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Articles 1 - 6 of 6
Full-Text Articles in Law
The Theory And Practice Of Defending Judges Against Unjust Criticism, Ronald J. Bacigal
The Theory And Practice Of Defending Judges Against Unjust Criticism, Ronald J. Bacigal
Law Faculty Publications
Having set forth the above premise and conclusion, the American Bar Association Subcommittee on Unjust Criticism of the Bench promulgated a model program for bar associations to follow when countering inaccurate or unjust criticism of judges. This article presents no quarrel with the model program but instead seeks to relate the model to an empirical account of how it might operate in practice. It must be remembered that the acid test of a theoretical model is not whether the theory is "true" in a purely academic sense but whether the model is useful in describing the "real world. " In …
Appointment Controversies And The Supreme Court, Stephen Wermiel
Appointment Controversies And The Supreme Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Defining The Role Of Federal Courts, Erwin Chemerinsky, Larry Kramer
Defining The Role Of Federal Courts, Erwin Chemerinsky, Larry Kramer
Faculty Scholarship
No abstract provided.
Review Of "Honorable Justice: The Life Of Oliver Wendell Holmes" By S. Novick, James J. Fishman
Review Of "Honorable Justice: The Life Of Oliver Wendell Holmes" By S. Novick, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Memorial Service: Judge James T. Foley, Roger J. Miner '56
Memorial Service: Judge James T. Foley, Roger J. Miner '56
Judges
No abstract provided.
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Scholarly Works
As the juxtaposition of these quotations suggests, judges have long held disparate views on the legitimacy and value of “public policy” considerations as a basis for legal decision making. The popular notion posits that Justice Holmes and legal realists carried the day, making public policy analysis an ordinary part of the adjudication process. The story, of course, is more complex than this legal version of Don Quixote. Many judges and lawyers, including Justice Holmes in other writings, continued to speak of adjudication in more formalist and positivist terms, with most laypersons in apparent agreement. Judge Burroughs' view of public policy …