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Full-Text Articles in Law

Ceremonial Swearing-In Of Congresswoman-Elect Kirsten E. Gillibrand, Roger J. Miner '56 Jan 2006

Ceremonial Swearing-In Of Congresswoman-Elect Kirsten E. Gillibrand, Roger J. Miner '56

Judges

No abstract provided.


The Last Civilian Court—Martial And Its Aftermath, Roger J. Miner '56 Jan 2006

The Last Civilian Court—Martial And Its Aftermath, Roger J. Miner '56

Military Law

Judge Miner here describes his defense of a person he believes to be

the last civilian tried by court martial. The trial was conducted in

Korea in 1958 during Judge Miner's service as an officer in the

Judge Advocate General's Corps of the United States Army.

Although a challenge to the jurisdiction of the court martial was

rejected and the civilian defendant convicted of violating a currency

regulation, the conviction was set aside for another reason urged at

trial-the inadvertent repeal of the at-issue regulation. The Article

also includes a review of legal developments that occurred in the

aftermath of …


Tribute To Justice Antonin Scalia, Nadine Strossen Jan 2006

Tribute To Justice Antonin Scalia, Nadine Strossen

Articles & Chapters

No abstract provided.


Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman Jan 2006

Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman

NYLS Law Review

No abstract provided.


The South African Judicial Appointments Process, Penelope Andrews Jan 2006

The South African Judicial Appointments Process, Penelope Andrews

Articles & Chapters

Consideration of racial and gender diversity, and to a lesser extent disability and sexual orientation diversity, has propelled the transformation of the judiciary in South Africa. This consideration is underpinned by both the stated and unstated assumption that a majority white judiciary cannot adequately and fairly serve and deliver justice to a majority black population. The very legitimacy of the judiciary, and indeed the project of constitutional democracy, is contingent on a bench that reflects the racial and gender diversity of the society. Moreover, with equality as the primary principle in the "Bill of Rights," the judiciary has to accommodate …