Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Remarks By Professor Larry S. Gibson On The Occasion Of The Investiture Of Andre M. Davis, Larry S. Gibson
Remarks By Professor Larry S. Gibson On The Occasion Of The Investiture Of Andre M. Davis, Larry S. Gibson
Faculty Scholarship
Remarks by Professor Larry S. Gibson on the Occasion of the Investiture of Andre M. Davis as an Associate Judge of the U.S. Court of Appeals for the Fourth Circuit, April 30, 2010.
Remarks On The Occasion Of The Renaming Of The Robert M. Bell Center For Civil Rights In Education At Morgan State University, Larry S. Gibson
Remarks On The Occasion Of The Renaming Of The Robert M. Bell Center For Civil Rights In Education At Morgan State University, Larry S. Gibson
Faculty Scholarship
Remarks presented at the April 28th event honoring Maryland Chief Judge Robert M. Bell and the naming of the Morgan State University’s Center for Civil Rights in Education for the Judge.
A Public Calling: Lessons From The Lives Of Judges Of Color In Pennsylvania, Phoebe A. Haddon
A Public Calling: Lessons From The Lives Of Judges Of Color In Pennsylvania, Phoebe A. Haddon
Faculty Scholarship
This paper discusses how Judge Clifford Scott Green, Judge William Marutani, and Judge Juanita Kidd Stout spent their lives as leaders in the law to illustrate the ideal of a "public calling."
All Rise! Standing In Judge Betty Fletcher’S Court, Thomas D. Rowe Jr.
All Rise! Standing In Judge Betty Fletcher’S Court, Thomas D. Rowe Jr.
Faculty Scholarship
In this essay, based on a talk given at the Washington Law Review’s March 2009 symposium in honor of Senior Ninth Circuit Judge Betty Binns Fletcher and her three decades of service on that court, I selectively survey her opinions on justiciability issues: standing, ripeness, mootness, and political questions. A significant starting point for this survey is Professor Richard Pierce’s 1999 law review article, Is Standing Law or Politics?, arguing that many Supreme Court votes in standing cases generally, and appellate judges’ votes in environmental-standing cases specifically, can be explained better on the basis of politics than by reference to …
A Coase Theorem For Constitutional Theory, Neil S. Siegel
A Coase Theorem For Constitutional Theory, Neil S. Siegel
Faculty Scholarship
There is much to admire about Barry Friedman’s new book, The Will of the People. Explaining how the institution of judicial review was made safe for democracy in America, Friedman’s story is extensively researched, beautifully written, scrupulously nonpartisan about the modern Court, and frequently humorous. What is more, his primary claim—that the Supreme Court of the United States is very much a democratic institution because judicial review always has been responsive to public opinion—is, to a large extent, convincing. I have taught The Will of the People in my first-year constitutional law course, and I plan to do so again. …
A Tale Of Two Paradigms: Judicial Review And Judicial Duty, Philip A. Hamburger
A Tale Of Two Paradigms: Judicial Review And Judicial Duty, Philip A. Hamburger
Faculty Scholarship
What is the role of judges in holding government acts unconstitutional? The conventional paradigm is "judicial review." From this perspective, judges have a distinct power to review statutes and other government acts for their constitutionality. The historical evidence, however, reveals another paradigm, that of judicial duty. From this point of view, presented in my book Law and Judicial Duty, a judge has an office or duty, in all decisions, to exercise judgment in accord with the law of the land. On this understanding, there is no distinct power to review acts for their constitutionality, and what is called "judicial review" …