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1993

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Articles 1 - 30 of 79

Full-Text Articles in Law

Rethinking Federal Judicial Selection Nov 1993

Rethinking Federal Judicial Selection

BYU Law Review

No abstract provided.


Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle Nov 1993

Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle

Faculty Scholarship

Three things are true. First, American society is now absorbed in yet another great civil rights movement, this one on behalf of gay, lesbian, and ambisexual citizens, which will lead ineluctably to the elimination of legal burdens on the basis of sexual orientation.' Change will come slowly, with much backing and filling, and at an awful price measured in human pain. Intolerance for the homosexualities that exist among us, and the homosexual behavior in which many of us engage, will persist in quarters where the law cannot reach.2 Yet private homophobia, deprived of legal sanction, will ultimately be discredited and …


Judge-Jury Communications: Improving Communications And Understanding Bias, Ladoris Hazzard Cordell, Robert Rosenthal, Charles F.C. Ruff, Steven J. Adler Oct 1993

Judge-Jury Communications: Improving Communications And Understanding Bias, Ladoris Hazzard Cordell, Robert Rosenthal, Charles F.C. Ruff, Steven J. Adler

Indiana Law Journal

Symposium: Improving Communications in the Courtroom


Improving Communications In The Courtroom Symposium (Welcoming Remarks And Statement Of The Issues), Newton N. Minow, Peter David Blanck Oct 1993

Improving Communications In The Courtroom Symposium (Welcoming Remarks And Statement Of The Issues), Newton N. Minow, Peter David Blanck

Indiana Law Journal

Symposium: Improving Communications in the Courtroom


Science And Ethics In Conducting, Analyzing, And Reporting Social Science Research: Implications For Social Scientists, Judges, And Lawyers, Robert Rosenthal, Peter David Blanck Oct 1993

Science And Ethics In Conducting, Analyzing, And Reporting Social Science Research: Implications For Social Scientists, Judges, And Lawyers, Robert Rosenthal, Peter David Blanck

Indiana Law Journal

No abstract provided.


Did She Mention My Name?: Citation Of Academic Authority By The Supreme Court Of Canada, 1985-1990, Vaughan Black, Nicholas Richter Oct 1993

Did She Mention My Name?: Citation Of Academic Authority By The Supreme Court Of Canada, 1985-1990, Vaughan Black, Nicholas Richter

Dalhousie Law Journal

Readers of court judgments will have observed that in the course of expressing reasons for the decisions they reach, judges commonly refer to books and articles written by academics. This is not surprising. Many scholarly publications contain information, arguments and opinions pertinent to the choices that judges must make, and lawyers commonly refer to such works in the written and oral arguments they present to courts. We would therefore expect the judges who must assess and respond to such arguments to make mention of that scholarly material. Moreover a certain portion of academic writing-in particular, a preponderance of law review …


Motley Is Distinguished Jurist In Residence, Lauren K. Robel Oct 1993

Motley Is Distinguished Jurist In Residence, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Perspective: The Limits Of Judicial Independence, Owen M. Fiss Oct 1993

Perspective: The Limits Of Judicial Independence, Owen M. Fiss

University of Miami Inter-American Law Review

No abstract provided.


The D.C. Circuit As A National Court, Carl Tobias Sep 1993

The D.C. Circuit As A National Court, Carl Tobias

University of Miami Law Review

No abstract provided.


The Georgia Jury And Negligence: The View From The Trenches, R. Perry Sentell Jr. Sep 1993

The Georgia Jury And Negligence: The View From The Trenches, R. Perry Sentell Jr.

Scholarly Works

This is the third part of a project devoted to analyzing the Georgia negligence jury. The project employed as its original point of departure the extensive Chicago Jury Study of the 1960s, directed by Chicago Law Professor Harry Kalven, Jr. That Study's immortality derives principally from its famous first premise: Meaningful evaluation of the jury system must originate from within the system itself. That premise propelled Professor Kalven through a massive national survey of trial judges. The judges' responses, under Kalven's insightful analysis, yielded an unprecedented profile of the American jury. In foundational fashion, those responses indelibly etched into legal …


Clerks In The Maze, Pierre Schlag Aug 1993

Clerks In The Maze, Pierre Schlag

Michigan Law Review

It must be very difficult to be a judge - particularly an appellate judge. Not only must appellate judges reconcile often incommensurable visions of what law is, what it commands, or what it strives to achieve, but judges must do this largely alone. What little help they have in terms of actual human contact, apart from their clerks, typically takes the form of two or more advocates whose entire raison d'être is to persuade, coax, and manipulate the judge into reaching a predetermined outcome - one which often instantiates or exemplifies only the most tenuous positive connection to the rhetoric …


In Re Grabill Corporation; Appeal Of Ncnb National Bank Of North Carolina: Four To One Against Jury Trials In Bankruptcy Courts, Merritt Mcgarrah Jul 1993

In Re Grabill Corporation; Appeal Of Ncnb National Bank Of North Carolina: Four To One Against Jury Trials In Bankruptcy Courts, Merritt Mcgarrah

Mercer Law Review

In In re Grabill Corporation; Appeal of NCNB National Bank of North Carolina, the Seventh Circuit Court of Appeals joined the majority of the federal circuits in holding that bankruptcy judges do not have the express or implied authority to conduct jury trials. When the Seventh Amendment grants the right to a jury trial, the district court must conduct the trial.


The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider Jun 1993

The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider

Articles

The history of law is many things. But one of them is the story of an unremitting struggle between rules and discretion. The tension between these two approaches to legal problems continues to pervade and perplex the law today. Perhaps nowhere is that tension more pronounced and more troubling than in family law. It is probably impossible to practice family law without wrestling with the imponderable choice between rules and discretion. Consider, for example, how many areas of family law are now being fought over in-just those terms. For decades we have lived with an abundantly discretionary way of resolving …


Thomas's Supreme Unfitness--A Letter To The Senate On Advise And Consent, Gary J. Simson May 1993

Thomas's Supreme Unfitness--A Letter To The Senate On Advise And Consent, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.


A Biography Of The Second Justice Harlan, Louis R. Cohen May 1993

A Biography Of The Second Justice Harlan, Louis R. Cohen

Michigan Law Review

A Review of John Marshall: Great Dissenter of the Warren Court by Tinsley E. Yarbrough


Justice Blackmun, Federalism, And Separation Of Powers, Dan T. Coenen Apr 1993

Justice Blackmun, Federalism, And Separation Of Powers, Dan T. Coenen

Scholarly Works

On June 8, 1970, Harry A. Blackmun took his seat on the Supreme Court bench. Few then foresaw that, in the ensuing twenty-three terms of the Court, Justice Blackmun would make contributions to American law that rank no less than monumental. Justice Blackmun has become best known for his landmark opinion in Roe v. Wade and his increasingly pointed defense of libertarian and egalitarian values. During his long tenure on the Court, however, Justice Blackmun also quietly has shaped the law of constitutional federalism and separation of powers.

This reality first came to my attention in 1987, when I received …


The Myth Of The Impartial Judge, Jane C. Murphy Mar 1993

The Myth Of The Impartial Judge, Jane C. Murphy

All Faculty Scholarship

No abstract provided.


The Ambiguity Of Legal Dreams: A Communitarian Defense Of Judicial Restraint, James A. Gardner Mar 1993

The Ambiguity Of Legal Dreams: A Communitarian Defense Of Judicial Restraint, James A. Gardner

Journal Articles

No abstract provided.


Democracy In The Age Of Television, Theodore Y. Blumoff Mar 1993

Democracy In The Age Of Television, Theodore Y. Blumoff

Mercer Law Review

No abstract provided.


New York Law School Reporter, V. 10, No. 4, February 25, 1993, New York Law School Feb 1993

New York Law School Reporter, V. 10, No. 4, February 25, 1993, New York Law School

Student Newspapers

No abstract provided.


Retirement Dinner: Chief U.S. Probation Officer Howard G. Munson, Roger J. Miner '56 Jan 1993

Retirement Dinner: Chief U.S. Probation Officer Howard G. Munson, Roger J. Miner '56

Tributes & Testimonials

No abstract provided.


Disqualification Of Federal Judges - Third Circuit Orders District Judge James Mcgirr Kelly To Disqualify Himself So As To Preserve The Appearance Of Justice Under 28 U.S.C. 455, Cathleen M. Devlin Jan 1993

Disqualification Of Federal Judges - Third Circuit Orders District Judge James Mcgirr Kelly To Disqualify Himself So As To Preserve The Appearance Of Justice Under 28 U.S.C. 455, Cathleen M. Devlin

Villanova Law Review

No abstract provided.


Rethinking Federal Judicial Selection, Carl W. Tobias Jan 1993

Rethinking Federal Judicial Selection, Carl W. Tobias

Law Faculty Publications

The inauguration of President Bill Clinton, who will appoint more than three hundred new federal judges, affords an auspicious occasion for rethinking the process of federal judicial selection. The current federal bench, two-thirds of whose members were appointed by Presidents Ronald Reagan and George Bush, reflects increased conservatism and is quite homogeneous in terms of race, gender, and political perspectives. For instance, President Reagan appointed a dramatically smaller, and President Bush named a substantially lower, percentage of African-Americans than did President Jimmy Carter. The Republican chief executives made these appointments although they had much larger, more experienced, pools of female …


The D.C. Circuit As A National Court, Carl W. Tobias Jan 1993

The D.C. Circuit As A National Court, Carl W. Tobias

Law Faculty Publications

Every President since Franklin Delano Roosevelt has appointed lawyers from across the country to the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") and has been accused of ignoring the members of the D.C. Bar. The tradition of nationwide recruitment for appointment to the D.C. Circuit has served the District and the nation well, yielding some of the court's and America's finest judges.

The practice of seeking nominees nationally to fill vacancies on the D.C. Circuit recently faced a serious challenge. Many members of the D.C. Bar, who have long opposed this practice, developed a …


Moral Reasoning And The Quest For Legitimacy, Michael D. Daneker Jan 1993

Moral Reasoning And The Quest For Legitimacy, Michael D. Daneker

American University Law Review

No abstract provided.


The Federal Administrative Judiciary: Establishing An Appropriate System Of Performance Evaluation For Alj's, Jeffrey Lubbers Jan 1993

The Federal Administrative Judiciary: Establishing An Appropriate System Of Performance Evaluation For Alj's, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross Jan 1993

Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Impeachment And Removal Of Tennessee Judge West Humphreys: John Bingham's Prologue To The Johnson Impeachment Trial, Richard Aynes Jan 1993

The Impeachment And Removal Of Tennessee Judge West Humphreys: John Bingham's Prologue To The Johnson Impeachment Trial, Richard Aynes

Akron Law Faculty Publications

At the beginning of the Civil War many individuals who held positions under the United States government submitted resignations which, in their minds, allowed them to assume positions with the so-called government of the Confederate States of America. One of the few individuals who did not do so, but nevertheless assumed a position under the Confederate States of America was U.S. District Judge West H. Humphreys. After the Confederacy was formed, he continued to hold court in the same courtroom but under the guise of a Confederate States Judge.

This presented two problems for President Lincoln and the Unionists. First, …


Medición De La Seguridad Jurídica, Horacio M. Lynch Jan 1993

Medición De La Seguridad Jurídica, Horacio M. Lynch

Horacio M. LYNCH

Concurso Asociación de Bancos de la República Argentina (ADEBA).


Keeping The Covenant On The Federal Courts, Carl W. Tobias Jan 1993

Keeping The Covenant On The Federal Courts, Carl W. Tobias

Law Faculty Publications

When Governor Clinton was campaigning for the presidency, he contended that the federal court appointments of President Ronald Reagan and President George Bush significantly reduced the diversity that President Jimmy Carter had strongly promoted. Candidate Clinton pledged, if elected President, to rectify that situation. Since the election, Bill Clinton has fulfilled his promise by naming to the judiciary outstanding attorneys who reflect the diverse composition of American society. Now that President Clinton has completed his initial year of service, it is important to analyze the Clinton Administration's record of choosing judges to ascertain precisely how the President has kept his …