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Articles 2791 - 2820 of 3112

Full-Text Articles in Courts

The Tensions Of A Dual Court System And Some Prescriptions For Relief, Roger J. Miner '56 Jan 1987

The Tensions Of A Dual Court System And Some Prescriptions For Relief, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


A Government By Judges: An Historical Re-View, Michael Henry Davis Jan 1987

A Government By Judges: An Historical Re-View, Michael Henry Davis

Law Faculty Articles and Essays

In 1921, Edouard Lambert, a professor of law at Lyon specializing in comparative studies and founder of an Institute of Comparative Law there, published a book, Le Gouvernement des judges et la lutte contra la legislation sociale aux Etats-Unis, thus singlehandedly creating the phrase, a "government of judges", to denote a truly unconstrained system of judicial review which could not be limited even by constitutional amendment. The phrase quickly entered the parlance of French public law and even that of popular culture, deriving much of its force, no doubt, from the historical French aversion to a strong judiciary, eventually becoming …


Rehnquist, Recusal, And Reform, Jeffrey W. Stempel Jan 1987

Rehnquist, Recusal, And Reform, Jeffrey W. Stempel

Scholarly Works

In September 1986, the Senate confirmed William H. Rehnquist as Chief Justice of the United States by a vote of 66 to 33, an unusually close vote for a successful Supreme Court nominee. Although Justice Rehnquist’s elevation from Associate to Chief Justice engendered substantial criticism because of his judicial philosophy, past political activity, and possible views on race relations, the most serious threat to his nomination arose from his decision fifteen years earlier to sit and cast the deciding vote in a Supreme Court case in which many questioned both his impartiality and his candor. That Justice Rehnquist's role in …


Book Review, Thomas D. Rowe Jr. Jan 1987

Book Review, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Apartheid And The South African Judiciary, Lawrence G. Baxter Jan 1987

Apartheid And The South African Judiciary, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


December 1986 Correspondence Re: Opening Of New Lobby Exhibit: The First 100 Years-(1789-1889); The United States Attorneys For The Southern District Of New York, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Dec 1986

December 1986 Correspondence Re: Opening Of New Lobby Exhibit: The First 100 Years-(1789-1889); The United States Attorneys For The Southern District Of New York, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Memo Re: Opening Of New Lobby Exhibit: The First 100 Years-(1789-1889); The United States Attorneys For The Southern District Of New York, Second Circuit Historical Committee Dec 1986

Memo Re: Opening Of New Lobby Exhibit: The First 100 Years-(1789-1889); The United States Attorneys For The Southern District Of New York, Second Circuit Historical Committee

Committees

No abstract provided.


Commemorative Event #1: The Midnight Judge And Six Other Exhibits, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Dec 1986

Commemorative Event #1: The Midnight Judge And Six Other Exhibits, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Project Proposal: Speakers’ Bureau, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Dec 1986

Project Proposal: Speakers’ Bureau, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Suggested Text For Marker For The Site Of Hamilton's Law Office, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Dec 1986

Suggested Text For Marker For The Site Of Hamilton's Law Office, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Second Circuit Bicentennial Bulletin No. 1, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Dec 1986

Second Circuit Bicentennial Bulletin No. 1, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Committee Correspondence Regarding Public Education Program# 7, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Dec 1986

Committee Correspondence Regarding Public Education Program# 7, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Memorandum Of Rjm Re: Report Of Subcommittee On Commemorative Events (Midnight Judges And Patents Projects), Roger J. Miner '56 Nov 1986

Memorandum Of Rjm Re: Report Of Subcommittee On Commemorative Events (Midnight Judges And Patents Projects), Roger J. Miner '56

Committees

No abstract provided.


Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56 Nov 1986

Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56

Constitutional Law

No abstract provided.


Special Projects Subcommittee: Summary Of Project Proposal, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Oct 1986

Special Projects Subcommittee: Summary Of Project Proposal, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Outline For A Series Of Bicentennial Lectures And Forums, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Oct 1986

Outline For A Series Of Bicentennial Lectures And Forums, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Project ’87: To Celebrate And Contemplate The United States Constitution, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Oct 1986

Project ’87: To Celebrate And Contemplate The United States Constitution, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


Judicial Notice: An Essay Concerning Human Misunderstanding, E. F. Roberts Oct 1986

Judicial Notice: An Essay Concerning Human Misunderstanding, E. F. Roberts

Cornell Law Faculty Publications

Articles limning the law pertaining to judicial notice are legion, and the footnotes which have been cite checked by generations of law review editors must number in the thousands. These articles assume that reason, properly employed, produces correct answers. They assume that disagreements can be resolved by reason, because it is self-evident that any problem, once identified, can be solved. Reflected here are the presuppositions of lawyers brought up in the Western legal tradition.

What if one were to doubt that reason necessarily governed the behavior of lawyers? What if one doubted as well that all problems were susceptible to …


Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg Jul 1986

Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg

Articles

The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …


Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan Jun 1986

Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan

Antioch Law Journal

In January 1983, the United States Court of Appeals for the Eleventh Circuit decided the case of Hance v. Zant. Establishing a stringent standard apparently in line with the Supreme Court's requirement of heightened reliability in capital cases, the Eleventh Circuit reversed Hance's death sentence. The court held, inter alia, that the prosecutor's inflammatory closing argument at the end of the sentencing phase of the trial was violative of the eighth and fourteenth amendments. Six months later, in a group of four other death penalty cases, the United States Supreme Court dismissed challenges to the sentencing process.2 The Court held …


Engelmayer And Wagman: Lord's Justice. Reviewed By Marc P. Weingarten, Marc P. Weingarten Jun 1986

Engelmayer And Wagman: Lord's Justice. Reviewed By Marc P. Weingarten, Marc P. Weingarten

Antioch Law Journal

No abstract provided.


Tribe: God Bless This Honorable Court. Reviewed By Susan G. Kupfer, Susan G. Kupfer Jun 1986

Tribe: God Bless This Honorable Court. Reviewed By Susan G. Kupfer, Susan G. Kupfer

Antioch Law Journal

No abstract provided.


The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly Jan 1986

The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly

Touro Law Review

No abstract provided.


The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley Jan 1986

The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley

Touro Law Review

No abstract provided.


Justice William J. Brennan, Jr.: A Justice For All Seasons, Joel Gora Jan 1986

Justice William J. Brennan, Jr.: A Justice For All Seasons, Joel Gora

Faculty Scholarship

No abstract provided.


Federal Courts At The Crossroads, Roger J. Miner '56 Jan 1986

Federal Courts At The Crossroads, Roger J. Miner '56

Bar Associations

No abstract provided.


Research In Judicial Administration: A Judge's Perspective, Conference On Judicial Administration Research, Roger J. Miner '56 Jan 1986

Research In Judicial Administration: A Judge's Perspective, Conference On Judicial Administration Research, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


Egbert Benson The First Chief Judge Of The Second Circuit And Other Related History, U.S. Court Of Appeals For The Second Circuit Jan 1986

Egbert Benson The First Chief Judge Of The Second Circuit And Other Related History, U.S. Court Of Appeals For The Second Circuit

Committees

No abstract provided.


The Duty To Criticize The Courts (Ii), Roger J. Miner '56 Jan 1986

The Duty To Criticize The Courts (Ii), Roger J. Miner '56

Judges

No abstract provided.


Remarks, Investiture Of Hon. Con. G. Cholakis, Roger J. Miner '56 Jan 1986

Remarks, Investiture Of Hon. Con. G. Cholakis, Roger J. Miner '56

Judges

No abstract provided.