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Series

Judges

1996

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Articles 1 - 30 of 40

Full-Text Articles in Law

Section 1: Profiles Of The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1996

Section 1: Profiles Of The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Judging And Diversity: Justice Or Just Us?, Richard F. Devlin Frsc Oct 1996

Judging And Diversity: Justice Or Just Us?, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

It is clear that the inevitable is upon us: as a society Canada is undergoing significant social change and law, as a social institution and mode of social interaction and regulation, cannot be immune to such changes. I want to suggest to you that these transitions are more than statistical - they are cultural and in that sense they will generate significant changes, indeed challenges, to our conventional ways of doing things. Change is of course somewhat unnerving, even disturbing or threatening, but I want to ask what sort of responses are available to us as we attempt to continue …


The Polyphonic Courtroom: Expanding The Possibilities Of Judicial Discourse, Robert Rubinson Oct 1996

The Polyphonic Courtroom: Expanding The Possibilities Of Judicial Discourse, Robert Rubinson

All Faculty Scholarship

This Article draws upon the ideas of Mikhail Bakhtin to critique judicial discourse as embodied in written opinions. Judicial opinions are typically monologues which reject exploration of complex issues of meaning in favor of simply justifying a result. Opinions should instead be part of a continuing dialogue whose hallmark is exploration, not simplification - what the Article characterizes as "polyphonic," Polyphonic opinions should embrace dialogue and complexity and recognize the validity of multiple perspectives. This goal can not simply be willed, however, because cognition by necessity simplifies. To meet this challenges, the Article concludes with recommendations for "judicial calisthenics," including …


The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson Jul 1996

The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Rhode Island's Judicial Nominating Commission: Can Reform Become Reality?, Michael J. Yelnosky Apr 1996

Rhode Island's Judicial Nominating Commission: Can Reform Become Reality?, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.


Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont Mar 1996

Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont

Cornell Law Faculty Publications

No abstract provided.


Xenophilia In American Courts, Kevin M. Clermont, Theodore Eisenberg Mar 1996

Xenophilia In American Courts, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Foreigner! The word says it all. Verging on the politically incorrect, the expression is full of connotation and implication. A foreigner will face bias. By such a thought process, many people believe that litigants have much to fear in courts foreign to them. In particular, non-Americans fare badly in American courts. Foreigners believe this. Even Americans believe this.

Such views about American courts are understandable. After all, the grant of alienage jurisdiction to the federal courts, both original and removal, constitutes an official assumption that xenophobic bias is present in state courts. As James Madison said of state courts: “We …


Trial By Jury Or Judge: Which Is Speedier?, Theodore Eisenberg, Kevin M. Clermont Feb 1996

Trial By Jury Or Judge: Which Is Speedier?, Theodore Eisenberg, Kevin M. Clermont

Cornell Law Faculty Publications

Many take as a given that jury-tried cases consume more time than judge-tried cases. Judge Richard Posner of the Seventh Circuit, for example, opines: “Court queues are almost always greatest for parties seeking civil jury trials. This makes economic sense. Such trials are more costly than bench trials both because of jury fees (which … understate the true social costs of the jury) and because a case normally takes longer to try to a jury than to a judge …. Parties are therefore “charged” more for jury trials by being made to wait in line longer.”

A close reading reveals …


A Tribute To Retiring Chief Justice Malcolm M. Lucas, J. Clark Kelso Jan 1996

A Tribute To Retiring Chief Justice Malcolm M. Lucas, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.


Contempt Of The Bankruptcy Court - A New Look, Laura B. Bartell Jan 1996

Contempt Of The Bankruptcy Court - A New Look, Laura B. Bartell

Law Faculty Research Publications

With the passage of the Bankruptcy Reform Act of 1978, Congress worked a sweeping revision of the nation's bankruptcy laws. As part of this massive reform measure, Congress reinvented the role of the bankruptcy judge, granting the judge a host of new powers. Because these new powers were so substantial and because Congress elected to establish bankruptcy judges as Article I rather than Article III judges, the Supreme Court, in Northern Pipeline Construction Co. v. Marathon Pipe Line Co., declared those portions of the Act delineating the powers and structure of the bankruptcy courts unconstitutional. Congress responded by passing the …


Eulogy: Hamilton Fish, Jr., Roger J. Miner '56 Jan 1996

Eulogy: Hamilton Fish, Jr., Roger J. Miner '56

Memorials and Eulogies

No abstract provided.


Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii Jan 1996

Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii

Faculty Publications

In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles …


Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman Jan 1996

Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.


Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds Jan 1996

Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds

Faculty Scholarship

No abstract provided.


Mistake Of Federal Criminal Law: A Study Of Coaltions And Costly Information, Erin O'Hara O'Connor, Richard S. Murphy Jan 1996

Mistake Of Federal Criminal Law: A Study Of Coaltions And Costly Information, Erin O'Hara O'Connor, Richard S. Murphy

Scholarly Publications

This article analyzes Supreme Court and other federal court cases, to explain the seemingly disparate incorporation of mistake of law excuses into federal criminal statutes. Most of the cases can be explained from an information cost perspective. If an easily separable subset of the regulated population cannot be induced to learn their legal obligations given credibly low prior probabilities and high information costs, they are excused from criminal liability. Moreover, when criminal statutes are vulnerable to constituent protest, courts require that enforcers increase awareness of the law through information subsidies rather than convicting the ignorant. At least with mistake of …


Cardozo's Allegheny College Opinion: A Case Study In Law As An Art, Michael Townsend Jan 1996

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 …


The Chaotic Pseudotext, Paul F. Campos Jan 1996

The Chaotic Pseudotext, Paul F. Campos

Publications

No abstract provided.


Success At The Bar, Roger J. Miner '56 Jan 1996

Success At The Bar, Roger J. Miner '56

Commencement Addresses

No abstract provided.


Toastmaster's Remarks: 1996 Second Circuit Judicial Conference, Roger J. Miner '56 Jan 1996

Toastmaster's Remarks: 1996 Second Circuit Judicial Conference, Roger J. Miner '56

Court Conferences and Events

No abstract provided.


Judicial Selection In Michigan - Time For A Change?, John W. Reed Jan 1996

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


Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett Jan 1996

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 …


Challenges In Judging: Some Insights From The Writings Of Moses, Gordon J. Beggs Jan 1996

Challenges In Judging: Some Insights From The Writings Of Moses, Gordon J. Beggs

Law Faculty Articles and Essays

I would like to use the writings of Moses as a lens to examine some challenges in judging. Moses authored the first five books of the Old Testament known as the Pentateuch or books of the law--Genesis, Exodus, Leviticus, Numbers, and Deuteronomy. He is probably best known for leading the Hebrew people out of bondage in Egypt and for receiving the Ten Commandments. As our discussion today will reveal, he may also be credited with authoring some significant principles with respect to the judicial function.


The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot Jan 1996

The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot

LLM Theses and Essays

Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …


Politics And The Rehnquist Court, James F. Simon Jan 1996

Politics And The Rehnquist Court, James F. Simon

Articles & Chapters

No abstract provided.


Speaking Truth To Power: The Jurisprudence Of Julia Cooper Mack, Walter J. Walsh Jan 1996

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 …


New Certiorari And A National Study Of The Appeals Courts, Carl W. Tobias Jan 1996

New Certiorari And A National Study Of The Appeals Courts, Carl W. Tobias

Law Faculty Publications

Elitism, Expediency, and the New Certiorari: Requiem for the Learned Hand Tradition is a thought-provoking critique of the United States Courts of Appeals. Professors William Richman and William Reynolds maintain that dramatic increases in appellate filings have transformed the appeals courts during the last quarter-century, prompting systemic constriction of procedural opportunities, particularly for parties with few resources or little power. The authors find these changes profoundly troubling and propose that Congress radically expand the number of appellate judges.

Individuals and institutions, such as expert study committees, which have analyzed the federal courts, agree with much of the authors' descriptive assessment. …


Telling The Story Of The Hughes Court, Richard D. Friedman Jan 1996

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 …


Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel Jan 1996

Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel

Scholarly Works

Like any trend, ADR has its skeptics and even some opponents. Considerable debate exists regarding the degree to which the increasing ADRization of traditionally judicial activity amounts to triumph or tragedy, a point well-illustrated by the past Schwartz Lectures. In the 1993 Schwartz Lecture, Professor Laura Nader described the ADR movement as a byproduct of society's attempt to suppress or conceal uncomfortable conflicts. In the 1994 Lecture, Professor Judith Resnik essentially concluded that the modern ADR movement has brought a regrettable de facto closing of the court house (or at least raised barriers to entry) and replaced reflective decision-making about …


Elbert Parr Tuttle, Alfred C. Aman Jan 1996

Elbert Parr Tuttle, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


Judicial Knowledge, William B. Fisch Jan 1996

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.