Law Commons^™

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 …

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 All other opinions are limited to brief statements of the reasons for the decision, go unpublished, and generally carry a prohibition against their being cited as precedent.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 …

Erosion Of Democracy, Tyrie A. Boyer

University of Miami Law Review

No abstract provided.

Why Reporters Love Judicial Elections, Joel Achenbach

University of Miami Law Review

No abstract provided.

Judicial Accountability And Independence: Balancing Incompatibles?, Roger Handberg

University of Miami Law Review

No abstract provided.

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

University of Miami Law Review

No abstract provided.

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

University of Miami Law Review

No abstract provided.

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

William & Mary 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

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 …

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.

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

BYU Law Review

No abstract provided.

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

BYU Law Review

No abstract provided.

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.

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

BYU Law Review

No abstract provided.

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

BYU Law Review

No abstract provided.

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

BYU Law Review

No abstract provided.

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

BYU Law Review

No abstract provided.

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

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 …

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

BYU Law Review

No abstract provided.

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

Washington and Lee Law Review

No abstract provided.

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

Brigham Young University Journal of Public Law

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

American University Law Review

No abstract provided.

Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari

Touro Law Review

No abstract provided.

Liteky V. United States: The Supreme Court Restricts The Disqualification Of Biased Federal Judges Under Section 455(A), Lori M. Mcpherson

University of Richmond Law Review

One of the basic tenets of our judicial system is the right of litigants to have a neutral and impartial judge preside over their case. Over the last two hundred years, American legislatures and courts have sought to "secure the impartiality of trial judges by requiring judges to disqualify themselves in various circumstances." The latest Supreme Court case to consider the issue of judicial disqualification was Liteky v. United States.

A Typology Of Transjudicial Communication, Anne-Marie Slaughter

University of Richmond Law Review

Courts are talking to one another all over the world. Mary Ann Glendon describes a "brisk international traffic in ideas about rights," conducted by judges. "In Europe generally," she adds, "and in Australia, Canada, and New Zealand, national law is increasingly caught up in a process of cross-fertilization among legal systems."

The Supreme Court Rules On Statements Against Interest, Michael M. Martin

Touro Law Review

No abstract provided.

Diversifying The Judiciary: The Influence Of Gender And Race Of Judging, Susan Moloney Smith

University of Richmond Law Review

In 1978, political scientist Beverly Blair Cook wrote Women Judges: The End of Tokenism for a publication of the National Center for State Courts. She observed that the "national proportion of women judges has matched the national proportion of women lawyers on a time lag basis." She compared the number of women law graduates with the number of women judges, finding that in the 1960s, women composed 1-2% of the legal profession and accounted for 1-2% ofjudges. With women repre- senting 4% of all law graduates in the 1960s, the number of women judges increased to 4% in the 1970s. …

A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken

Touro Law Review

No abstract provided.

Coconspirator Statements And Former Testimony In New York And Federal Courts With Some Comments On Codification, Randolph N. Jonakait

Touro Law Review

No abstract provided.