Law Commons^™

Interview With Judge Harvey Bartle, Shirin Heidary, Harvey Bartle Iii, 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.

Harvey Bartle III (L '65) is a senior judge of the United States District Court, Eastern District of Pennsylvania. He served as chief judge of that court from 2006 to 2011.

Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore

Michigan Law Review

The frequency with which juries participate in patent litigation has skyrocketed recently. At the same time, there is a popular perception that the increasing complexity of technology being patented (especially in the electronic, computer software, biological and chemical fields) has made patent trials extremely difficult for lay juries to understand. These developments have sparked extensive scholarly debate and increasing skepticism regarding the role of juries in patent cases. Juries have participated in some aspects of patent litigation since the enactment of the first patent statute in 1790, which provided for "such damages as shall be assessed by a jury." The …

Interview With Justice Randy J. Holland, Katie Harrison, Randy J. Holland, 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.

Randy J. Holland (L '72) served as a Justice of the Delaware Supreme Court from 1986 until his retirement in 2017. At the time of his appointment he was the youngest person ever to serve on that court.

Assessing The New Judicial Minimalism, Christopher J. Peters

All Faculty Scholarship

In this article, which has been published in slightly revised form at 100 Colum. L. Rev. 1454 (2000), I critique some recently prominent arguments for "judicial minimalism" in constitutional decisionmaking. Current minimalist arguments, I contend, are primarily "policentric," that is, focused on the role the judiciary can play in bolstering the accountability and deliberativeness of the political branches. Drawing in part on a previous article, I offer an alternative approach to minimalism that is "juricentric" - focused on the inherent democratic legitimacy of the adjudicative process and the unique competence of that process to produce decisions about individual rights. I …

Eliminating Consideration Of Parental Wealth In Post-Divorce Child Custody Disputes, Carolyn J. Frantz

Michigan Law Review

There may be no story as old as that of the child of privilege, spoiled in the things of the world, who finally achieves happiness through coming to appreciate the simple charms of working-class life. But equal in strength are the real life stories of American parents: their drive for the accumulation of personal wealth, so frequently justified as "for the children." The place of wealth in the good life of a child is deeply controversial, and it should surprise no one to see it played out in child custody law. Under the statutes of almost all states, custody disputes …

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

Supreme Court Preview

No abstract provided.

Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson

Indiana Law Journal

No abstract provided.

John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.

The Dissenting Opinion: Voice Of The Future?, Claire L'Heureux-Dube

Osgoode Hall Law Journal

Madame Justice L'Heureux-Dubé explores the history and the role of dissenting opinions in Canadian law. She argues that dissents contribute to the development of the law through their prophetic potential. Dissents are also fundamental elements of judicial discourse, serving to safeguard the integrity of the decisionmaking process and judicial independence. The Canadian legal tradition, like its American counterpart, provides numerous examples of why, in 1951, future Chief Justice Bora Laskin praised the "precious right" to dissent. Unanimity is not indispensable for judicial legitimacy or legal stability. In fact, the presence of judicious dissents can portray the true complexity of legal …

Justice Bushrod Washington And The Age Of Discovery In American Law, David A. Faber

West Virginia Law Review

No abstract provided.

La Transición A La Economía Digital, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

En el curso de una investigación, tropezamos con un reciente estudio de Nueva Zelanda denominado La economía del conocimiento , con un capítulo inicial cuyo título, por razones obvias, nos llamó la atención: "Venciendo la enfermedad argentina".

Losing Faith: America Without Judicial Review?, Erwin Chemerinsky

Michigan Law Review

In the last decade, it has become increasingly trendy to question whether the Supreme Court and constitutional judicial review really can make a difference. Gerald Rosenberg, for example, in The Hollow Hope, expressly questions whether judicial review achieves effective social change. Similarly, Michael Klarman explores whether the Supreme Court's desegregation decisions were effective, except insofar as they produced a right-wing backlash that induced action to desegregate. In Taking the Constitution Away from the Courts, Mark Tushnet approvingly invokes these arguments (pp. 137, 145), but he goes much further. Professor Tushnet contends that, on balance, constitutional judicial review is harmful. He …

Foreword: The Question Of Process, J. Harvie Wilkinson Iii

Michigan Law Review

Many in the legal profession have abandoned the great questions of legal process. This is too bad. How a decision is reached can be as important as what the decision is. In an increasingly diverse country with many competing visions of the good, it is critical for law to aspire to agreement on process - a task both more achievable than agreement on substance and more suited to our profession than waving the banners of ideological truth. By process, I mean the institutional routes by which we in America reach our most crucial decisions. In other words, process is our …

Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo

Michigan Law Review

William H. Rehnquist is not going to be Chief Justice forever - much to the chagrin of Republicans, no doubt. In the last century, Supreme Court Justices have retired, on average, at the age of seventy-one after approximately fourteen years on the bench. By the end of the term of the President we elect this November, Chief Justice Rehnquist will have served on the Supreme Court for thirty-two years and reached the age of eighty. The law of averages suggests that Chief Justice Rehnquist is likely to retire in the next presidential term. In addition to replacing Chief Justice Rehnquist, …

How Federal Circuit Judges Vote In Patent Validity Cases, John R. Allison, Mark A. Lemley

Florida State University Law Review

No abstract provided.

Removing A "Section 96" Judge: An Historical Case Study, Barry Cahill

Dalhousie Law Journal

The creation of the Canadian Judicial Council in 1971 and the gradual disappearance of county and district court judges into the superior court judiciary filled a lacuna in the Constitution Act, 1867. The tenure of county court judges was less secure than that of superior court judges, which was constitutionally entrenched and protected. The Judges Act, passed originally to provide for the removal of county court judges, articulated a mechanism which was extended to superior court judges at about the same time as county and district courts were beginning to disappear from the Canadian judicial scene. The lack of such …

Juristic Giants: A Georgia Study In Reputation, R. Perry Sentell Jr.

Scholarly Works

In 1990, Judge Richard Posner published CARDOZO: A STUDY IN REPUTATION. A deceptively small volume (only 156 pages), the book purported to delineate and dissect the facets of circumstance, achievement, and character accounting for Benjamin Cardozo's reputation for "greatness." Treating such indicia (both tangible and intangible) as Cardozo's "person," "philosophy," "technique," and "contributions," Posner also sought a handle for "measuring the magnitude" of reputation itself. He hit, of course, upon the modern mechanical mainstay of computerization: a finger-tip presentation of the frequency with which Cardozo's name appears in other judicial opinions.

Notre Dame Lawyer - Spring 2000, Notre Dame Law School

Notre Dame Lawyer

A. Leon Higginbotham Jr.: Who Will Carry The Baton?, F. Michael Higginbotham, José F. Anderson

All Faculty Scholarship

It was a rainy November day during Thanksgiving weekend of 1997. The scene was the Washington, D.C., childhood home of Dr. Evelyn Brooks Higginbotham, A. Leon Higginbotham Jr.'s beloved wife. Our assignment was to assist in the removal, packing, and transport of a few prized family heirlooms that were to be taken to their home in Newton, Massachusetts.

On the early morning drive into Washington, D.C., our conversation was mostly idle chit-chat. Little did we know that the circumstances of the day would lead to an amazing set of discussions, the importance of which we could never have imagined at …

Hacia Una Argentina Digital, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

"... En opinión de muchos especialistas respetados en el mundo, la Argentina no tiene futuro si no exporta. Pero exportar en este nuevo siglo no es lo mismo que hacerlo hacia el 1900: los precios de los productos primarios argentinos cayeron ocho veces en el siglo, lo que nos bajó del quinto puesto en el ránking de países al lugar número 50...".

Selecting Justice In State Courts: The Ballot Box Or The Backroom?, Judith Maute

Judith L. Maute

No abstract provided.

Playing On Words: Judge Richard A. Posner's Appellate Opinions, 1981-82--Ruminations On Sexy Judicial Opinion Style During An Extraordinary Rookie Season, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

The Role Of Appellate Judges In Intermediate Courts, J. Thomas Sullivan

The Journal of Appellate Practice and Process

The editor begins with commentary on the role of an appellate judge and then provides follow-up on previous articles dealing with New Mexico appellate mediation and also prosecutorial misconduct.

Appellate Advocacy As Adult Education, Christine Durham

The Journal of Appellate Practice and Process

Judges must learn enough about every case in order to make competent rulings. An attorney may be a more effective appellate advocate is they think of themselves as teachers to judges.

Conscience, Judging, And Conscientious Judging, Gene E. Franchini

The Journal of Appellate Practice and Process

Judging requires applying the law instead of personal morals, philosophy, or policy of the community. Doing so requires a respect for the separation of powers between branches of government. Justice Franchini of the New Mexico Supreme Court reflects on this challenge for judges through a personal anecdote.

Corrective Justice And The Revival Of Judicial Virtue, Mark C. Modak-Truran

Journal Articles

Judges must be wise. Sound judicial reasoning requires moral virtue. These sentiments about judging have been lost. They apparently belong to a bygone era. While many advocate self-restraint or prudence as judicial virtues, moral virtue has been conspicuously absent from the list. Except for avoiding obvious vices such as bribery, favoritism, prejudice, sloth, and arbitrariness, conventional wisdom maintains that being a good judge does not require being a good person. Even theorists sympathetic to a relationship between law and morality balk at making moral virtue a prerequisite of judicial decision making. Rather, many contend that judicial decision making is a …

Preliminary Thoughts On The Virtues Of Passive Dialogue, Michael Heise

Cornell Law Faculty Publications

The judicial, legislative, and executive branches interact in many ways. These interactions fuel a constitutional dialogue that serves as a backdrop to myriad governmental activities, both large and small. The judiciary's participation is necessary, desirable, and, as a practical matter, inevitable. In my article I analyze two competing models that bear on the normative question: What form should the judiciary's participation take?

Debates over the judiciary's appropriate role in the public constitutional dialogue have captured scholarly attention for decades. Recent attention has focused on a growing distinction between the active and passive models of judicial participation. My article approaches this …

The Politics Of Meaning: Law Dictionaries And The Liberal Tradition Of Interpretation, Gary L. Mcdowell

Law Faculty Publications

At least since John Cowell's Interpreter was adjudged by the Committee on Grievances of the House of Commons in 1610 to be "very unadvised, and undiscreet, tending to the disreputation of the honour and power of the common laws" have law dictionaries been objects of occasional controversy. Yet legal dictionaries, as well as dictionaries more generally, have remained a constant resource in American law for those seeking to give meaning to the words of both statutes and constitutional provisions. They have appeared in the pages of the reports since the beginning of the republic; a majority of the justices of …

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Touro Law Review

No abstract provided.

Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken

UIC Law Review

No abstract provided.