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Articles 1 - 16 of 16

Full-Text Articles in Law

Perceptions Of Judicial Responsibility: The Views Of The Nine United States Supreme Court Justices As They Consider Claims In Fourteenth Amendment Noncriminal Cases: A Post-Bakke Evaluation, Arthur R. Landever Dec 1978

Perceptions Of Judicial Responsibility: The Views Of The Nine United States Supreme Court Justices As They Consider Claims In Fourteenth Amendment Noncriminal Cases: A Post-Bakke Evaluation, Arthur R. Landever

Law Faculty Articles and Essays

In this article, the author sketches each Justice by examining his expressed attitudes and silent concurrences in fourteenth amendment noncriminal cases, as well as his remarks in other, non-court settings. While judicial behavioralists have employed quantitative techniques focusing upon analysis of voting records, the author believes that use of the lawyer's traditional method--case and opinion examination-is more appropriate here. Each Justice's composite should tell us not only something about the individual Justice's views, but also something about the views of key blocs on the Court. By such an effort, we learn more about the range of the possible in urging …


The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford Nov 1978

The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford

Cornell Law Faculty Publications

The Massachusetts Supreme Court has recently ruled that decisions about withholding care from hopelessly ill, legally incapacitated patients must be made by judges. It clearly rejected the view that families and attending physicians should be empowered to make such decisions. In this respect, the ruling contrasts with that of the Quinlan case and highlights the issue of whether judges or physicians and families are better able to make medically and morally sound decisions respecting this class of patients.


The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus Oct 1978

The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus

Faculty Publications

No abstract provided.


Should Oral Argument On Appeal Be Abolished Unless Requested By The Court?, Lewis F. Powell Jr. Aug 1978

Should Oral Argument On Appeal Be Abolished Unless Requested By The Court?, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.


Two Types Of Substantive Reasons: The Core Of A Theory Of Common-Law Justification, Robert S. Summers Jun 1978

Two Types Of Substantive Reasons: The Core Of A Theory Of Common-Law Justification, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Glimpses Of England, 1895: A Letter From Hoosier Judge David Demaree Banta, Katharine Kell Mar 1978

Glimpses Of England, 1895: A Letter From Hoosier Judge David Demaree Banta, Katharine Kell

David Banta (1889-1896)

An article profiling David Demaree Banta and a letter he wrote his son in 1895 from England in which he describes his trip.


General Equitable Principles Under Section 1-103 Of The Uniform Commercial Code, Robert S. Summers Jan 1978

General Equitable Principles Under Section 1-103 Of The Uniform Commercial Code, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


The Non-Precedential Precedent - Limited Publication And No-Citation Rules In The United States Courts Of Appeals, William L. Reynolds, William M. Richman Jan 1978

The Non-Precedential Precedent - Limited Publication And No-Citation Rules In The United States Courts Of Appeals, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.


Review On A Virginia Cause, William Hamilton Bryson Jan 1978

Review On A Virginia Cause, William Hamilton Bryson

Law Faculty Publications

A book review on A Virginia Cause by B. Lamb.


Managing Civil Litigation: The Trial Judge's Role, William W. Schwarzer Jan 1978

Managing Civil Litigation: The Trial Judge's Role, William W. Schwarzer

Faculty Scholarship

No abstract provided.


Epieikeia: Equitable Lawmaking In The Construction Of Statutes, Raymond B. Marcin Jan 1978

Epieikeia: Equitable Lawmaking In The Construction Of Statutes, Raymond B. Marcin

Scholarly Articles

No abstract provided.


Prior Consistent Statements, Arthur H. Travers Jr. Jan 1978

Prior Consistent Statements, Arthur H. Travers Jr.

Publications

No abstract provided.


The Business Of The Supreme Court Under The Judiciary Act Of 1925: The Plenary Docket In The 1970'S, Arthur D. Hellman Jan 1978

The Business Of The Supreme Court Under The Judiciary Act Of 1925: The Plenary Docket In The 1970'S, Arthur D. Hellman

Articles

During the last decade, the Supreme Court has been deciding 65 to 70 cases a Term after oral argument. That represents a sharp decline from the 1970s and 1980s, the era of the Burger Court, when the Court was deciding about 150 cases a Term. The Burger Court’s docket, in turn, reflected a shift from the 1960s, when the docket was smaller. In short, what is “normal” for the plenary docket varies from one era to another. The period of the Burger Court retains a special interest in that regard because that was the only period after World War II …


Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi Jan 1978

Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi

Publications

No abstract provided.


Judicial Immunity And Sovereignty, Robert F. Nagel Jan 1978

Judicial Immunity And Sovereignty, Robert F. Nagel

Publications

No abstract provided.


Judicial Overload: The Reasons And The Remedies , Maria Marcus Jan 1978

Judicial Overload: The Reasons And The Remedies , Maria Marcus

Faculty Scholarship

Animosity towards lawyers, perennial in our social history long before Watergate, parallels a contradictory and equally persistent belief in judges as problem-solvers for a variety of personal, economic, educational and political ills. An increasing number of litigants are bringing to the courts not only the class of disputes that has been the traditional fare of judicial decision-making, but also an array of issues that were formerly resolved in private meetings, at hospitals, in schools, or at home. The causes of this explosion of lawsuits and the possible buffers to an eventual implosion in our judicial system will be discussed below