Law Commons^™

Judicial Activism In Trial Courts, Bruce Green, Rebecca Roiphe

Articles & Chapters

No abstract provided.

Learning To Live With Judicial Partisanship: A Response To Cassandra Burke Robertson, Bruce Green, Rebecca Roiphe

Articles & Chapters

No abstract provided.

The Historical Significance Of Judge Learned Hand: What Endures And Why, Edward A. Purcell Jr.

Articles & Chapters

The 100th anniversary of Judge Learned Hand's opinion in Masses Publishing Co. v. Patten' invites us to look back on its author's long career and to consider his contributions to American law and his significance in the nation's history. Spanning more than fifty years from the presidency of William Howard Taft to the presidency of John F. Kennedy, Hand's judicial career presents an exceptionally rich subject for such reflection.

Outlook For The New Supreme Court Term, Arthur S. Leonard

Other Publications

No abstract provided.

Forum: What’S The Matter With The Supreme Court?, Michael Klarman, Nadine Strossen, Eli Noam, Sanford Levinson, Mark Tushnet

Other Publications

No abstract provided.

The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture (Book Review), Edward A. Purcell Jr.

Other Publications

No abstract provided.

Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen

Articles & Chapters

No abstract provided.

The High Power Of The Lower Courts, Doni Gewirtzman

Other Publications

No abstract provided.

Judicial Externships, Mariana Hogan, Michael Roffer

Articles & Chapters

No abstract provided.

Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon

Articles & Chapters

No abstract provided.

Dealing With The Appellate Caseload Crisis: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray

Articles & Chapters

Prosecutors, like mostAmericans, view the criminal-justice system asfundamentally race neutral. They are aware that blacks are stopped, searched, arrested, and locked up in numbers that are vastly out of proportion to their fraction of the overall population. Yet, they generally assume that this outcome is justified because it reflects the sad reality that blacks commit a disproportionate share of crime in America. They are unable to detect the ways in which their own discretionary choices-and those of other actors in the criminal-justice system, such as legislators, police officers, and jurors-contribute to the staggering and disproportionate incarceration of black Americans. In …

Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman

Articles & Chapters

While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions when circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts …

A Tribute To The Honorable Carmen Beauchamp Ciparick, Penelope Andrews

Articles & Chapters

No abstract provided.

Dean Emeritus E. Donald Shapiro Memorial Service, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.

Attorney Admissions Ceremony — United States District Court For The Northern District Of New York, Roger J. Miner '56

Bar Admissions

No abstract provided.

Augustus Noble Hand / Charles Merrill Hough, Roger J. Miner '56

Legal History

No abstract provided.

Regulating Discourtesy On The Bench: A Study In The Evolution Of Judicial Independence, Bruce Green, Rebecca Roiphe

Articles & Chapters

In this paper, we argue that the myth of the detached, rational judge, free from emotion runs the risk of undermining the quality of judging, obscuring the transparency of judicial decisions, and deterring the development of diverse judicial styles. We explore the history of the myth of the detached judge and how it made its way into rules of judicial conduct. By contextualizing this image of the judiciary, the article concludes that the rules of judicial conduct have come to embody an antiquated understanding of judicial independence and ought to be revised to reflect a more modern concept of the …

Free From Decree, David Schoenbrod, Ross Sandler

Other Publications

No abstract provided.

A Significant Symposium, Roger J. Miner '56

New York Law School Events and Publications

No abstract provided.

Memorial Service, Hon. Howard G. Munson, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.

Oregon Partner Law Blocked, Arthur S. Leonard

Other Publications

No abstract provided.

Ceremonial Swearing-In Of Congresswoman-Elect Kirsten E. Gillibrand, Roger J. Miner '56

Judges

No abstract provided.

The Last Civilian Court—Martial And Its Aftermath, Roger J. Miner '56

Military Law

Judge Miner here describes his defense of a person he believes to be

the last civilian tried by court martial. The trial was conducted in

Korea in 1958 during Judge Miner's service as an officer in the

Judge Advocate General's Corps of the United States Army.

Although a challenge to the jurisdiction of the court martial was

rejected and the civilian defendant convicted of violating a currency

regulation, the conviction was set aside for another reason urged at

trial-the inadvertent repeal of the at-issue regulation. The Article

also includes a review of legal developments that occurred in the

aftermath of …

Tribute To Justice Antonin Scalia, Nadine Strossen

Articles & Chapters

No abstract provided.

The South African Judicial Appointments Process, Penelope Andrews

Articles & Chapters

Consideration of racial and gender diversity, and to a lesser extent disability and sexual orientation diversity, has propelled the transformation of the judiciary in South Africa. This consideration is underpinned by both the stated and unstated assumption that a majority white judiciary cannot adequately and fairly serve and deliver justice to a majority black population. The very legitimacy of the judiciary, and indeed the project of constitutional democracy, is contingent on a bench that reflects the racial and gender diversity of the society. Moreover, with equality as the primary principle in the "Bill of Rights," the judiciary has to accommodate …

Judicial Ethics In The Twenty-First Century: Tracing The Trends, Roger J. Miner '56

Lawyers and the Legal Profession

No abstract provided.

Book #25, Roger J. Miner '56

Scrapbooks

No abstract provided.

Exonerations Change Judicial Views On Ineffective Assistance Of Counsel, Adele Bernhard

Articles & Chapters

Law evolves more slowly than pop culture or public attitude. Because most exonerations have not resulted in written legal opinions, their impact is slowly seeping into case law. However, courts are influenced by the same news that sways the rest of us. Even without explicitly referring to innocence or wrongful convictions, modern trial courts are undoubtedly more likely to admit expert testimony on the question of eyewitness identification because they are painfully aware of just how easily such witnesses - no matter how honest or passionate - can be wrong. They are certainly more inclined to view confessions suspiciously, especially …