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1991

Judges

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Articles 1 - 21 of 21

Full-Text Articles in Law

The Federal Magistrates Act: A New Article Iii Analysis For A New Breed Of Judicial Officer, Brendan Linehan Shannon Oct 1991

The Federal Magistrates Act: A New Article Iii Analysis For A New Breed Of Judicial Officer, Brendan Linehan Shannon

William & Mary Law Review

No abstract provided.


The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier Oct 1991

The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier

Duke Law Journal

No abstract provided.


Justification And Cultural-Authority In S.35(1) Of The Constitution Act, 1982: Regina V. Sparrow, Chris Tennant Oct 1991

Justification And Cultural-Authority In S.35(1) Of The Constitution Act, 1982: Regina V. Sparrow, Chris Tennant

Dalhousie Law Journal

Regina v. Sparrow is the first decision of the Supreme Court of Canada under s.35(1) of the Constitution Ac 1982. The case has wide-reaching implications for the recognition and limitation of aboriginal rights. This case comment will explore some of the implications of Sparrow, with a focus on the test developed by the Court for the justification of government regulation of aboriginal rights. In particular, the question of the cultural authority of non-aboriginal judges to justify legislation regulating aboriginal rights will be addressed.


A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn Jul 1991

A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn

Law and Contemporary Problems

A comment on Larry Kramer's article suggesting an addition to the mechanisms of congressional review of proposed legislation that has an impact on the work of federal courts is presented. The Office of Technology Assessment's present job for Congress in this respect is evaluated.


“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck Jul 1991

“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck

Law and Contemporary Problems

The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.


The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne Apr 1991

The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne

Faculty Publications

No abstract provided.


Sexual Harassment By Judges, Marina Angel Mar 1991

Sexual Harassment By Judges, Marina Angel

University of Miami Law Review

No abstract provided.


Tribute Dinner Honoring U.S. District Court Judge Howard G. Munson, Roger J. Miner '56 Jan 1991

Tribute Dinner Honoring U.S. District Court Judge Howard G. Munson, Roger J. Miner '56

Judges

No abstract provided.


A Tribute To Judge Charles Clark, Rodney A. Smolla Jan 1991

A Tribute To Judge Charles Clark, Rodney A. Smolla

Faculty Publications

No abstract provided.


City And Town Courts: Mapping Their Dimensions, Julia C. Lamber, Mary Lee Luskin Jan 1991

City And Town Courts: Mapping Their Dimensions, Julia C. Lamber, Mary Lee Luskin

Indiana Law Journal

No abstract provided.


Mandatory Retirement Of State-Appointed Judges Under The Age Discrimination In Employment Act , Alan L. Bushlow Jan 1991

Mandatory Retirement Of State-Appointed Judges Under The Age Discrimination In Employment Act , Alan L. Bushlow

Cornell Law Review

No abstract provided.


Justice William J. Brennan, Jr. - The Moral Force Of His Language, Bennett L. Gershman Jan 1991

Justice William J. Brennan, Jr. - The Moral Force Of His Language, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The enduring strength of Justice William J. Brennan Jr.'s constitutional vision is a tribute to his extraordinary scholarship and powerful logic. His opinions will be studied, cited, and honored for generations for their immense contribution to the constitutional protection of individual rights. But there is a further dimension to his jurisprudence that has always struck me - the moral force of his language. Justice Brennan's eloquent, passionate, and compassionate prose constantly exhorts us to a higher moral plane. To the disadvantaged, the accused, the dissident, and the condemned, Justice Brennan's words are a timeless anthem of sustenance and ...


Judicial Misconduct During Jury Deliberations, Bennett L. Gershman Jan 1991

Judicial Misconduct During Jury Deliberations, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The author considers the two principal types of improper judicial behavior that may occur during the jury deliberation process. Judicial conduct that attempts to place undue pressure on a jury to reach a verdict may include verdict-urging instructions, threats and intimidation, and inquiry into the numerical division of the jury on the merits of the verdict. Judicial participation in private, ex parte communications with jurors may also subvert orderly trial procedure and undermine the impartiality of the jury. Neither kind of judicial conduct may be allowed to compel a verdict from a jury.


Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein Jan 1991

Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

It is a special privilege, and a personal joy, for me to have the opportunity to contribute a piece honoring such a revered figure. I make no claim to scholarly objectivity. My premise is simple: William J. Brennan has given us a legacy of first amendment decisions, concurrences, and dissents that reflect great honor on the jurist. My portion of this Festschrift provides selected examples of Justice Brennan's contribution, and concludes by thanking him for serving, through his opinions, as a mentor for me throughout my career as a teacher of constitutional law.


Extending Protection Under The Age Discrimination In Employment Act To Appointed State Judges. Eeoc V. State Of Vermont, 904 F.2d 794 (2d Cir. 1990), Lawrence A. Walke Jan 1991

Extending Protection Under The Age Discrimination In Employment Act To Appointed State Judges. Eeoc V. State Of Vermont, 904 F.2d 794 (2d Cir. 1990), Lawrence A. Walke

Washington University Law Review

No abstract provided.


The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel Jan 1991

The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel

Scholarly Works

No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often ...


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers Jan 1991

"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers

Law Faculty Scholarly Articles

Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the ...


O'Connor: A Dual Role - An Introduction, Stephen Wermiel Jan 1991

O'Connor: A Dual Role - An Introduction, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Reagan's Judicial Appointees And Antitrust In The 1990s, William E. Kovacic Jan 1991

Reagan's Judicial Appointees And Antitrust In The 1990s, William E. Kovacic

Fordham Law Review

No abstract provided.