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Articles 1 - 28 of 28
Full-Text Articles in Law
Conclusion, Robin Jean Davis, Louis J. Palmer Jr.
Conclusion, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Judicial Disciplinary Law, Robin Jean Davis, Louis J. Palmer Jr.
Judicial Disciplinary Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Introduction And Table Of Contents, Robin Jean Davis, Louis J. Palmer Jr.
Introduction And Table Of Contents, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Textualism, The Unknown Ideal?, William N. Eskridge Jr.
Textualism, The Unknown Ideal?, William N. Eskridge Jr.
Michigan Law Review
In May 1997, the New York Knickerbockers basketball team was poised to reach the finals of its division in the National Basketball Association (NBA). The Knicks led the rival Miami Heat by three games to two and needed one more victory to win the best-of seven semifinal playoff series. Game six would be in New York; with their star center, Patrick Ewing, playing well, victory seemed assured for the Knicks. A fracas during game five changed the odds. During a fight under the basket between Knicks and Heat players, Ewing left the bench and paced in the middle of the …
Lessons From The Fall, Andrea D. Lyon
Lessons From The Fall, Andrea D. Lyon
Michigan Law Review
This book is both better and worse than one would expect. It is the story of Sol Wachtler, former Chief Judge of New York State Court of Appeals. Wachtler had an extramarital affair with a woman for whom he had been appointed executor, and after the breakup he stalked her with letters, phone calls, and threats. Eventually he was convicted of extortion and sent to prison. His fall from power is what fascinates us, of course, but that is not what is valuable about this book. It answers an outsider's questions about the prison experience, seems to reflect accurately the …
An Outsider's View Of Common Law Evidence, Roger C. Park
An Outsider's View Of Common Law Evidence, Roger C. Park
Michigan Law Review
same line by a Newton. There have been improvements since Bentham's jeremiad. But Anglo-American evidence law is still puzzling. It rejects the common-sense principle of free proof in favor of a grotesque jumble of technicalities. It has the breathtaking aspiration of regulating inference by rule, causing it to exalt the foresight of remote rulemakers over the wisdom of on-the-spot adjudicators. It departs from tried-and-true practices of rational inquiry, as when it prohibits courts from using categories of evidence that are freely used both in everyday life and in the highest affairs of state. Sometimes it seems to fear dim light …
Coping With "Loss": A Re-Examination Of Sentencing Federal Economic Crimes Under The Guidelines, Frank O. Bowman, Iii
Coping With "Loss": A Re-Examination Of Sentencing Federal Economic Crimes Under The Guidelines, Frank O. Bowman, Iii
Vanderbilt Law Review
The primary determinant of sentence length for federal economic criminals is the amount of "loss" resulting from an offender's conduct.' The idea of basing sentences for economic crimes primarily on "loss" has become the source of ongoing, complex, and proliferating disputes about what the term "loss" really means and how it should be interpreted in particular cases. The "loss" calculation is one of the most frequently litigated issues in federal sentencing law. There are at present splits of opinion between the federal circuits on at least eleven analytically distinct issues concerning the meaning and application of the "loss" concept. Even …
R. V. R.D.S.: A Political Science Perspective, Jennifer Smith
R. V. R.D.S.: A Political Science Perspective, Jennifer Smith
Dalhousie Law Journal
Political scientists, including those who study Canadian government and politics, regard the judiciary as a component of the system of governance as a whole. They view it as an institution in relation to other institutions. Thus in The Judiciary in Canada: The Third Branch of Government, Peter Russell examines such issues as the structure of the judiciary in the federal system, the separation of powers and judicial independence, and the appointment, promotion and removal of judges.' As well, political scientists follow the development of the law itself, in areas of peculiar relevance to political life, like electoral law, or of …
Oregon V. Elstad Revisited: Urging State Court Judges To Depart From The U.S. Supreme Court's Narrowing Of Miranda, Claudia R. Barbieri
Oregon V. Elstad Revisited: Urging State Court Judges To Depart From The U.S. Supreme Court's Narrowing Of Miranda, Claudia R. Barbieri
University of the District of Columbia Law Review
Imagine an average young man on the threshold of adulthood, living in a medium-sized town in a middle-class family. Still in his early years, he gets into a little local trouble and one day finds the police at his door. They ask him questions about a burglary. He panics, and as he racks his brain for some scrap of legal knowledge that might get him out of this frightening situation, he admits that he knows about the crime, stating he was there. The police become more persistent, telling him they know about his involvement, asking him if he wants to …
Remembering The Fourth Circuit Judges: A History From 1941 To 1998
Remembering The Fourth Circuit Judges: A History From 1941 To 1998
Washington and Lee Law Review
No abstract provided.
Fostering Balance On The Federal Courts , Carl Tobias
Fostering Balance On The Federal Courts , Carl Tobias
American University Law Review
No abstract provided.
Textualism's Selective Canons Of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, And Deference To Executive Agencies, Bradford C. Mank
Textualism's Selective Canons Of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, And Deference To Executive Agencies, Bradford C. Mank
Kentucky Law Journal
No abstract provided.
The Evolution Of Chutzpah As A Legal Term: The Chutzpah Championship, Chutzpah Award, Chutzpah Doctrine, And Now, The Supreme Court, Jack Achiezer Guggenheim
The Evolution Of Chutzpah As A Legal Term: The Chutzpah Championship, Chutzpah Award, Chutzpah Doctrine, And Now, The Supreme Court, Jack Achiezer Guggenheim
Kentucky Law Journal
No abstract provided.
Justice James D. Heiple: Impeachment And The Assault On Judicial Independence, Jerome B. Meites, Steven F. Pflaum
Justice James D. Heiple: Impeachment And The Assault On Judicial Independence, Jerome B. Meites, Steven F. Pflaum
Loyola University Chicago Law Journal
In 1997, the Illinois House of Representatives conducted its first impeachment investigation of an Illinois Supreme Court justice in 145 years. In this Article, the authors discuss the appropriate standards for impeachment under the Illinois constitution and the need to ensure that the independence of the judiciary is not harmed by politically motivated impeachment proceedings. The authors also examine how the Special House Investigating Committee ("House Committee") applied those standards to its investigation of Illinois Supreme Court Justice James D. Heiple. Finally, they propose reforms to the judicial disciplinary provisions of the Illinois constitution as a result of the Heiple …
Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie
Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie
UIC Law Review
No abstract provided.
Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry
Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry
UIC Law Review
No abstract provided.
Fidelity To Original Preferences: An Application Of Consumer Choice Theory To The Problems Of Legal Interpretation, 31 J. Marshall L. Rev. 1111 (1998), Ahmed M. Saeed
UIC Law Review
No abstract provided.
Ruth Bader Ginsburg: Extending The Constitution, 32 J. Marshall L. Rev. 197 (1998), Amy Walsh
Ruth Bader Ginsburg: Extending The Constitution, 32 J. Marshall L. Rev. 197 (1998), Amy Walsh
UIC Law Review
No abstract provided.
Austin Owen Lecture: Difficulties, Dangers & Challenges Facing The Judiciary Today, Robert E. Payne
Austin Owen Lecture: Difficulties, Dangers & Challenges Facing The Judiciary Today, Robert E. Payne
University of Richmond Law Review
Judge Payne presented this address at The Sixth Annual Austin Owen Lecture on November 18, 1997. The Honorable Austin E. Owen attended Richmond College from 1946-47 and received his law degree from The T.C. Williams School of Law in 1950. During his distinguished career, Judge Owen served as an Assistant U.S. Attorney for the Eastern District of Virginia; a partner in Owen, Gray, Rhodes, Betz, Smith and Dickerson; and was appointed Judge of the Second Judicial Circuit of Virginia where he served until his retirement in 1990. The Law School community grieved the loss of this distinguished alumnus upon his …
From Whence Cometh Our State Appellate Judges: Popular Election Versus The Missouri Plan, Robert L. Brown
From Whence Cometh Our State Appellate Judges: Popular Election Versus The Missouri Plan, Robert L. Brown
University of Arkansas at Little Rock Law Review
No abstract provided.
The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger
The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger
Cleveland State Law Review
Only a few legal scholars have attempted to work out what jurisprudence might look like if lawmakers and judges took their religious world-views seriously-and explicitly-in their work, in a way respectful of "the fact of pluralism." My task is to imagine the concrete case: what a judge's jurisprudence might look like if a judge considered the wisdom of his own religious tradition in constitutional cases. This article explores broad jurisprudential themes and specific First Amendment and social welfare opinions of Justice William Rehnquist, who for some years has been a member of a Lutheran congregation, my own denomination. While Justice …
Reflections On Way Paving Jewish Justices And Jewish Women, Justice Ruth Bader Ginsburg
Reflections On Way Paving Jewish Justices And Jewish Women, Justice Ruth Bader Ginsburg
Touro Law Review
No abstract provided.
Interview: The Federal Courts: Observations From Thirty Years On The Bench, Robert R. Merhige Jr., J. Christopher Lemons
Interview: The Federal Courts: Observations From Thirty Years On The Bench, Robert R. Merhige Jr., J. Christopher Lemons
University of Richmond Law Review
This is an interview of Judge Robert R. Merhige, Jr of the Eastern District of Virginia.
Hopwood, Equal Protection, And Affirmative Action: Can Anyone's Ox Be Gored?, David J. Jannuzzi
Hopwood, Equal Protection, And Affirmative Action: Can Anyone's Ox Be Gored?, David J. Jannuzzi
Touro Law Review
No abstract provided.
Due Process, Court Of Appeals: People V. Thompson
Due Process, Court Of Appeals: People V. Thompson
Touro Law Review
No abstract provided.
Judicial Efficiency: Is There A Vacancy Crisis Threatening The Nation's Judicial System?, Panel Discussion
Judicial Efficiency: Is There A Vacancy Crisis Threatening The Nation's Judicial System?, Panel Discussion
Fordham Urban Law Journal
A panel composed of Honorable John F. Keenan, Michael Armstrong, Otto Obermaier, Honorable Michael Schattman, and Stephan Kline discuss whether the vacancy rate in the judiciary threatens erosion of the quality of justice. The panelists discuss whether the problem involves the White House's inability to work with the Senate Judiciary Committee, people of different persuasions, to move judicial candidates along. They also discuss how our system is dependent upon people who are older (senior judges), who are retired, who are entitled to move on, having to fill the vacancies. The panel discussion was followed by a short ceremony to unveil …
Is There A Threat To Judicial Independence In The United States Today? Roundtable Discussion, Roundtable Discussion
Is There A Threat To Judicial Independence In The United States Today? Roundtable Discussion, Roundtable Discussion
Fordham Urban Law Journal
This roundtable discussion poses the question of whether there is a threat to judicial independence in the United States today and, if so, what it is, to a panel of five judges composed of Honorable William H. Walls, Honorable Edward R. Becker, Honorable Morton I. Greenberg, Honorable Jan E. DuBois, and Honorable Stanley Sporkin. Some discuss what they consider the great stall by a partisan majority Senate to confirm judicial nominations, while others argue they have encountered no threat to their judicial independence, which allows for unpopular decisions to be made. Another concern discussed is that for state judges that …
Forward: Is There A Threat To Judicial Independence In The United States Today?, Maria L. Marcus
Forward: Is There A Threat To Judicial Independence In The United States Today?, Maria L. Marcus
Fordham Urban Law Journal
This foreword gives a brief background on the panel discussion to ensue, which illustrates the dilemma surrounding the external pressure public criticism places on judges and how it affects judicial independence.