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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.


A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle Jan 1986

A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


The Uncertainty Principle In The Supreme Court, Craig M. Bradley Jan 1986

The Uncertainty Principle In The Supreme Court, Craig M. Bradley

Articles by Maurer Faculty

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.


The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis Jan 1986

The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis

Law Faculty Articles and Essays

A dispute burns across the landscape of French constitutional law regarding the juridical nature of the French constitutional "Supreme Court", the Conseil constitutionnel: is it a court? Both French and American scholars have claimed that, despite superficial similarities between the U.S. Supreme Court and the French Conseil constitutionnel, the American system of judicial review "can have no counterpart in the French system", that French legal and political theory is inconstistent with an effective supreme court, that there is "no possibility" that the French and American systems could surmount this "major difference", and that the Conseil is simply not a "true …


Judicial Independence And The Rule Of Law, Jonathan Van Patten Jan 1986

Judicial Independence And The Rule Of Law, Jonathan Van Patten

Faculty Publications

No abstract provided.


Farewell To The Sea Of Doubt: Jettisoning The Constitutional Sherman Act, Thomas C. Arthur Jan 1986

Farewell To The Sea Of Doubt: Jettisoning The Constitutional Sherman Act, Thomas C. Arthur

Faculty Articles

This Article proceeds as follows. Part I examines the legislative history of the Sherman Act to discover the policy choices actually made by the 1890 Congress. Part II sketches the development, operation and social costs of the conventional "constitutional" approach which now dominates section 1 adjudication. This Part demonstrates how the Supreme Court's failure to establish a workable methodology for resolving hard cases in the first Sherman Act decisions enabled it later to create the myth that the 1890 Congress made no hard policy choices. It then shows that the lack of a recognized statutory standard inevitably leads to doctrinal …


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.


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 State Of New York's State Federal-Judicial Council, Hon. George C. Pratt Jan 1986

The State Of New York's State Federal-Judicial Council, Hon. George C. Pratt

Touro Law Review

No abstract provided.