Workers' Compensation Law, The, Michael S. Kruse
Current State Of Co-Employee Immunity Under Workers' Compensation Law, The, Michael S. Kruse
Missouri Law Review
The exclusivity provision of Missouri's Workers' Compensation Act ("the Act") essentially constitutes a statutory mandated quid-pro-quo agreement amongst employees and their employers. Under the terms of the Act, employers incur the burden of no-fault liability for workplace injuries. The Act states that "[e]very employer ... shall be liable, irrespective of negligence, to furnish compensation . . . for personal injury or death of the employee by accident arising out of and in the course of [his] employment." In exchange for employers incurring this burden, the Act statutorily abrogates any common law right of action the employee may hold against the …
Does Loss Of Custody Of A Child Resulting From Attorney Negligence Cause Damage, Jesse E. Weisshaar
Does Loss Of Custody Of A Child Resulting From Attorney Negligence Cause Damage, Jesse E. Weisshaar
Missouri Law Review
Attorneys face the prospect of legal malpractice actions on a daily basis and in regard to every type of legal issue with which they deal. Indeed, a lawyer's negligence subjects him to liability whether he has mishandled a multimillion dollar business transaction or failed to adequately represent his client in a custody battle over the client's children. Whereas the harm in the former example is clearly monetary, the latter example presents the issue of whether the client can recover monetary damages for loss of custody of his child, a harm that is non-economic in nature. While few people would likely …
Which One Here Is Not Like The Others - No Third-Party Standing For Lawyers To Assert Indigent Criminal Defendants' Right To Counsel On Appeal, Courtney C. Stirrat
Which One Here Is Not Like The Others - No Third-Party Standing For Lawyers To Assert Indigent Criminal Defendants' Right To Counsel On Appeal, Courtney C. Stirrat
Missouri Law Review
In Kowalski v. Tesmer, the Supreme Court held that attorneys lack standing to assert the rights of indigent criminal defendants.1t The Court's application of its prudential rules of standing presents great concern, as it leaves thirty years of precedent in doubt. This Note examines the parameters of the Court's prudential standing requirements and the great shift in thirdparty standing after Kowalski.1
No More Russian Roulette: Chapter 13 Cram-Down Creditors Take A Bullet, Jon W. Jordan
No More Russian Roulette: Chapter 13 Cram-Down Creditors Take A Bullet, Jon W. Jordan
Missouri Law Review
Until the United States Supreme Court's decision in Till v. SCS Credit Corp., secured creditors in Chapter 13 bankruptcy cases likely viewed the forced acceptance of a debtor's Chapter 13 repayment plan as a high-stakes game of chance. Prior to this decision, the interest rate applied to the deferred payments to "cram-down" creditors varied dramatically, depending upon the jurisdiction in which the debtor filed bankruptcy and the broad discretion of the bankruptcy court judge. However, by misinterpreting the legislative intent of Congress, the Supreme Court adopted a standard that will consistently under-compensate creditors. Suddenly, secured creditors' high-stakes game of chance …
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Royce De R. Barondes, Thomas A. Lambert
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Royce De R. Barondes, Thomas A. Lambert
Faculty Publications
The Executive Committee of the Association of American Law Schools has adopted a Statement of Good Practices that purports to limit the times when law schools may make offers to hire faculty members at other schools. Schools are generally not to make offers for indefinite appointments to professors on other faculties after March 1, subject to extension for two months with the consent of the incumbent's dean. They also are not to make offers contemplating resignation from a current faculty position more than two weeks following those deadlines. Proceeding on the assumption that the AALS policy, whose express terms are …
Mr. Madison Meets A Time Machine: The Political Science Of Federal Sentencing Reform, Frank O. Bowman Iii
Mr. Madison Meets A Time Machine: The Political Science Of Federal Sentencing Reform, Frank O. Bowman Iii
Faculty Publications
This is the third in a series of articles analyzing the current turmoil in federal criminal sentencing and offering suggestions for improvements in the federal sentencing system. The first article, "The Failure of the Federal Sentencing Guidelines: A Structural Analysis," 105 COLUMBIA L. REV. 1315 (2005), analyzed the structural failures of the complex federal sentencing guidelines system, particularly those arising from imbalances among the primary institutional sentencing actors - Congress, the judiciary, the Justice Department, and the U.S. Sentencing Commission. The second, "Beyond BandAids: A Proposal for Reconfiguring Federal Sentencing After Booker," 2005 U. OF CHICAGO LEGAL FORUM 149 (2005), …
The Aba/Aals Sabbatical Site Inspection: Strangers In A Strange Land, R. Lawrence Dessem
The Aba/Aals Sabbatical Site Inspection: Strangers In A Strange Land, R. Lawrence Dessem
Faculty Publications
At some point in their deanships, most law school deans will host a sabbatical site inspection of their law school by the American Bar Association (ABA) and the Association of American Law Schools (AALS). Virtually all deans also will have the opportunity to serve as a representative of the ABA or AALS on a team inspecting another law school. In this article I will discuss these site visits from the dean's perspective.
Foreword--Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Martha Dragich, Christina E. Wells
Foreword--Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Martha Dragich, Christina E. Wells
Faculty Publications
Justice Blackmun's papers were opened to the public on March 4, 2004, the fifth anniversary of his death. Held in the Manuscript Division of the Library of Congress, the collection includes over half a million items, many handwritten by Justice Blackmun. Anyone can read them. For legal scholars, this kind of research can only be described as exhilarating and many of the articles in this symposium draw on research from Justice Blackmun's papers. For the public, the release comes at a time when the interest in judges is particularly acute.