Law Commons^™

Battle For Justice: How The Bork Nomination Shook America, Arthur Austin

BYU Law Review

No abstract provided.

A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann

Faculty Scholarship

The Civil Rights Act of 1871¹ ("§ 1983") establishes a tort-like remedy for persons deprived of federally protected rights "under color of law."'² While the statute's broad language provides a remedy for violations of federal constitutional and statutory rights, the statute itself provides little or no guidance regarding important subjects such as the measure of damages, the availability of punitive damages, the requirements for equitable relief, the statute of limitations, survival of claims, proper parties, and immunities from suit.³...

...The first part of this article examines the narrowly "legal" analysis of § 1983 in the cases …

Towards Greater Openness In Judicial Conduct Commission Proceedings: Temporary Confidentiality As An Alternative To Inviolate Confidentiality—Garner V. Cherberg, 111 Wash. 2d 811, 765 P.2d 1284 (1988), Tom Montgomery

Washington Law Review

In Garner v. Cherberg, the Washington Supreme Court upheld certain rules of inviolate confidentiality adopted by the Washington Commission on Judicial Conduct. This Note examines the justifications for such confidentiality rules, and proposes temporary, rather than inviolate, confidentiality to better balance interests of fairness and the public's right to know.

Judicial Ethics: The Less-Often Asked Questions, Andrew L. Kaufman

Washington Law Review

Judicial ethics is a topic of increasing interest to the public, the bar, and the judiciary; only recently has the body of substantive law regarding judicial behavior begun to take shape. This essay explores the less developed issues of ex parte communication by judges, activities of judges' spouses, the obligation of judges to report attorney disciplinary violations, and extrajudicial comments by judges about legal matters. The Author analyzes the positions on these issues of the ABA Code of Judicial Conduct, the Judicial Conference of the United States' Code of Conduct for United States Judges, and the Discussion Draft of Draft …

History, Judicial Revisionism And J.M. Balkin, Raoul Berger

BYU Law Review

No abstract provided.

The New York Law School Reporter, V 6, No. 6, May 1989, New York Law School

Student Newspapers

Vol 6, no. IV

This Newspaper contains:

Tenure Controversy Escalates, page 1

Public Interest Scholarship Fund Takes Off, page 1

(Almost) Everything You Always Wanted to Know About the Tenure Process but Were Afraid to Ask, page 4

IRAC, page 5

Muck-Wrestling, page 7

An Assault on Gun Control, page 12

Moot Court Association, page 17

The Parable As Legal Scholarship, G. Edward White

Michigan Law Review

A Review of Two Jewish Justices: Outcasts in the Promised Land by Robert Burt

Precedent In Law, Erik G. Light

Michigan Law Review

A Review of Precedent in Law edited by Laurence Goldstein

Choosing Judges The Democratic Way, Larry Yackle

Faculty Scholarship

A generation ago, the pressing question in constitutional law was the countermajoritarian difficulty.' Americans insisted their government was a democratic republic and took that to mean rule by a majority of elected representatives in various offices and bodies, federal and local. Yet courts whose members had not won election presumed to override the actions of executive and legislative officers who had. The conventional answer to this apparent paradox was the Constitution, which arguably owed its existence to the people directly. Judicial review was justified, accordingly, when court decisions were rooted firmly in the particular text, structure, or historical backdrop of …

Regulating Judicial Misconduct And Divining "Good Behavior" For Federal Judges, Harry T. Edwards

Michigan Law Review

In recent years, we have witnessed an unprecedented number of instances in which federal judges have been accused of criminal behavior and other serious acts of misconduct. This raises major concerns regarding the scope and enforcement of canons of conduct for members of the judicial branch. It would be presumptuous for anyone to suggest a complete understanding of the notion of "good behavior" for federal judges, or to claim a fully satisfactory prescription for the problem of "judicial misconduct." That is not my object. In reflecting on these issues, however, I have come to realize that I may not share …

Ninth Circuit Resolution Proposing Repeal Of 28 U.S.C. § 1447(D), Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

Federal Civil Appellate Practice In The United States Court Of Appeals For The Second Circuit, Roger J. Miner '56

Law Practice

No abstract provided.

Remarks To Litigation Department, Cahill, Gordon & Reindel, Roger J. Miner '56

Law Practice

No abstract provided.

Confronting The Communications Crisis In The Legal Profession, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.

Eulogy: Theresa Mariani Spinelli, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.

Off-The-Bench Restrictions On Judges: Ambiguity In Search Of An Answer, Philip B. Benefiel Honorable

Loyola University Chicago Law Journal

No abstract provided.

Remarks: Clerks Of Judge Luther A. Wilgarten, Jr., Roger J. Miner '56

Judges

No abstract provided.

The Duty Of Competence, Roger J. Miner '56

Commencement Addresses

No abstract provided.

Second-Order Reasons, Uncertainty And Legal Theory, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

Commentary On State Selection Of Judges, Robert F. Stephens

Kentucky Law Journal

No abstract provided.

The Independence Of The Judiciary: A Critical Aspect Of The Confirmation Process, Randall R. Rader

Kentucky Law Journal

No abstract provided.

Interpreting An Unwritten Constitution, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

In order to stimulate scholarly discussion, this Essay presents an empirical account of the Greensboro incident from the perspective of those who participated in the episode and in the resulting civil rights trial. The Essay traces the circumstances leading to the violence and reviews the resultant litigation with special attention given to the role of the trial judge in politically volatile cases. The candid reflections offered by the trial judge and other participants allow the reader to examine both the event and the litigation, not merely in the abstract, but as implemented by flesh-andblood lawyers, litigants, and judges. .

Note: Insuring Rule 11 Sanctions, Cary Coglianese

All Faculty Scholarship

No abstract provided.

Fourth Amendment, William E. Hellerstein

Touro Law Review

No abstract provided.

Book Review: A Political Scientist Examines The Washington Supreme Court A Century Of Judging By Charles H. Sheldon, Deborah Dowd

Seattle University Law Review

Charles H. Sheldon asks two major questions in his recent book, A Century of Judging. In answering these questions, Sheldon focuses on the Washington Supreme Court. Unfortunately, the information gathered and analyzed is of more interest to political scientists or historians than to practicing lawyers. Lawyers should be knowledgeable about the judges before whom they may argue a case. Yet, the methodology and data utilized in A Century of Judging do not create a cohesive picture of the supreme court justices, either collectively or individually. The book compiles useful information; however, the answers to the two questions posed and …

In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore

Seattle University Law Review

This Article will discuss (1) the politics that influenced the drafting of the judicial article (article IV) in the constitutional convention; (2) the election of the first five members of the bench and the backgrounds of those inaugural judges; (3) the particular approach toward judicial review adopted by these five jurists (activism-restraint); and (4) the personal relations among these members of the supreme court. This Article will provide a personal perspective of the first five judges and their court.

Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore

Touro Law Review

No abstract provided.

Sandra Day O’Connor, Abortion, And Compromise For The Court, Susan M. Halatyn

Touro Law Review

No abstract provided.