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Articles 1411 - 1440 of 1489
Full-Text Articles in Constitutional Law
The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle
The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
The Formulaic Constitution, Robert F. Nagel
The Formulaic Constitution, Robert F. Nagel
Publications
The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between the …
The Role Of History In Constitutional Interpretation: A Case Study, Gary J. Simson
The Role Of History In Constitutional Interpretation: A Case Study, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
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.
Rules And Standards, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Publications
No abstract provided.
Book Review, Pierre Schlag
Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell
Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell
Cardozo Law Review
No abstract provided.
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.
Is The Burger Court Really Like The Warren Court?, Paul Bender
Is The Burger Court Really Like The Warren Court?, Paul Bender
Michigan Law Review
A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi
Does Doctrine Matter?, Frederick Schauer
Does Doctrine Matter?, Frederick Schauer
Michigan Law Review
A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi
Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review
Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review
Michigan Law Review
A Review of Toward Increased Judicial Activism: The Political Role of the Supreme Court by Arthur Selwyn Miller
On Complaining About The Burger Court, Robert F. Nagel
On Complaining About The Burger Court, Robert F. Nagel
Publications
No abstract provided.
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
Publications
No abstract provided.
Memoranda From John Roberts To Fred Fielding Regarding Intercircuit Tribunal [1983], John G. Roberts
Memoranda From John Roberts To Fred Fielding Regarding Intercircuit Tribunal [1983], John G. Roberts
Historical and Topical Legal Documents
No abstract provided.
Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young
Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young
Faculty Scholarship
No abstract provided.
Article Iii Versus Bankruptcy Judges And Magistrates -- A Partial Triumph Of Principles Of Separation Of Powers Over The Pragmatism Of Docket Congestion, William Vandercreek
Article Iii Versus Bankruptcy Judges And Magistrates -- A Partial Triumph Of Principles Of Separation Of Powers Over The Pragmatism Of Docket Congestion, William Vandercreek
Florida State University Law Review
No abstract provided.
How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg
How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg
Articles
The article examines how authority figures use language and procedural structures to shape outcomes in both literary and legal contexts, highlighting the tension between formal legal processes and true justice. Through a comparative analysis of Herman Melville's Billy Budd, Sailor and the Supreme Court case Paul v. Davis, the article argues that "considerate communication"—a subtle form of manipulation—can distort reality and undermine fairness in adjudication. It critiques legal systems that prioritize formality over substance, emphasizing how narrative techniques and rhetorical strategies in both literature and law can mask subjective biases and influence decisions.
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 …
Justice O'Connor Replaces Justice Stewart: What Effect On Constitutional Cases?, Charles D. Kelso
Justice O'Connor Replaces Justice Stewart: What Effect On Constitutional Cases?, Charles D. Kelso
McGeorge School of Law Scholarly Articles
No abstract provided.
Minnesota Rag, Terry Clayton Paulson
Minnesota Rag, Terry Clayton Paulson
University of Arkansas at Little Rock Law Review
No abstract provided.
Jury Trial, Progress, And Democracy, 14 J. Marshall L. Rev. 679 (1981), Richard S. Kuhlman, George C. Pontikes, William J. Stevens
Jury Trial, Progress, And Democracy, 14 J. Marshall L. Rev. 679 (1981), Richard S. Kuhlman, George C. Pontikes, William J. Stevens
UIC Law Review
No abstract provided.
The Expanding Influence Of The Federal Magistrate, 14 J. Marshall L. Rev. 465 (1981), Thomas J. Platt
The Expanding Influence Of The Federal Magistrate, 14 J. Marshall L. Rev. 465 (1981), Thomas J. Platt
UIC Law Review
No abstract provided.
Democracy And Distrust: A Theory Of Judicial Review, Gerard E. Lynch
Democracy And Distrust: A Theory Of Judicial Review, Gerard E. Lynch
Faculty Scholarship
John Hart Ely's Democracy and Distrust is an ambitious attempt to create a new theory of judicial review, breaking away from both "interpretivism" and "noninterpretivism" – a division Professor Ely regards as a "false dichotomy" (p. vii). The book is brilliant and provocative, so much so that one fears less that its faults will be obscured – there is little danger that polemic critics will fail to pounce on them – than that the flash of Professor Ely's reasoning and the controversy it generates will distract us from the genuine importance of the insight that powers his analysis.
Log-Rolling And Judicial Review, Michael J. Waggoner
Log-Rolling And Judicial Review, Michael J. Waggoner
Publications
No abstract provided.
The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz
The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz
Indiana Law Journal
No abstract provided.
Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund
Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund
Cardozo Law Review
No abstract provided.
Perceptions Of Judicial Responsibility: The Views Of The Nine United States Supreme Court Justices As They Consider Claims In Fourteenth Amendment Noncriminal Cases: A Post-Bakke Evaluation, Arthur R. Landever
Law Faculty Articles and Essays
In this article, the author sketches each Justice by examining his expressed attitudes and silent concurrences in fourteenth amendment noncriminal cases, as well as his remarks in other, non-court settings. While judicial behavioralists have employed quantitative techniques focusing upon analysis of voting records, the author believes that use of the lawyer's traditional method--case and opinion examination-is more appropriate here. Each Justice's composite should tell us not only something about the individual Justice's views, but also something about the views of key blocs on the Court. By such an effort, we learn more about the range of the possible in urging …
The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford
The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford
Cornell Law Faculty Publications
The Massachusetts Supreme Court has recently ruled that decisions about withholding care from hopelessly ill, legally incapacitated patients must be made by judges. It clearly rejected the view that families and attending physicians should be empowered to make such decisions. In this respect, the ruling contrasts with that of the Quinlan case and highlights the issue of whether judges or physicians and families are better able to make medically and morally sound decisions respecting this class of patients.