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1994

Judges

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Articles 1 - 30 of 63

Full-Text Articles in Law

Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman Nov 1994

Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman

San Diego Law Review

The Immigration and Nationality Act vests enormous discretion in the Attorney General and subordinates, such discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article explores the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. The author demonstrates the "disintegration" of administrative law and what he sees as the failure of its general precepts to accommodate immigration issues. The Article traces the development of faulty doctrine through case law, resulting in a stunted judicial ...


Merit Selection: Current Status, Procedures, And Issues, Jona Goldschmidt Oct 1994

Merit Selection: Current Status, Procedures, And Issues, Jona Goldschmidt

University of Miami Law Review

No abstract provided.


Judicial Accountability And Independence: Balancing Incompatibles?, Roger Handberg Oct 1994

Judicial Accountability And Independence: Balancing Incompatibles?, Roger Handberg

University of Miami Law Review

No abstract provided.


Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau Oct 1994

Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau

University of Michigan Journal of Law Reform

In response to the "crisis of volume," state and federal appellate courts have been restricting the opinions they write to those opinions which will: (1) establish a new. rule of law or expand, alter, or modify an existing rule; (2) involve a legal issue of continuing public interest; (3) criticize existing law; or (4) resolve a conflict of authority. All other opinions are limited to brief statements of the reasons for the decision, go unpublished, and generally carry a prohibition against their being cited as precedent. Recently, critics have alleged a number of faults with this practice, including the supposed ...


Why Reporters Love Judicial Elections, Joel Achenbach Oct 1994

Why Reporters Love Judicial Elections, Joel Achenbach

University of Miami Law Review

No abstract provided.


Missing The "Play Of Intelligence", Daniel A. Farber Oct 1994

Missing The "Play Of Intelligence", Daniel A. Farber

William & Mary Law Review

No abstract provided.


Erosion Of Democracy, Tyrie A. Boyer Oct 1994

Erosion Of Democracy, Tyrie A. Boyer

University of Miami Law Review

No abstract provided.


Ensuring A Diverse Bench: Is Florida Up To The Task?, Deborah Hardin Wagner Oct 1994

Ensuring A Diverse Bench: Is Florida Up To The Task?, Deborah Hardin Wagner

University of Miami Law Review

No abstract provided.


Trustees Of The Justice System: Quasi-Judicial Activity And The Failure Of The 1990 Aba Model Code Of Judicial Conduct, Mark Scott Bagula, Robert C. Coates Sep 1994

Trustees Of The Justice System: Quasi-Judicial Activity And The Failure Of The 1990 Aba Model Code Of Judicial Conduct, Mark Scott Bagula, Robert C. Coates

San Diego Law Review

This Article discusses the treatment of judges' activities to improve the law in the 1990 Model Code of Judicial Conduct. The 1972 Code of Judicial Conduct separated the guidelines for engaging in acts to improve the law ("quasi-judicial activity") from cautions against off-bench activity wholly unrelated to the law ("extra-judicial activity"). The 1990 Model Code of Judicial Conduct consolidates quasi-judicial activity and extra-judicial activity into a single canon - Canon 4. The authors argue that this consolidation provides judges with little encouragement to improve the law. They suggest that the failure to encourage judges to improve our justice system is contrary ...


Recovered Memory Of Childhood Sexual Abuse, Aubrey Immelman Sep 1994

Recovered Memory Of Childhood Sexual Abuse, Aubrey Immelman

Psychology Faculty Publications

This article examines the psychological basis for repression and recovery of traumatic memories, presents the results of research on potential sources of error in delayed or recovered memories, and offers possible reasons (primarily related to clinical practice and collective behavior) for false accusations of sexual abuse.


Buckley V. Illinois Judicial Inquiry Board And Stretton V. Disciplinary Board Of The Supreme Court: First Amendment Limits On Ethical Restrictions Of Judicial Candidates' Speech, Robert M. Brode Jun 1994

Buckley V. Illinois Judicial Inquiry Board And Stretton V. Disciplinary Board Of The Supreme Court: First Amendment Limits On Ethical Restrictions Of Judicial Candidates' Speech, Robert M. Brode

Washington and Lee Law Review

No abstract provided.


John Marshall And The Moral Basis For Judicial Review, David F. Forte Jun 1994

John Marshall And The Moral Basis For Judicial Review, David F. Forte

Law Faculty Articles and Essays

During the last two decades, many observers have been disappointed in some of the appointments to the federal bench and in the judicial philosophies some judges have brought with them. But if we turn to the source of our constitutional order, we would find in the example of John Marshall the moral basis for the judicial craft.


Cheers! A Tribute To Justice Byron R. White, John Paul Stevens May 1994

Cheers! A Tribute To Justice Byron R. White, John Paul Stevens

BYU Law Review

No abstract provided.


Justice Byron White And The Argument That The Greater Includes The Lesser, Michael Herz May 1994

Justice Byron White And The Argument That The Greater Includes The Lesser, Michael Herz

BYU Law Review

No abstract provided.


Realism, Rationality And Justice Byron White: Three Easy Cases, Allan Ides May 1994

Realism, Rationality And Justice Byron White: Three Easy Cases, Allan Ides

BYU Law Review

No abstract provided.


On Greatness And Constitutional Vision: Justice Byron R. White, Rex E. Lee, Richard G. Wilkins May 1994

On Greatness And Constitutional Vision: Justice Byron R. White, Rex E. Lee, Richard G. Wilkins

BYU Law Review

No abstract provided.


Justice Byron R. White: A Modern Federalist And A New Deal Liberal, William E. Nelson May 1994

Justice Byron R. White: A Modern Federalist And A New Deal Liberal, William E. Nelson

BYU Law Review

No abstract provided.


Shirt-Tales: Clerking For Byron White, Kevin J. Worthen May 1994

Shirt-Tales: Clerking For Byron White, Kevin J. Worthen

BYU Law Review

In honor of Byron White's 25th anniversary as a Supreme Court Justice, his then-current and former clerks presented him with a T-shirt. Emblazoned on the shirt were short, usually one-line, statements expressing the clerks’ thoughts about the Justice, his career, and their experiences as clerks. The melange of brief messages conveys much about the relationship between Justice White and those who were privileged to work as his clerks. It also provides meaningful insights into the clerkship experience, as well as into the nature of the man who defined the experience by the force of his personality.


And He Can Take A Hit Too: Justice White's Utah Connection, Robert Leede Davis May 1994

And He Can Take A Hit Too: Justice White's Utah Connection, Robert Leede Davis

BYU Law Review

No abstract provided.


William J. Harbison, Ward Dewitt, Jr. May 1994

William J. Harbison, Ward Dewitt, Jr.

Vanderbilt Law Review

Those close to him knew Bill Harbison for much more than the great legal scholar that he was. For almost twenty years I had the good fortune to practice law with him and was privileged to be his friend for over forty years. He was, as everyone knows, an outstanding lawyer and judge, but perhaps many do not know the non-legal side of Bill Harbison. In no particular order, Bill was a churchman, a sports enthusiast, a gardener, a historian, a fisherman, a lover of literature, and above all a devoted family man. For many years he was active at ...


William J. Harbison, Thomas J. Sherrard, Iii May 1994

William J. Harbison, Thomas J. Sherrard, Iii

Vanderbilt Law Review

Bill joined Sherrard & Roe after his retirement from the Tennessee Supreme Court in the spring of 1990. Although I didn't appreciate it fully at the time, his arrival proved to be a defining event for our firm. To a group of practitioners in a growing law practice still trying to identify clearly our professional objectives and philosophy of practice, Justice Harbison served as an immediate and constant exemplar of those qualities and attributes that we most admired and that we knew should be perpetuated in our firm.

Of course, we all knew before Bill Harbison joined our firm that ...


Clark Memorandum: Spring 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School Apr 1994

Clark Memorandum: Spring 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


The Deceptive Nature Of Rules, Larry Alexander, Emily Sherwin Apr 1994

The Deceptive Nature Of Rules, Larry Alexander, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Deliberate Indifference: Judicial Tolerance Of Racial Bias In Criminal Justice, Bryan A. Stevenson, * Ruth E. Friedman Mar 1994

Deliberate Indifference: Judicial Tolerance Of Racial Bias In Criminal Justice, Bryan A. Stevenson, * Ruth E. Friedman

Washington and Lee Law Review

No abstract provided.


Using History To Reshape The Discussion Of Judicial Review, Shawn Gunnarson Mar 1994

Using History To Reshape The Discussion Of Judicial Review, Shawn Gunnarson

BYU Law Review

No abstract provided.


Justice Blackmun's Eighth Amendment Pilgrimage, D. Grier Stephenson Jr. Mar 1994

Justice Blackmun's Eighth Amendment Pilgrimage, D. Grier Stephenson Jr.

Brigham Young University Journal of Public Law

No abstract provided.


The Civil Rights Judge: Taming The Storm: The Life And Times Of Judge Frank M. Johnson, Howard Hunter Mar 1994

The Civil Rights Judge: Taming The Storm: The Life And Times Of Judge Frank M. Johnson, Howard Hunter

Research Collection School Of Law

No abstract provided.


Remarks: St John's Law Review Alumni Dinner, Roger J. Miner '56 Jan 1994

Remarks: St John's Law Review Alumni Dinner, Roger J. Miner '56

Law Review Addresses

No abstract provided.


Testimonial Dinner: Hon. Warren E. Zittell, Columbia County Judge, Roger J. Miner '56 Jan 1994

Testimonial Dinner: Hon. Warren E. Zittell, Columbia County Judge, Roger J. Miner '56

Tributes & Testimonials

No abstract provided.


Tribute: A Tribute To Justice Harry A. Blackmun: "The Kind Voice Of Friends", William H. Rehnquist, Ruth Bader Ginsburg, William J. Brennan, Jr., Byron R. White, Richard Arnold, A.M. Keith, Paul R. Baier, Allan Gates, Erwin N. Griswold, Edward Lazarus, Norval Morris, Gregg Orwoll, Estelle H. Rogers, Herman Schwartz, Nina Totenberg, Sarah Weddington Jan 1994

Tribute: A Tribute To Justice Harry A. Blackmun: "The Kind Voice Of Friends", William H. Rehnquist, Ruth Bader Ginsburg, William J. Brennan, Jr., Byron R. White, Richard Arnold, A.M. Keith, Paul R. Baier, Allan Gates, Erwin N. Griswold, Edward Lazarus, Norval Morris, Gregg Orwoll, Estelle H. Rogers, Herman Schwartz, Nina Totenberg, Sarah Weddington

American University Law Review

No abstract provided.