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Articles 391 - 420 of 441
Full-Text Articles in Law
Memorandum Concerning Robert Bork [1987], Anonymous
Memorandum Concerning Robert Bork [1987], Anonymous
Historical and Topical Legal Documents
No abstract provided.
Memorandum Regarding Judicial Philosophy Of Robert Bork [1987], Anonymous
Memorandum Regarding Judicial Philosophy Of Robert Bork [1987], Anonymous
Historical and Topical Legal Documents
No abstract provided.
Letter From Peter J. Wallison To President Reagan Regarding Questions To Ask Rehnquist And Scalia [1986], Peter J. Wallison
Letter From Peter J. Wallison To President Reagan Regarding Questions To Ask Rehnquist And Scalia [1986], Peter J. Wallison
Historical and Topical Legal Documents
No abstract provided.
Memo From Peter J. Wallison To President Reagan Regarding Rehnquist And Scalia [1986], Peter J. Wallison
Memo From Peter J. Wallison To President Reagan Regarding Rehnquist And Scalia [1986], Peter J. Wallison
Historical and Topical Legal Documents
No abstract provided.
Raul Memorandum Regarding Antonin Scalia, Alan Charles Raul
Raul Memorandum Regarding Antonin Scalia, Alan Charles Raul
Historical and Topical Legal Documents
No abstract provided.
The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly
The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly
Touro Law Review
No abstract provided.
Biographical Information Regarding Anthony Kennedy From White House Supreme Court Nominee Binder, Anonymous
Biographical Information Regarding Anthony Kennedy From White House Supreme Court Nominee Binder, Anonymous
Historical and Topical Legal Documents
No abstract provided.
Memorandum Regarding Robert Bork As A Possible Supreme Court Nominee [1986], Anonymous
Memorandum Regarding Robert Bork As A Possible Supreme Court Nominee [1986], Anonymous
Historical and Topical Legal Documents
No abstract provided.
Comment On Professor Van Alstyne's Paper, Henry P. Monaghan
Comment On Professor Van Alstyne's Paper, Henry P. Monaghan
Faculty Scholarship
My major difficulty with Professor Van Alstyne's paper is its incomplete character. In the end, he makes only two points: first, judges are authorized to apply "this Constitution," not to do justice; and second, judges should not lie about what they are doing. The danger is that after a while the first point sounds somewhat empty, while the actual content of the second point seems entirely parasitic on the first.
Buchanan Letter Regarding Supreme Court July 1985, Patrick J. Buchanan
Buchanan Letter Regarding Supreme Court July 1985, Patrick J. Buchanan
Historical and Topical Legal Documents
No abstract provided.
Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results
Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results
Touro Law Review
No abstract provided.
The Supreme Court And The Constitution: The Continuing Debate On Judicial Review, Donald P. Kommers
The Supreme Court And The Constitution: The Continuing Debate On Judicial Review, Donald P. Kommers
Journal Articles
The three books reviewed in this essay are recent contributions to the growing literature of constitutional theory (Michael J. Perry, The Constitution, the Courts, and Human Rights (New Ha- ven: Yale University Press, 1982); Sotirios A. Barber, On What the Constitution Means (Baltimore and London: The Johns Hopkins University Press, 1984); and John Agresto, The Supreme Court and Constitutional Democracy (Ithaca: Cornell University Press, 1984). They explore important questions about the role of the Supreme Court and the meaning of the Constitution.
The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav
The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav
Faculty Scholarship
No abstract provided.
Justice Rehnquist, Statutory Interpretation, The Policies Of Clear Statement, And Federal Jurisdiction, William V. Luneburg
Justice Rehnquist, Statutory Interpretation, The Policies Of Clear Statement, And Federal Jurisdiction, William V. Luneburg
Indiana Law Journal
No abstract provided.
Error Correction, Lawmaking, And The Supreme Court’S Exercise Of Discretionary Review, Arthur D. Hellman
Error Correction, Lawmaking, And The Supreme Court’S Exercise Of Discretionary Review, Arthur D. Hellman
Articles
Controversies involving the United States Supreme Court generally center on the content of Court’s decisions, but in recent years, much attention has focused on the Court’s processes – in particular, two very different aspects of the Court’s modes of doing business. At one end of the spectrum, the number of cases receiving plenary consideration – full briefing, oral argument, and (almost invariably) a signed opinion – has shrunk to levels lower than any since the Civil War. At the other end, the Court has effectively resolved many high-profile disputes through unexplained orders granting or denying emergency relief in cases in …
Book Review: Earl Warren: A Public Life, By G. Edward White, Edward A. Purcell Jr.
Book Review: Earl Warren: A Public Life, By G. Edward White, Edward A. Purcell Jr.
Other Publications
No abstract provided.
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Faculty Scholarship
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …
Memorandum Regarding Selection Of Sandra Day O'Connor As Supreme Court Nominee, William French Smith
Memorandum Regarding Selection Of Sandra Day O'Connor As Supreme Court Nominee, William French Smith
Historical and Topical Legal Documents
No abstract provided.
Short List Of Candidates For Supreme Court [1981], Anonymous
Short List Of Candidates For Supreme Court [1981], Anonymous
Historical and Topical Legal Documents
No abstract provided.
Memoranda, Etc., For/By Justice Harry Blackmun Re: Smith V. Maryland, Harry Blackmun
Memoranda, Etc., For/By Justice Harry Blackmun Re: Smith V. Maryland, Harry Blackmun
Historical and Topical Legal Documents
No abstract provided.
The Business Of The Supreme Court Under The Judiciary Act Of 1925: The Plenary Docket In The 1970'S, Arthur D. Hellman
The Business Of The Supreme Court Under The Judiciary Act Of 1925: The Plenary Docket In The 1970'S, Arthur D. Hellman
Articles
During the last decade, the Supreme Court has been deciding 65 to 70 cases a Term after oral argument. That represents a sharp decline from the 1970s and 1980s, the era of the Burger Court, when the Court was deciding about 150 cases a Term. The Burger Court’s docket, in turn, reflected a shift from the 1960s, when the docket was smaller. In short, what is “normal” for the plenary docket varies from one era to another. The period of the Burger Court retains a special interest in that regard because that was the only period after World War II …
William 0. Douglas: An Appreciation, Abe Fortas
William 0. Douglas: An Appreciation, Abe Fortas
Indiana Law Journal
No abstract provided.
Mr. Justice Douglas, Robert A. Sprecher
Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson
Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson
Indiana Law Journal
No abstract provided.
Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson
Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson
Scholarly Publications
No abstract provided.
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
Scholarly Publications
The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Faculty Scholarship
IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …
Memorandum From William O. Douglas To Law Clerks Regarding Death Penalty [1971], William O. Douglas
Memorandum From William O. Douglas To Law Clerks Regarding Death Penalty [1971], William O. Douglas
Historical and Topical Legal Documents
No abstract provided.
The Haynsworth Affair Reconsidered: The Significance Of Conflicting Perceptions Of The Judicial Role, Edward N. Beiser
The Haynsworth Affair Reconsidered: The Significance Of Conflicting Perceptions Of The Judicial Role, Edward N. Beiser
Vanderbilt Law Review
Between 1900 and 1968, the Senate had refused to confirm an appointee to the Supreme Court on only one occasion. Then, within a two year period, the Senate twice refused to confirm an appointment: Associate Justice Abe Fortas, nominated as Chief Justice in 1968, was never acted upon because of a Senate filibuster,and his name was withdrawn; and Judge Clement Haynsworth, whose nomination provoked a great deal of debate and controversy, was ultimately rejected by the Senate by a vote of 55 to 45. These two incidents marked a distinct change from the traditional custom of Senatorial acquiescence to Presidential …
Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar
Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar
Faculty Scholarship
Foreword to Harvard Law Review review of Supreme Court 1969 Term