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Full-Text Articles in Law
Judicial Selection In Michigan - Time For A Change?, John W. Reed
Judicial Selection In Michigan - Time For A Change?, John W. Reed
Articles
How are we to choose those who judge us? To whom do we entrust the responsibility of protecting our liberties and the power to determine our rights and liabilities? We look for men and women of integrity, diligence, legal ability, and judicial temperament, chosen by methods that balance judicial independence and public accountability.1
Cardozo's Allegheny College Opinion: A Case Study In Law As An Art, Michael Townsend
Cardozo's Allegheny College Opinion: A Case Study In Law As An Art, Michael Townsend
Articles
This Article consists of two related pieces. One piece considers interpretations of Cardozo's opinion in Allegheny College v. National Chautauqua County Bank. Cardozo commonly is placed among the greatest American judges, but his "analysis in Allegheny College is regularly criticized as contrived and artificial." This Article attempts to resuscitate the reputation of his analysis by placing the case in its historical and doctrinal context. The other piece continues the elaboration of a framework introduced in a previous article for thinking about law as a discipline. Central to this framework is a particular conception of the western intellectual tradition in …
Speaking Truth To Power: The Jurisprudence Of Julia Cooper Mack, Walter J. Walsh
Speaking Truth To Power: The Jurisprudence Of Julia Cooper Mack, Walter J. Walsh
Articles
In 1975, upon her appointment to the District of Columbia Court of Appeals, Julia Cooper Mack broke the double barrier of race and gender by becoming the first woman of color ever appointed to any American court of last resort. Over the last two decades, Judge Mack has authored hundreds of opinions articulating a powerful critical jurisprudence previously unheard on the highest level of our judiciary. In the pages that follow, several scholars join the Editors of the Howard Law Journal in suggesting that Judge Mack's life and work warrant careful scrutiny. This symposium explores the roots, development, and substance …
Telling The Story Of The Hughes Court, Richard D. Friedman
Telling The Story Of The Hughes Court, Richard D. Friedman
Articles
When Justice Oliver Wendell Holmes, Jr., died in 1935, he left the bulk of his estate to the United States Government. This gift, known as the Oliver Wendell Hnlmes Devise, sat in the Treasury for about twenty years, until Congress set up a Presidential Commission to determine what to do with it. The principal use of the money has been to fund a multivolume History of the United States Supreme Court. The history of the project itself has not always been a happy one, for some of the authors have been unable to complete their volumes. Among them was one …