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Articles 1 - 3 of 3
Full-Text Articles in Law
The Compromise Of '38 And The Federal Courts Today, John H. Robinson
The Compromise Of '38 And The Federal Courts Today, John H. Robinson
Journal Articles
In 1998 the legal community of the United States should stop and take stock of two epochal events in the history of the federal judicial system. One of those events, as readers of a procedure symposium do not need to be told, is the sixtieth anniversary of the introduction of the Federal Rules of Civil Procedure. I shall have more to say about that event presently, but I want first to devote a few paragraphs to a second event, one which proceduralists ignore at their peril. The event I have in mind is the initiation of a new era of …
The Religious Dimension Of Judicial Decision Making And The Defacto Disestablishment, Mark C. Modak-Truran
The Religious Dimension Of Judicial Decision Making And The Defacto Disestablishment, Mark C. Modak-Truran
Journal Articles
Despite the de facto disestablishment of religion, I will try to illustrate the centrality of religion as a resource for understanding judicial decision making. The central question for this inquiry is: What, if any, is the role of religious beliefs in judicial decision making?
Catholic Judges In Capital Cases, Amy Coney Barrett, John H. Garvey
Catholic Judges In Capital Cases, Amy Coney Barrett, John H. Garvey
Journal Articles
The Catholic Church's opposition to the death penalty places Catholic judges in a moral and legal bind. While these judges are obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty, they are also obliged to adhere to their church's teaching on moral matters. Although the legal system has a solution for this dilemma by allowing the recusal of judges whose convictions keep them from doing their job, Catholic judges will want to sit whenever possible without acting immorally. However, litigants and the general public are entitled to impartial justice, which may be something a …