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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
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
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
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.
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
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
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
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
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
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
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
Epieikeia: Equitable Lawmaking In The Construction Of Statutes, Raymond B. Marcin
Scholarly Articles
No abstract provided.
Prior Consistent Statements, Arthur H. Travers Jr.
The Business Of The Supreme Court Under The Judiciary Act Of 1925: The Plenary Docket In The 1970'S, Arthur D. Hellman
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
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
Judicial Overload: The Reasons And The Remedies , Maria Marcus
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