Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Judges (16)
- Courts (7)
- Constitutional Law (5)
- Judge Lazer (5)
- Lazer (5)
-
- Leon D. Lazer (5)
- Leon Lazer (5)
- Jeffrey Morris (4)
- Law and Society (4)
- Morris (4)
- Public Law and Legal Theory (4)
- Civil rights (3)
- Court (3)
- Emprego (3)
- Felicidade (3)
- Health Law and Policy (3)
- Legislação laboral (3)
- Politics (3)
- Practice and Procedure (3)
- Property, Administrative, and Natural Resources & Environmental Law (3)
- Sociologia (3)
- Supreme Court (3)
- Trabalho (3)
- Tribute (3)
- Activism (2)
- Administrative law (2)
- Brooklyn (2)
- Cases (2)
- Civil Rights (2)
- Clarence Thomas (2)
- Publication
-
- Jeffrey B. Morris (6)
- Paulo Ferreira da Cunha (6)
- Allen E Shoenberger (3)
- Anil Kalhan (3)
- Charles H. Baron (3)
-
- Donald J. Kochan (3)
- Luke Bierman (3)
- Carolyn Shapiro (2)
- Elizabeth Chamblee Burch (2)
- Stephen F. Smith (2)
- Alan E Garfield (1)
- Allen Mendenhall (1)
- Barry Cushman (1)
- Bertrall L Ross (1)
- Brian C. Murchison (1)
- Eileen Kaufman (1)
- Fernando Muñoz (1)
- Gregory P. Magarian (1)
- Hon. Gerald Lebovits (1)
- Howard Glickstein (1)
- John Copeland Nagle (1)
- John H. Robinson (1)
- Juan Carlos Riofrío Martínez-Villalba (1)
- Lee-ford Tritt (1)
- Margaret E Johnson (1)
- Mark Graber (1)
- Mark H. Grunewald (1)
- Mark P. McKenna (1)
- Michael Blumm (1)
- Nicole Stelle Garnett (1)
- File Type
Articles 1 - 30 of 70
Full-Text Articles in Law
Beyond Judicial Populism, Anil Kalhan
Justices Could Do Well To Heed A Father’S Example, Alan E. Garfield
Justices Could Do Well To Heed A Father’S Example, Alan E. Garfield
Alan E Garfield
No abstract provided.
Q&A: “The Sc Has Treated Judicial Independence As A Static Concept”, Anil Kalhan
Q&A: “The Sc Has Treated Judicial Independence As A Static Concept”, Anil Kalhan
Anil Kalhan
No abstract provided.
Memorial Tribute To Roger J. Kiley, Thomas L. Shaffer
Memorial Tribute To Roger J. Kiley, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Clarence X?: The Black Nationalist Behind Justice Thomas's Constitutionalism, Stephen F. Smith
Clarence X?: The Black Nationalist Behind Justice Thomas's Constitutionalism, Stephen F. Smith
Stephen F. Smith
No abstract provided.
Taking Lessons From The Left?: Judicial Activism On The Right, Stephen F. Smith
Taking Lessons From The Left?: Judicial Activism On The Right, Stephen F. Smith
Stephen F. Smith
No abstract provided.
The Compromise Of '38 And The Federal Courts Today, John H. Robinson
The Compromise Of '38 And The Federal Courts Today, John H. Robinson
John H. Robinson
No abstract provided.
More Dialogue Over Law School Cost And Curriculum, Mark Mckenna, Geoffrey Bennett
More Dialogue Over Law School Cost And Curriculum, Mark Mckenna, Geoffrey Bennett
Mark P. McKenna
Mark McKenna and Geoffrey Bennett were quoted in The Indiana Lawyer article More dialogue over law school cost and curriculum about Retired Indiana Supreme Court Chief Justice Randall Shepard’s Clynes Chair Lecture by Marilyn Odendahl. “So you’re trying to take students who have learned a subject matter and then put them in a practice environment where they have to make use of that. Both reinforce what they learned in the classroom, but then it also helps them understand the context that you can’t necessarily get from the pages of a book,” McKenna said. “If (states adequately funded their schools), that …
Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison
Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison
Brian C. Murchison
None available.
Clerking For Scrooge, Barry Cushman
Clerking For Scrooge, Barry Cushman
Barry Cushman
During the Supreme Court’s memorable October,1936 term, a young man named John Knox clerked for Justice James Clark McReynolds. Knox kept a diary during the term, and between 1952 and 1963 converted the diary into a 978-page memoir. Yet his own efforts to publish the memoir came to naught. In 1978 he deposited all or a portion of the manuscript at a series of libraries. But there it languished until rescued from obscurity by David Garrow and Dennis Hutchinson, who in 2002 published an edition of the manuscript with the University of Chicago Press. This essay reviews Knox’s remarkable memoir …
Choosing The Judges Who Choose The President, John C. Nagle
Choosing The Judges Who Choose The President, John C. Nagle
John Copeland Nagle
No abstract provided.
"But For The Grace Of God There Go I": Justice Thomas And The Little Guy, Nicole Stelle Garnett
"But For The Grace Of God There Go I": Justice Thomas And The Little Guy, Nicole Stelle Garnett
Nicole Stelle Garnett
This Essay, prepared for a NYU Journal of Law and Liberty symposium on “The Unknown Justice Thomas,” challenges the oft-repeated criticism that Justice Clarence Thomas’s opinions reflect a lack of empathy for the less fortunate. The Essay argues that, on the contrary, Justice Thomas’s opinions are replete with expressions of concern for the “little guy,” which are frequently overlooked or misinterpreted. The Essay explores three themes reflecting this concern in Thomas’s opinions.
Courting Power, Anil Kalhan
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Brennan
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Brennan
Patrick McKinley Brennan
This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming 2012) (co-edited with H. Jefferson Powell and Jack Sammons), a volume of essays dedicated to exploring the work of Joseph Vining. The Introduction introduces Vining’s phenomenology of law and surveys the themes and topics developed by the volume’s eight authors: Joseph Vining, Judge John T. Noonan, Jr., Rev. John McCausland, H. Jefferson Powell, Jack Sammons, Steve Smith, James Boyd White, and Patrick Brennan.
A Tribute To Judge Lazer, Rena C. Seplowitz
Getting It Right, Eileen Kaufman
Leon Lazer: The Giant Among Us, Howard Glickstein
Leon Lazer: The Giant Among Us, Howard Glickstein
Howard Glickstein
No abstract provided.
Border Searches In The Age Of Terrorism, Robert M. Bloom
Border Searches In The Age Of Terrorism, Robert M. Bloom
Robert Bloom
This article will first explore the history of border searches. It will look to the reorganization of the border enforcement apparatus resulting from 9/11 as well as the intersection of the Fourth Amendment and border searches generally. Then, it will analyze the Supreme Court's last statement on border searches in the Flores-Montano27 decision, including what impact this decision has had on the lower courts. Finally, the article will focus on Fourth Amendment cases involving terrorism concerns after 9/11, as a means of drawing some conclusions about the effect the emerging emphasis on terrorism and national security concerns will likely have …
Faculty Colloquia, Spring 2010 Series, Royce Barondes, Kimberle Crenshaw, Chris Elmendorf, Michael Kang, Oliver Moreteau, Deborah Pearlstein, Richard Peltz, Nirej Sekhon, Stephanie Stern, Lee-Ford Tritt, Michael Zimmer
Faculty Colloquia, Spring 2010 Series, Royce Barondes, Kimberle Crenshaw, Chris Elmendorf, Michael Kang, Oliver Moreteau, Deborah Pearlstein, Richard Peltz, Nirej Sekhon, Stephanie Stern, Lee-Ford Tritt, Michael Zimmer
Lee-ford Tritt
Spring 2010 Presenters January 25: Royce Barondes (University of Missouri School of Law), ABA Ratings of Federal District Court Judges and the Likelihood of a Shepard’s Warning Signal February 1: Stephanie Stern (Loyola University Chicago School of Law), The Inviolable Home: From Iconic Property to Relational Privacy in the Fourth Amendment February 8: Michael Kang (Emory University School of Law), Sore Loser Laws February 15: Oliver Moreteau (LSU Paul M. Hebert Law Center), The Future of Civil Codes in Europe February 22: Deborah Pearlstein (Princeton University Woodrow Wilson School for Public and International Affairs), After Deference: Formal Approaches to Interpretation …
Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron
Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron
Charles H. Baron
In some situations, courts may be better sources of new law than legislatures. Some support for this proposition is provided by the performance of American courts in the development of law regarding the “right to die.” When confronted with the problems presented by mid-Twentieth Century technological advances in prolonging human life, American legislators were slow to act. It was the state common law courts, beginning with Quinlan in 1976, that took primary responsibility for gradually crafting new legal principles that excepted withdrawal of life-prolonging treatment from the application of general laws dealing with homicide and suicide. These courts, like the …
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron
Charles H. Baron
In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …
Roscoe Pound Round-Table Discussion, Judith Resnik, Leroy Rountree Hassell Sr., Margaret H. Marshall, Clifford W. Taylor, Lucy A. Dalglish, Luke Bierman, Mark S. Curriden
Roscoe Pound Round-Table Discussion, Judith Resnik, Leroy Rountree Hassell Sr., Margaret H. Marshall, Clifford W. Taylor, Lucy A. Dalglish, Luke Bierman, Mark S. Curriden
Luke Bierman
Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.
Beyond Merit Selection, Luke Bierman
Beyond Merit Selection, Luke Bierman
Luke Bierman
This Article reviews some of the factors that have diminished the appeal of merit selection for judges. It examines why merit selection has never been an entirely successful answer for reformers looking for nonpartisan solutions. It advocates addressing other aspects of the judicial office to promote judicial independence. It concludes by suggesting that there be an educational credential for becoming a judge. Such a solution, it is argued, would offer legitimacy to judicial aspirants and would provide independent, accountable, impartial, and well-trained judges regardless of selection method.
Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman
Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman
Luke Bierman
This article gives an anecdotal account of the authors attempt to apply for a position as a State Court Judge that he saw posted in the newspaper. The article uses the job posting concept as a starting point to argue that the system of judicial appointment in New York needs to be reworked and there needs to be new and creative solutions brought into the discussion.
Antimonopoly And The Radical Lochean Origins Of Western Water Law, Michael Blumm
Antimonopoly And The Radical Lochean Origins Of Western Water Law, Michael Blumm
Michael Blumm
This review of David Schorr's book, The Colorado Doctrine: Water Rights, Corporations, and Distributive Justice on the American Frontier, maintains that the book is a therapeutic corrective to the standard history of the origins of western water law as celebration of economic efficiency and wealth maximization. Schorr's account convincingly contends that the roots of prior appropriation water law--the "Colorado Doctrine"--lie in distributional justice concerns, not in the supposed efficiency advantages of private property over common property. The goals of the founders of the Colorado doctrine, according to Schorr, were to advance Radical Lochean principles such as widespread distibution of water …
The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry
The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry
Todd A. Curry
The study of state courts of last resort is a field which has, up until recently, been significantly underrepresented in political science (Baum 1987, Dubois 1980). The bulk of work in judicial politics over the last fifty years has focused on the federal system. Furthermore, the study of state courts allows for a true comparative analysis. The methods of selection used for the staffing of state courts of last resort are highly varied. There are five distinctly different methods which are used for judicial selection in the states, and many states have institutional nuances that provide further variation for study. …
To Administer Justice On Behalf Of All The People: The United States District Court For The Eastern District Of New York 1965-1990, Jeffrey Morris
To Administer Justice On Behalf Of All The People: The United States District Court For The Eastern District Of New York 1965-1990, Jeffrey Morris
Jeffrey B. Morris
No abstract provided.
Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Jeffrey Morris
Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Jeffrey Morris
Jeffrey B. Morris
No abstract provided.
David Trager: Jurist, Jeffrey B. Morris