Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Judges (35)
- Courts (16)
- Supreme Court of the United States (6)
- Constitutional Law (5)
- Criminal Procedure (4)
-
- Law and Politics (4)
- Legal Biography (4)
- Civil Procedure (3)
- Criminal Law (3)
- Legal Ethics and Professional Responsibility (3)
- Legislation (3)
- Jurisdiction (2)
- Jurisprudence (2)
- Labor and Employment Law (2)
- Legal Writing and Research (2)
- Business (1)
- Comparative and Foreign Law (1)
- Dispute Resolution and Arbitration (1)
- Elder Law (1)
- First Amendment (1)
- Labor Relations (1)
- Law and Psychology (1)
- Legal History (1)
- Legal Profession (1)
- Litigation (1)
- President/Executive Department (1)
- State and Local Government Law (1)
- Institution
Articles 31 - 48 of 48
Full-Text Articles in Law
Beyond Bandaids: A Proposal For Reconfiguring Federal Sentencing After Booker, Frank O. Bowman Iii
Beyond Bandaids: A Proposal For Reconfiguring Federal Sentencing After Booker, Frank O. Bowman Iii
Faculty Publications
This Article proposes a simplified sentencing table consisting of nine base sentencing ranges, each subdivided into three sub-ranges. The base sentencing range would be determined by combining offense facts found by a jury or admitted in a plea with the defendant's criminal history. A defendant's placement in the sub-ranges would be determined by post-conviction judicial findings of sentencing factors. No upward departures from the base sentencing range would be permissible, but defendants might be sentenced below the low end of the base sentencing range as a result of an acceptance of responsibility credit or due to a downward departure motion. …
Fear And Loathing In Constitutional Decision-Making, Christina E. Wells
Fear And Loathing In Constitutional Decision-Making, Christina E. Wells
Faculty Publications
National security crises are particularly difficult on the judiciary. Faced with a threat to the country's integrity, such cases require judges rationally and fairly to weigh this hefty interest against the rights of persons suspected of posing that very threat. Not surprisingly, judges have rarely lived up to this task as many have fallen sway to the same fear and prejudice that gripped the county during these times. Scholars have written extensively about judicial capitulation to fear and prejudice in such well-known cases as Schenck v. United States, Korematsu v. United States, and Dennis v. United States, with some lamenting …
Congressional Threats Of Removal Against Federal Judges, Marc O. Degirolami
Congressional Threats Of Removal Against Federal Judges, Marc O. Degirolami
Faculty Publications
The federal judicial branch has lately become the object of increasing scrutiny and distrust by its legislative counterpart. Congressional suspicion is often directed toward judicial discretion in criminal sentencing and, more generally, the degree to which judges are perceived to be beholden to a particular ideological point of view or personal bias. This distrust has bred a potent strain of political opportunism that Congress has manifested in several recent bills. One of these, the Feeney Amendment to the PROTECT Act, all but eliminated judicial discretion in sentencing and tacitly threatens judges' continued employment. Though the Supreme Court's recent decision in …
The Advantages Of The Civil Law Judiciary As The Model For Emerging Legal Systems, Charles H. Koch Jr.
The Advantages Of The Civil Law Judiciary As The Model For Emerging Legal Systems, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Book Review: The Business Of Judging, S. I. Strong
Book Review: The Business Of Judging, S. I. Strong
Faculty Publications
Lord Bingham of Cornhill is no stranger to the business of judging. Senior Lord of Appeal in Ordinary, former Lord Chief Justice of England, former Master of the Rolls, he has been sitting on the bench in one capacity or another for the last twenty years - twenty-five if one counts his tenure as a recorder. Although he began his career at the bar in 1959 as a commercial and civil lawyer, his appointment in 1996 as Lord Chief Justice placed him at the apex of the criminal justice system. In becoming senior Law Lord, Lord Bingham has expanded his …
Hardball, Politics, And The Nlrb, Michael Ashley Stein
Hardball, Politics, And The Nlrb, Michael Ashley Stein
Faculty Publications
No abstract provided.
A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko
A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko
Faculty Publications
Public reaction to the 1823 Supreme Court decision in Green v. Biddle prompted John Marshall’s letter to Henry Clay, who had argued the case as amicus curiae for the defendant. The letter is significant because Marshall, who had been a legislator himself, candidly expresses not only his personal dissatisfaction with the congressional assault on the 1823 decision but also the constitutional basis for his opinion. The significance of Marshall’s extrajudicial opinion becomes more apparent when it is considered in the aftermath of the recent tug-of-war between Congress and the Court which culminated in the decision in City of Boerne v. …
Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett
Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett
Faculty Publications
As the 1996 election year commenced, the leading issues of the day included welfare reform, late-term abortions, Bosnia, immigration, drugs, taxes, the budget deficit, and the budget impasse that had shut parts of the federal government. The "hot" national issues did not include judicial philosophy, federal judicial appointments, individual judges or particular judicial decisions. Within weeks, however, that changed, thanks to a single judicial opinion. On January 22, 1996, United States District Judge Harold Baer, Jr., decided a pretrial motion to suppress evidence in the then (and now) obscure New York federal drug prosecution of a woman from Detroit named …
Government Lawyers And The New Deal, Neal Devins
Government Lawyers And The New Deal, Neal Devins
Faculty Publications
No abstract provided.
Judicial Knowledge, William B. Fisch
Judicial Knowledge, William B. Fisch
Faculty Publications
This paper reviews rules governing the use by judges in United States courts of their personal knowledge - as distinguished from that supplied by the parties in the adjudication of a civil case, whether of the particular facts out of which the dispute arises, or of general information with which the particular facts must be processed, or of law which is to be applied to the particular facts.
Art Of Judicial Biography, Michael J. Gerhardt
Art Of Judicial Biography, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas
Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas
Faculty Publications
No abstract provided.
The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne
The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne
Faculty Publications
No abstract provided.
A Tribute To Judge Charles Clark, Rodney A. Smolla
A Tribute To Judge Charles Clark, Rodney A. Smolla
Faculty Publications
No abstract provided.
Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne
Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne
Faculty Publications
With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.
Playing With Numbers: Determining The Majority Of Judges Required To Grant En Banc Sittings In The United States Court Of Appeals, James J. Wheaton
Playing With Numbers: Determining The Majority Of Judges Required To Grant En Banc Sittings In The United States Court Of Appeals, James J. Wheaton
Faculty Publications
This note addresses the effects that these two interests -- majority control of circuit law and judicial integrity -- have on the appropriate definition of majority. Neither legislative history nor Supreme Court constructions of section 46(c) provide an unambiguous rule, and interpretation of the majority requirement remains within the authority of each circuit. The Judicial Conference of the United States, at its meeting in September 1984, recommended that each circuit clearly describe its en banc voting procedures. This note delineates considerations that may assist the circuit courts in their efforts to outline the method by which they should order en …
Recent Developments In West German Civil Procedure, William B. Fisch
Recent Developments In West German Civil Procedure, William B. Fisch
Faculty Publications
The most comprehensive description of the West German civil litigation system to appear in United States law journals, a much-admired, practice-oriented work by two United States law professors and a Hamburg judge, was published twenty-five years ago. At that moment, a commission of experts, appointed in 1955 by the Federal Ministry of Justice and called the Commission to Prepare a Reform of Civil Justice, was already deep into a thorough reexamination of the entire West German system. The stimuli for this reexamination were the eternal devils of judicial procedure everywhere: technicality, inaccessibility, and above all, delay and cost. In 1961, …
The Role Of Appellate Court In Mandatory Sentencing Schemes, Larry I. Palmer
The Role Of Appellate Court In Mandatory Sentencing Schemes, Larry I. Palmer
Faculty Publications
No abstract provided.