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Articles 31 - 60 of 109
Full-Text Articles in Law
Corte Suprema: Tiempo De Cambios, Horacio M. Lynch
Corte Suprema: Tiempo De Cambios, Horacio M. Lynch
Horacio M. LYNCH
Esta presentación resume el trabajo “CAMBIOS EN LA CORTE SUPREMA - NUEVO ENFOQUES DEL SIGLO XXI”, 2003, que a su vez actualiza las propuestas e investigaciones de FORES de “REFORMAS EN LA CORTE SUPREMA”, 1987 y “DIAGNÓSTICO DE LA JUSTICIA ARGENTINA”, 1988, dirigidas por Horacio M. Lynch, y su trabajo “EL RECURSO EXTRAORDINARIO POR ARBITRARIEDAD - UN DILEMA PARA LA NUEVA CORTE SUPREMA”, de 1990 (LL 1990-D-719).
Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson
Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson
Osgoode Hall Law Journal
Discusses the role of judges when cases of civil disobedience are brought before the court.
Congress And The Making Of The Second Rehnquist Court, Neal Devins
Congress And The Making Of The Second Rehnquist Court, Neal Devins
Faculty Publications
No abstract provided.
Rethinking Judicial Elections, Charles G. Geyh
Rethinking Judicial Elections, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Thurgood Marshall—American Revolutionary, Juan Williams
Thurgood Marshall—American Revolutionary, Juan Williams
University of Arkansas at Little Rock Law Review
No abstract provided.
A Six-Three Rule: Reviving Consensus And Deference On The Supreme Court, Jed Handelsman Shugerman
A Six-Three Rule: Reviving Consensus And Deference On The Supreme Court, Jed Handelsman Shugerman
Faculty Scholarship
Over the past three decades, the Supreme Court has struck down federal statutes by a bare majority with unprecedented frequency. This Article shows that five-four decisions regularly overturning acts of Congress are a relatively recent phenomenon, whereas earlier Courts generally exercised judicial review by supermajority voting.
One option is to establish the following rule: The Supreme Court may not declare an act of Congress unconstitutional without a two-thirds majority. The Supreme Court itself could establish this rule internally, just as it has created its nonmajority rules for granting certiorari and holds, or one Justice who would otherwise be the fifth …
What Gets Judges In Trouble, Richard H. Underwood
What Gets Judges In Trouble, Richard H. Underwood
Law Faculty Scholarly Articles
I wrote this article to collect some cautionary material about “what gets judges in trouble.” I wanted something I could offer to our state judges, practitioners, and my legal ethics students. While I have never been a judge, and while I have never worked for a judicial conduct organization, I have been a law professor for almost twenty-five years and the chairman of a state bar association ethics committee for fourteen. I am not the kind of person who would refrain from holding forth just because I may not know what I am talking about.
When I started out, I …
Remedying Judicial Foot-In-Mouth Disease: Nevada's Prohibitions Against Judicial Commentary On Evidence And The Rule Of Harmless Error, Andrew F. Dixon
Remedying Judicial Foot-In-Mouth Disease: Nevada's Prohibitions Against Judicial Commentary On Evidence And The Rule Of Harmless Error, Andrew F. Dixon
Nevada Law Journal
No abstract provided.
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Michigan Law Review
Cass Sunstein and Adrian Vermeule argue in Interpretation and lnstitutions that judicial interpretation of statutes and constitutions should take account both of the institutional framework within which interpretation takes place and of the consequences of different styles of interpretation; they further argue that this point has been neglected by previous scholars. The first half of the thesis is correct but obvious; the second half, which the authors state in terms emphatic to the point of being immodest, is incorrect. Moreover, the authors offer no feasible suggestions for how the relation between interpretation and the institutional framework might be studied better …
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Michigan Law Review
Suppose that a statute, enacted several decades ago, bans the introduction of any color additive in food if that additive "causes cancer" in human beings or animals. Suppose that new technologies, able to detect low-level carcinogens, have shown that many potential additives cause cancer, even though the statistical risk is often tiny - akin to the risk of eating two peanuts with governmentally-permitted levels of aflatoxins. Suppose, finally, that a company seeks to introduce a certain color additive into food, acknowledging that the additive causes cancer, but urging that the risk is infinitesimal, and that if the statutory barrier were …
Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrien Vermeule
Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrien Vermeule
Michigan Law Review
In law, problems of interpretation can be explored at different levels of generality. At the most specific level, people might urge that the Equal Protection Clause forbids affirmative action, or that the Food and Drug Act applies to tobacco products. At a higher level of generality, people might argue that the Equal Protection Clause should be interpreted in accordance with the original understanding of its ratifiers, or that the meaning of the Food and Drug Act should be settled with careful attention to its legislative history. At a still higher level of generality, people might identify the considerations that bear …
Eulogy: Dr. Theodore L. Biddle, Roger J. Miner '56
Eulogy: Dr. Theodore L. Biddle, Roger J. Miner '56
Memorials and Eulogies
No abstract provided.
Testimonial Dinner: George And Joanne Dixon, Roger J. Miner '56
Testimonial Dinner: George And Joanne Dixon, Roger J. Miner '56
Tributes & Testimonials
No abstract provided.
Remarks, Unveiling Of The Portrait Of Judge Roger J. Miner '56, Roger J. Miner '56
Remarks, Unveiling Of The Portrait Of Judge Roger J. Miner '56, Roger J. Miner '56
New York Law School Events and Publications
No abstract provided.
Judge Henry Woods: A Reminiscence, Richard S. Arnold
Judge Henry Woods: A Reminiscence, Richard S. Arnold
University of Arkansas at Little Rock Law Review
No abstract provided.
Henry Woods: A Great Lawyer, Judge, And Friend, Sid Mcmath
Henry Woods: A Great Lawyer, Judge, And Friend, Sid Mcmath
University of Arkansas at Little Rock Law Review
No abstract provided.
Tribute To The Honorable Henry Woods, Bill Wilson
Tribute To The Honorable Henry Woods, Bill Wilson
University of Arkansas at Little Rock Law Review
No abstract provided.
A Tribute To Judge Henry Woods, Beth Deere
A Tribute To Judge Henry Woods, Beth Deere
University of Arkansas at Little Rock Law Review
No abstract provided.
Henry Woods: Founding Father, Robert K. Walsh
Henry Woods: Founding Father, Robert K. Walsh
University of Arkansas at Little Rock Law Review
No abstract provided.
Avoid Bald Men And People With Green Socks? Other Ways To Improve The Voir Dire Process In Jury Selection, Valerie P. Hans, Alayna Jehle
Avoid Bald Men And People With Green Socks? Other Ways To Improve The Voir Dire Process In Jury Selection, Valerie P. Hans, Alayna Jehle
Cornell Law Faculty Publications
During jury selection, many courts adopt a minimal approach to voir dire questions, asking a small number of close-ended questions to groups of prospective jurors and requiring prospective jurors to volunteer their biases. This Article describes research evidence showing that limited voir dire questioning is often ineffective in detecting juror bias. To improve the effectiveness of voir dire, the authors make four recommendations: (1) increase the use of juror questionnaires; (2) incorporate some open-ended questions; (3) expand the types of questions that are asked; and (4) allow attorneys to participate in voir dire.
Designing Judicial Review: A Comment On Schauer, Emily Sherwin
Designing Judicial Review: A Comment On Schauer, Emily Sherwin
Cornell Law Faculty Publications
In his characteristically lucid paper, Neutrality and Judicial Review, Frederick Schauer revisits the meaning and plausibility of Herbert Wechsler’s argument for neutral principles in constitutional adjudication. Unlike some critics, Schauer takes the argument seriously, on its own terms, and does an excellent job of sorting through the different ideas that lie behind it. Schauer identifies four different versions of the argument for neutrality. At least three of these are drawn from Wechsler’s 1959 article. Schauer is particularly interested in a fourth version, which favors neutrality in the design and management of the institution of judicial review.
Voting And Electoral Politics In The Wisconsin Supreme Court, Jason J. Czarnezki
Voting And Electoral Politics In The Wisconsin Supreme Court, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This Article examines criminal cases decided by the Wisconsin Supreme Court over a fifteen-year period in an effort to discern whether judicial elections undercut judicial independence by affecting the ways justices vote. Wisconsin was chosen for this study because the state's mix of appointed and elected judges allows a researcher to control for different judicial selection systems. Specifically, this Article questions whether voting patterns may be affected by a justice's proximity to judicial elections, election margins, and whether a justice was appointed or elected in the initial term, since the governor may appoint a justice to fill a vacancy on …
Panorama De Los Rr.Hh. De La Corte, Horacio M. Lynch, María Clara Pujol
Panorama De Los Rr.Hh. De La Corte, Horacio M. Lynch, María Clara Pujol
Horacio M. LYNCH
No abstract provided.
La Corte Suprema Y Las Mini Cortes, Horacio M. Lynch, María Clara Pujol
La Corte Suprema Y Las Mini Cortes, Horacio M. Lynch, María Clara Pujol
Horacio M. LYNCH
No abstract provided.
Cambios En La Corte Suprema: Enfoques Del Siglo Xxi, Horacio M. Lynch
Cambios En La Corte Suprema: Enfoques Del Siglo Xxi, Horacio M. Lynch
Horacio M. LYNCH
"... Inmersos en la crisis económica, política e institucional más grande de la Argentina y en momentos en que enfrenta un cambio de gobierno, parece oportuno reflexionar sobre la Corte Suprema de la Nación Argentina por las cruciales funciones que debe cumplir en la reconstrucción del país y que padece, además de delicados problemas institucionales, problemas funcionales que afectan tan profundamente su misión que ni aún con los mejores jueces podría cumplirla cabalmente..."
Judicial Elections, Campaign Financing, And Free Speech, Ronald D. Rotunda
Judicial Elections, Campaign Financing, And Free Speech, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
Foreword, Sam Hanson
Foreword, Sam Hanson
William Mitchell Law Review
Introduction to issue of Recent Decisions of the Minnesota Supreme Court (from 2002-03 term).
Edmund Pendleton, William Hamilton Bryson
Edmund Pendleton, William Hamilton Bryson
Law Faculty Publications
Judge Edmund Pendleton, was the head of the Virginia judiciary from its professionalization upon independence from Great Britain until his death. It was in his court and under his eye that John Marshall, Bushrod Washington, St. George Tucker, Spencer Roane, and the other lawyers of the first period of republican Virginia refined their legal skills. His steady example influenced in one way or another a remarkable generation of lawyers and judges.
Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr.
Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr.
NYLS Law Review
No abstract provided.