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Full-Text Articles in Law

When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler Sep 2023

When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler

Faculty Articles

In When Machines Can Be Judge, Jury, and Executioner, former federal judge Katherine Forrest raises concerns over the pervasive use of artificial intelligence (AI) in the American justice system to produce risks and need assessments (RNA) regarding the probability of recidivism for citizens charged with a crime. Forrest’s argument centers on AI’s primary focus on utilitarian outcomes when assessing liberty for individual citizens. This approach leads Forrest to the conclusion that in its current form, AI is “ill-suited to the criminal justice context.” Forrest contends that AI should instead be programmed to focus on John Rawl’ 'concept of justice as …


The D'Oh! Of Popular Constiutitonalism, Neal Devins Sep 2019

The D'Oh! Of Popular Constiutitonalism, Neal Devins

Neal E. Devins

No abstract provided.


To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller Jul 2019

To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller

Russell A. Miller

Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book, …


Reclaiming A Great Judge's Legacy, Frank M. Coffin Apr 2018

Reclaiming A Great Judge's Legacy, Frank M. Coffin

Maine Law Review

In the legal profession a deep sigh of relief is heard over the land. After roughly two decades of incubation, the long-awaited biography of the great judge has arrived, Learned Hand: The Man and the Judge, by Stanford Law Professor Gerald Gunther. The book, in my opinion, is well worth the wait. Nearly 700 pages, plus a hundred more for footnotes, it nevertheless represents a heroic condensation of some 100,000 different items on file at Harvard Law School, including no fewer than 50,000 items of correspondence, 1,000 district court opinions, and nearly 3,000 circuit court opinions. The inventory alone requires …


On Appeal: Courts, Lawyering, And Judging, Richard L. O'Meara Apr 2018

On Appeal: Courts, Lawyering, And Judging, Richard L. O'Meara

Maine Law Review

If one were to ask the members of the Maine legal community to define the term “judicial temperament,” many would answer the question simply by referring to Frank Coffin. Judge Coffin's newest book, On Appeal: Courts, Lawyering, and Judging, illustrates why the Judge has earned such overwhelming respect. This highly personal work permits readers a glimpse “behind the scenes” at the judicial life of a man who has forged a highly successful career of public service marked by sensitive, fair, and well-reasoned decision-making and by good-humored, collegial relationships with all of his colleagues in the legal community and beyond.


On Appeal: Courts, Lawyering, And Judging, John P. Frank Apr 2018

On Appeal: Courts, Lawyering, And Judging, John P. Frank

Maine Law Review

Judge Coffin, a former Chief Justice of the United States Court of Appeals for the First Circuit, a former United States Congressman, a former Executive Department administrator, is -- despite those “formers” -- presently a very bright and engaging writer. This compact volume has worthwhile things to say on every aspect of appeals, briefing, argument, deciding the cases, and getting out the opinions. It crisply touches all the appeals phases in which we practitioners are interested.


Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture (Book Review), Edward A. Purcell Jr. Jan 2017

Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture (Book Review), Edward A. Purcell Jr.

Other Publications

No abstract provided.


To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller Jan 2016

To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller

Scholarly Articles

Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book, …


Truthiness And The Marble Palace, Chad M. Oldfather, Todd C. Peppers Jan 2016

Truthiness And The Marble Palace, Chad M. Oldfather, Todd C. Peppers

Scholarly Articles

Tucked inside the title page of David Lat’s Supreme Ambitions, just after a note giving credit for the cover design and before the copyright notice, sits a standard disclaimer of the sort that appears in all novels: “This is a work of fiction. Names, characters, places, and events either are the products of the author’s imagination or are used fictitiously. Any resemblance to actual persons, living or dead, events or locales is entirely coincidental.” These may be the most truly fictional words in the entire book. Its judicial characters are recognizable as versions of real judges, including, among others, …


Bernard S. Meyer Et Al., The History Of The New York Court Of Appeals, 1932-2003, Meredith R. Miller May 2014

Bernard S. Meyer Et Al., The History Of The New York Court Of Appeals, 1932-2003, Meredith R. Miller

Touro Law Review

No abstract provided.


Book Review: The Judicial Record Of Justice William O. Douglas, Duane Faw May 2013

Book Review: The Judicial Record Of Justice William O. Douglas, Duane Faw

Pepperdine Law Review

No abstract provided.


Book Reviews, David J. Agatstein Apr 2013

Book Reviews, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Book Review, Daniel Morrissey Feb 2013

Book Review, Daniel Morrissey

Pepperdine Law Review

No abstract provided.


A Modest Memoir: Justice Stevens’S Supreme Court Life, Laura K. Ray May 2012

A Modest Memoir: Justice Stevens’S Supreme Court Life, Laura K. Ray

Laura K. Ray

No abstract provided.


The Law Clerk Proxy Wars: Secrecy, Accountability, And Ideology In The Supreme Court, Carolyn Shapiro Dec 2009

The Law Clerk Proxy Wars: Secrecy, Accountability, And Ideology In The Supreme Court, Carolyn Shapiro

All Faculty Scholarship

This piece provides an in-depth review and analysis of two recent books about Supreme Court law clerks, Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk, by Todd C. Peppers, and Sorcerers’ Apprentices: 100 Years of Law Clerks at the United States Supreme Court, by Artemus Ward and David L. Weiden. In addition, the essay addresses a question so obvious that it is rarely asked – why is there so much curiosity about Supreme Court law clerks in the first place? In the essay, I analyze a widespread concern – and one discussed in …


The D'Oh! Of Popular Constiutitonalism, Neal Devins Jan 2007

The D'Oh! Of Popular Constiutitonalism, Neal Devins

Faculty Publications

No abstract provided.


Book Review, Deborah Challener Jan 2006

Book Review, Deborah Challener

Journal Articles

COURTIERS OF THE MARBLE PALACE is a compelling, informative book. As much as anything, it is a tremendous informational source for anyone interested in the Supreme Court. It is evident that the author has thoroughly researched the topic and provided the reader with a factual view of the past and present responsibilities of a Supreme Court law clerk. Because Peppers relies on principal-agent theory to develop his hypotheses and used exhaustive research to prove them, the book also appears to be objective.


Aliens In Our Midst Post-9/11: Legislating Outsider-Ness Within The Borders, Sylvia R. Lazos, Raquel E. Aldana Jan 2005

Aliens In Our Midst Post-9/11: Legislating Outsider-Ness Within The Borders, Sylvia R. Lazos, Raquel E. Aldana

Scholarly Works

Three recent books written by Professors Bill Ong Hing, Kevin R. Johnson, and Victor C. Romero provide skillfully crafted roadmaps with which to understand the key emerging issues that will shape immigration law well into the next decade: the relationship of immigration control to national security. This Review captures the insights provided by these three authors to examine the restrictive laws and policies aimed at noncitizens in the name of national security as highlighted by the current efforts to federalize driver’s licenses. As this Review explains, these three books map the current antagonistic attitudes towards noncitizens post 9/11, and serve …


Book Review: The Business Of Judging, S. I. Strong Jul 2001

Book Review: The Business Of Judging, S. I. Strong

Faculty Publications

Lord Bingham of Cornhill is no stranger to the business of judging. Senior Lord of Appeal in Ordinary, former Lord Chief Justice of England, former Master of the Rolls, he has been sitting on the bench in one capacity or another for the last twenty years - twenty-five if one counts his tenure as a recorder. Although he began his career at the bar in 1959 as a commercial and civil lawyer, his appointment in 1996 as Lord Chief Justice placed him at the apex of the criminal justice system. In becoming senior Law Lord, Lord Bingham has expanded his …


Politics And Denial, Pierre Schlag Jan 2001

Politics And Denial, Pierre Schlag

Publications

No abstract provided.


Book Review —The Federal Courts: Challenge And Reform, Roger J. Miner '56 Jan 1997

Book Review —The Federal Courts: Challenge And Reform, Roger J. Miner '56

Book Reviews

No abstract provided.


Thoughts And Lives. Book Reviews Of Justice Oliver Wendell Holmes: Law And The Inner Self, By G. Edward White; And Learned Hand: The Man And The Judge, By Gerald Gunther, William P. Lapiana Jan 1994

Thoughts And Lives. Book Reviews Of Justice Oliver Wendell Holmes: Law And The Inner Self, By G. Edward White; And Learned Hand: The Man And The Judge, By Gerald Gunther, William P. Lapiana

Other Publications

Oliver Wendell Holmes, Jr. and Learned Hand shared a number of characteristics. Both well-known judges, they had uncommonly long careers on the bench and in old age attained a remarkable degree of public prominence. It is not too much to say that the legal profession idolized them both, and certain of their opinions remain staples of law school teaching. Both men even looked the part: Holmes' dramatic moustache and Hand's bushy eyebrows lent credence to the adjective "distinguished." 1 Now they both are the subjects of monumental biographies.


Harlan Without Relish. Review Of John Marshall Harlan: Great Dissenter Of The Warren Court, By Tinsley E. Yarbrough, Jethro K. Lieberman Jan 1991

Harlan Without Relish. Review Of John Marshall Harlan: Great Dissenter Of The Warren Court, By Tinsley E. Yarbrough, Jethro K. Lieberman

Other Publications

No abstract provided.


Review Of "Honorable Justice: The Life Of Oliver Wendell Holmes" By S. Novick, James J. Fishman Jan 1990

Review Of "Honorable Justice: The Life Of Oliver Wendell Holmes" By S. Novick, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Book Review, Richard B. Collins Jan 1990

Book Review, Richard B. Collins

Publications

No abstract provided.


Review Of Judging Credentials: Nonlawyer Judges And The Politics Of Professionalism By Doris Marie Provine, William T. Gallagher Jan 1988

Review Of Judging Credentials: Nonlawyer Judges And The Politics Of Professionalism By Doris Marie Provine, William T. Gallagher

Publications

Doris Marie Provine's Judging Credentials is a provocative work that draws on and furthers the critical approach to the study of professions. The book is a study of judges in lower courts of limited jurisdiction who are not lawyers, a group of considerable size. There are over 13,000 of them in the United States. In this work Provine examines the legal profession's assertion that these judges are inferior to judges who are lawyers. Contrary to both professional claims and popular belief, Provine argues that lay judges in America's lower courts perform as well as their lawyer counterparts. Her conclusions derive …


Teaching Tolerance, Robert F. Nagel Jan 1987

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.


Freedom Of Speech As Therapy, Pierre Schlag Jan 1986

Freedom Of Speech As Therapy, Pierre Schlag

Publications

No abstract provided.


Crises? What Crisis?, Jack M. Beermann Jan 1986

Crises? What Crisis?, Jack M. Beermann

Faculty Scholarship

Bureaucracy is a favorite target for criticism from the left and the right. Bureaucratization of an organization is claimed to cause excessive reliance upon rigid rules or the absence of rules altogether.' Few people want to be part of a large bureaucracy and fewer still want to depend on a bureaucracy for important benefits or policymaking. In recent years, the business of the federal judiciary has increased dramatically. Congress has attempted to meet the rising caseload by increasing the number of federal judges and assistants. As the federal court system becomes more and more like administrative bureaucracies, the question has …


Book Review, Pierre Schlag Jan 1985

Book Review, Pierre Schlag

Publications

No abstract provided.