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1999

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Full-Text Articles in Law

Decisionmaking About General Damages: A Comparison Of Jurors, Judges, And Lawyers, Roselle L. Wissler, Allen J. Hart, Michael J. Saks Dec 1999

Decisionmaking About General Damages: A Comparison Of Jurors, Judges, And Lawyers, Roselle L. Wissler, Allen J. Hart, Michael J. Saks

Michigan Law Review

Placing important decisions in the hands of the civil jury - made up of ordinary citizens untrained in the law - has long been criticized. For example, Erwin Griswold, law school dean and Solicitor General of the United States, asked, "Why should anyone think that 12 persons brought in from the street, selected in various ways, for their lack of general ability, should have any special capacity for deciding controversies between persons?" And Jerome Frank, law professor, aggressive legal realist, and judge, argued that juries are uncertain, capricious, and unpredictable, ignorant and prejudiced, poor factfinders, gullible, and incapable of following …


Interview With E. Norman Veasey, Andrew Edelstein, E. Norman Veasey, Legal Oral History Project, University Of Pennsylvania Carey Law School Nov 1999

Interview With E. Norman Veasey, Andrew Edelstein, E. Norman Veasey, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

E. Norman Veasey (L '57) practiced at the firm of Richards, Layton & Finger from 1958 to 1992. In 1992 he was appointed Chief Justice of the Supreme Court of Delaware, where he served until 2004.


It-Cenit, Horacio M. Lynch, Mauricio Devoto Nov 1999

It-Cenit, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

En noviembre de 1999, ITCENIT ha publicado un informe que analiza el impacto de las nuevas tecnologías de la información y comunicaciones en la economía de la Argentina. Advierte sobre la oportunidad económica que la Argentina está desaprovechando al no estar preparada para ingresar en la Era de la Información, y del riesgo que corre de quedar notablemente retrasada con respecto a otros países. Este trabajo, resultado de tres años de reflexiones, ha sido especialmente preparado para sugerir ideas al nuevo gobierno que asumía en diciembre de 1999, e incluye una propuesta concreta con el fin de introducir en nuestra …


Racism In White Decision, Sean O'Brien Nov 1999

Racism In White Decision, Sean O'Brien

Faculty Works

No abstract provided.


A Defense Of Analogical Reasoning In Law, Emily Sherwin Oct 1999

A Defense Of Analogical Reasoning In Law, Emily Sherwin

Cornell Law Faculty Publications

This Article defends the practice of reasoning by analogy on the basis of its epistemic and institutional advantages. The advantages identified for analogical reasoning include that it produces a wealth of data for decisonmaking; it represents the collaborative effort of a number of judges over time; it tends to correct biases that might lead judges to discount the force of prior decisions; and it exerts a conservative force in law, holding the development of law to a gradual pace. Notably, these advantages do not depend on the rational force of analogical reasoning. Rather, the author contends that, as open-ended reasoning …


In Praise Of Justice Blackmun: (Corrected) Typos And All, Michael C. Dorf Oct 1999

In Praise Of Justice Blackmun: (Corrected) Typos And All, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Their Pride And Ornament: Judge Benjamin Johnson And The Federal Courts In Early Arkansas, Lynn Foster Oct 1999

Their Pride And Ornament: Judge Benjamin Johnson And The Federal Courts In Early Arkansas, Lynn Foster

University of Arkansas at Little Rock Law Review

No abstract provided.


Section 10: Justice Blackmun, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1999

Section 10: Justice Blackmun, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 2: The Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1999

Section 2: The Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


A Failed Coup On The Judicial Monarchy (Review Of God And Man In The Law, By Robert Lowry Clinton), David D. Garner Sep 1999

A Failed Coup On The Judicial Monarchy (Review Of God And Man In The Law, By Robert Lowry Clinton), David D. Garner

BYU Law Review

No abstract provided.


Humenansky V. Regents Of The University Of Minnesota: Questioning Congressional Intent And Authority To Abrogate Eleventh Amendment Immunity With The Adea, Eric Hunter Sep 1999

Humenansky V. Regents Of The University Of Minnesota: Questioning Congressional Intent And Authority To Abrogate Eleventh Amendment Immunity With The Adea, Eric Hunter

BYU Law Review

No abstract provided.


Interview With Judge Arlin M. Adams, Sarah Barringer Gordon, Arlin M. Adams, Legal Oral History Project, University Of Pennsylvania Carey Law School Jul 1999

Interview With Judge Arlin M. Adams, Sarah Barringer Gordon, Arlin M. Adams, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Arlin M. Adams (L '47) served as a justice of the United States Court of Appeals for the Third Circuit from 1969 until his retirement in 1987, when he returned to private practice. He was later involved in a number of significant legal cases. He died in 2015.


Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer Jul 1999

Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.


A Tribute To William T. Brotherton, Jr Jun 1999

A Tribute To William T. Brotherton, Jr

Washington and Lee Law Review

No abstract provided.


Comments On Rooker-Feldman Or Let State Law Be Our Guide, Jack M. Beermann May 1999

Comments On Rooker-Feldman Or Let State Law Be Our Guide, Jack M. Beermann

Faculty Scholarship

I feel privileged to have been asked to be a commentator on the three principal papers in this symposium. These are three excellent papers, and although there has been some valuable commentary on the Rooker-Feldman doctrine, there will be no need to go beyond these papers to gain a full appreciation of the doctrine, its applications, and its problems, which run as deep as the problems of any doctrine.


Interview With Judge Dolores Sloviter, Catharine L. Krieps, Dolores Sloviter, Legal Oral History Project, University Of Pennsylvania Carey Law School Apr 1999

Interview With Judge Dolores Sloviter, Catharine L. Krieps, Dolores Sloviter, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Dolores Sloviter (L '56) is a Senior Judge of the United States Court of Appeals for the Third Circuit. She is the first woman appointed to that court and the only woman to have served as its Chief Judge.


Advice--Consent--Senatorial Immaturity And The Judicial Selection Process, Richard D. Freer Apr 1999

Advice--Consent--Senatorial Immaturity And The Judicial Selection Process, Richard D. Freer

West Virginia Law Review

No abstract provided.


Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler Apr 1999

Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler

William & Mary Law Review

No abstract provided.


In Brief, Spring/Summer 1999, New York Law School Apr 1999

In Brief, Spring/Summer 1999, New York Law School

New York Law School In Brief

No abstract provided.


The Most Dangerous Justice: Measuring Judicial Power In The Lamer Court, 1991-97, Peter Mccormick Apr 1999

The Most Dangerous Justice: Measuring Judicial Power In The Lamer Court, 1991-97, Peter Mccormick

Dalhousie Law Journal

The Suoreme Court is an important national institution, but it is also nine individuals with differing conceptions of the law, the constitution and the judicial role. When the Court divides, which it does about half the time, some judges tend more often than others to write or to sign the reasons that constitute the decision of the Court. This article explores the notion of "judiciapl ower" by looking at the way that judges have written opinions and signed on to the opinions of others for the first seven years of this decade, looking for the "most powerful" (melodramatically: the "most …


Intrinsic Limits Of Congress' Power Regarding The Judicial Branch, David E. Engdahl Mar 1999

Intrinsic Limits Of Congress' Power Regarding The Judicial Branch, David E. Engdahl

BYU Law Review

No abstract provided.


Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen Mar 1999

Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen

Articles

No abstract provided.


Eulogy: Esther Carapella, Roger J. Miner '56 Jan 1999

Eulogy: Esther Carapella, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.


How Imperial Is The Supreme Court? An Analysis Of Supreme Court Abortion Doctrine And Popular Will, Michael Vitiello Jan 1999

How Imperial Is The Supreme Court? An Analysis Of Supreme Court Abortion Doctrine And Popular Will, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.


An Argument On The Record For More Federal Judgeships, William M. Richman Jan 1999

An Argument On The Record For More Federal Judgeships, William M. Richman

The Journal of Appellate Practice and Process

A case is made for increasing the number of federal judges. The author uses the loss of judge involvement in decisionmaking to begin his argument. The discussion then addresses the arguments against increasing federal judgeships.


Tribute To The Honorable Richard S. Arnold For His Service As Chief Judge Of The United State Court Of Appeals For The Eighth Circuit Jan 1999

Tribute To The Honorable Richard S. Arnold For His Service As Chief Judge Of The United State Court Of Appeals For The Eighth Circuit

The Journal of Appellate Practice and Process

This note introduces a section of tributes to the former Chief Judge of the United States Court of Appeals for the Eighth Circuit.


Tribute To The Honorable Richard S. Arnold, Gilbert S. Merritt Jan 1999

Tribute To The Honorable Richard S. Arnold, Gilbert S. Merritt

The Journal of Appellate Practice and Process

A former Chief Judge of the United States Court of Appeals for the Sixth Circuit recounts Judge Arnold’s life and service.


Tribute To The Honorable Richard S. Arnold, Anne Cohen Jan 1999

Tribute To The Honorable Richard S. Arnold, Anne Cohen

The Journal of Appellate Practice and Process

A former law clerk recounts Judge Arnold’s life and service.


Tribute To The Honorable Richard S. Arnold, Pasco M. Bowman Ii Jan 1999

Tribute To The Honorable Richard S. Arnold, Pasco M. Bowman Ii

The Journal of Appellate Practice and Process

A fellow circuit judge and colleague for fifteen years of the Honorable Richard S. Arnold recounts Judge Arnold’s life and service.


Tribute To The Honorable Richard S. Arnold, Philip B. Heymann Jan 1999

Tribute To The Honorable Richard S. Arnold, Philip B. Heymann

The Journal of Appellate Practice and Process

A classmate and friend recounts Judge Arnold’s life and service.