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Articles 1 - 30 of 60
Full-Text Articles in Law
Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman
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
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 All other opinions are limited to brief statements of the reasons for the decision, go unpublished, and generally carry a prohibition against their being cited as precedent.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
Erosion Of Democracy, Tyrie A. Boyer
University of Miami Law Review
No abstract provided.
Why Reporters Love Judicial Elections, Joel Achenbach
Why Reporters Love Judicial Elections, Joel Achenbach
University of Miami Law Review
No abstract provided.
Judicial Accountability And Independence: Balancing Incompatibles?, Roger Handberg
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
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
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
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
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 …
Recovered Memory Of Childhood Sexual Abuse, Aubrey Immelman
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.
John Marshall And The Moral Basis For Judicial Review, David F. Forte
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.
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.
William J. Harbison, Ward Dewitt, Jr.
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 …
On Greatness And Constitutional Vision: Justice Byron R. White, Rex E. Lee, Richard G. Wilkins
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
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
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
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
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
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
Justice Byron R. White: A Modern Federalist And A New Deal Liberal, William E. Nelson
BYU Law Review
No abstract provided.
William J. Harbison, Thomas J. Sherrard, Iii
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 …
The Deceptive Nature Of Rules, Larry Alexander, Emily Sherwin
The Deceptive Nature Of Rules, Larry Alexander, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Clark Memorandum: Spring 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School
Clark Memorandum: Spring 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School
The Clark Memorandum
- Why the Founding Fathers Would Call Another Constitutional Convention Now (Malcom R. Wilkey)
- Gospel Teachings About Lying (Dallin H. Oaks)
- Against the Current (John Snyder)
- The Hurler of Stars: To Serve and To Revere (Elder Marion D. Hanks)
The Civil Rights Judge: Taming The Storm: The Life And Times Of Judge Frank M. Johnson, Howard Hunter
The Civil Rights Judge: Taming The Storm: The Life And Times Of Judge Frank M. Johnson, Howard Hunter
Research Collection Yong Pung How School Of Law
No abstract provided.
Using History To Reshape The Discussion Of Judicial Review, Shawn Gunnarson
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
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.
Justice Blackmun's Eighth Amendment Pilgrimage, D. Grier Stephenson Jr.
Brigham Young University Journal of Public Law
No abstract provided.
Testimonial Dinner: Hon. Warren E. Zittell, Columbia County Judge, Roger J. Miner '56
Testimonial Dinner: Hon. Warren E. Zittell, Columbia County Judge, Roger J. Miner '56
Tributes & Testimonials
No abstract provided.
Remarks: St John's Law Review Alumni Dinner, Roger J. Miner '56
Remarks: St John's Law Review Alumni Dinner, Roger J. Miner '56
Law Review Addresses
No abstract provided.
Memorial Service, Judge Justin J. Mahoney, Roger J. Miner '56
Memorial Service, Judge Justin J. Mahoney, Roger J. Miner '56
Judges
No abstract provided.