Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Rhetorical Styles On The Fuller Court, Walter F. Pratt
Rhetorical Styles On The Fuller Court, Walter F. Pratt
Journal Articles
"Formalism" is the label regularly used to describe judicial opinions of the late nineteenth century. The label is descriptive when used in contradistinction to "instrumentalism." Use of the label, however, has certain drawbacks. For example, there is little objective or empirical evidence to support the application of the two antithetical terms. In addition, a single term cannot reflect whatever diversity of styles may exist among the judges of a single court. This article describes the results of an attempt to rectify those two drawbacks and to determine whether the Justices of the Supreme Court at the turn of the century—while …
Thurgood Marshall And The Forgotten Legacy Of Brown V. Board Of Education, Kenneth F. Ripple
Thurgood Marshall And The Forgotten Legacy Of Brown V. Board Of Education, Kenneth F. Ripple
Journal Articles
On May 17, 1979, the United States celebrated, with relatively little public ceremony, the twenty-fifth anniversary of Brown v. Board of Education. Two years earlier, another anniversary was celebrated even more quietly as Thurgood Marshall, the principal architect of the school desegregation litigation, celebrated his first decade as a justice of the Supreme Court of the United States. Anniversaries are traditionally a time both of celebration and reflection. These particular anniversaries are appropriate occasions for celebration since each marks an important milestone in American life. At the same time, both present a unique opportunity for reflection upon and reassessment of …
Some Problems In Administration Of Justice In A Secularized Society, Thomas L. Shaffer, William Mclennon, Lois G. Forer
Some Problems In Administration Of Justice In A Secularized Society, Thomas L. Shaffer, William Mclennon, Lois G. Forer
Journal Articles
In our complex society, the role of the lawyer has assumed unprecedented significance. People turn to the law for answers to all of the new questions involving social, moral, and ethical considerations, as well as for answers to many of the old problems which were not typically perceived as legal issues. Law students, faculty, lawyers, judges, the clergy, and even anthropologists-all of us need a much more sensitive and deeper understanding of a wide variety of problems. We must continually question the rightness of the law and the fairness and decency with which we treat all of the people who …