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Articles 1 - 30 of 80
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
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
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
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
Letter To Rjm From Pfeiffer, A. S. Pfeiffer
Letter To Rjm From Pfeiffer, A. S. Pfeiffer
Memos and Letters to Law Clerks
No abstract provided.
Letter To Clerk Of Court Re: Freeman Webb, Roger J. Miner '56
Letter To Clerk Of Court Re: Freeman Webb, Roger J. Miner '56
Memos and Letters to Law Clerks
No abstract provided.
Their Pride And Ornament: Judge Benjamin Johnson And The Federal Courts In Early Arkansas, Lynn Foster
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.
A Defense Of Analogical Reasoning In Law, Emily Sherwin
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
In Praise Of Justice Blackmun: (Corrected) Typos And All, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Section 10: Justice Blackmun, Institute Of Bill Of Rights Law, William & Mary Law School
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.