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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

Faculty Publications

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

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 …

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

Touro Law Review

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

The Struggle For Judicial Independence In Antebellum North Carolina: The Story Of Two Judges, Walter F. Pratt

Journal Articles

The Supreme Court of North Carolina is an anomaly among state courts in the antebellum years. In a period dominated by democratic reforms of state government, the court did not merely survive unscathed it actually increased its independence. The remarkable success of this court is largely attributable to the personal reputations and political acumen of two of its judges, Thomas Ruffin and William Gaston. Without those two men it is likely that the Supreme Court would have been abolished in a wave of democratic reforms that peaked in North Carolina with the constitutional amendments of 1835.

Innovative Transfer And Exchange Plans, Glenn E. Porzak

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

36 pages (includes maps).

Contains footnotes (page 32).

Voluntary Approaches To Basinwide Water Management, Neil S. Grigg

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

13 pages (includes illustration).

Contains references (page 11).

Interstate Transfers Of Water: Many A Slip ‘Twixt The Cup And The Lip, Howard Holme

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

44 pages (includes maps and tables).

Contains 6 pages of footnotes.

Engineering And Hydrologic Issues In Changing Water Uses, Leonard Rice

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

26 pages (includes maps, charts and illustrations).

Contains references (page 18).

Agenda: Colorado Water Issues And Options: The 90'S And Beyond: Toward Maximum Beneficial Use Of Colorado's Water Resources, University Of Colorado Boulder. Natural Resources Law Center, Colorado Water Resources Research Institute. Cooperative Extension Service

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

Presented by Natural Resources Law Center, University of Colorado School of Law and Cooperative Extension Service, Colorado Water Resources Research Institute, Colorado State University.

Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches and Stephen F. Williams.

The conference theme is "Toward Maximum Beneficial Use of Colorado's Water Resources." The purpose of the conference is to provide a forum for public discussion of Colorado's system of water law and administration and to make recommendations for future action.

Wasted Water: The Problems And Promise Of Improving Efficiency Under Western Water Law, Steven J. Shupe

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

61 pages.

Includes footnotes (pages 49-56).

Nontributary Ground Water: A Continuing Dilemma, William A. Paddock

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

47 pages.

Contains 2 pages of footnotes.

The Development Of Colorado’S Water Law, Raphael J. Moses

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

23 pages.

Contains references (pages 22 - 23).

Citation Sources And The New York Court Of Appeals, Mary Anne Bobinski

Buffalo Law Review

No abstract provided.

A Compendium Of Proposals To Reform The United States Courts Of Appeals, Thomas E. Baker

Faculty Publications

Judge Ginsburg has provided a judge's-eye view of the work of a United States Court of Appeals in her Dunwody Lecture.'From her perspective as a judge on the District of Columbia Circuit, she has done a fine job describing the process of deciding appellate cases and composing a reasoned decision. But simply describing" things as they are" in the decisional process will not suffice in this article for two reasons. First, Judge Ginsburg has already done that, as have other judges.

Remarks, Judicial Conference Of The Second Circuit, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

Working With The Individual Judge Assignment System, Roger J. Miner '56

Court Conferences and Events

No abstract provided.

Court Trial Empirical Survey: Interview Responses From Trial Judges Explaining Their Experiences And Views Regarding The Trial Of Non-Jury Cases, John O. Sonsteng, Roger S. Haydock

Faculty Scholarship

Knowing how a judge will react to certain trial techniques in a trial can greatly enhance an attorney's effectiveness in the courtroom. This article contains and explains the results of the authors' empirical survey. Fifty-nine judges serving in both criminal and civil court in the Minneapolis-St. Paul area were surveyed, with each judge responding to thirty-eight questions designed to obtain objective information concerning their experiences and views on effective trial advocacy. The survey covered eight topics: (1) trial briefs; (2) pretrial chambers discussions; (3) opening statements; (4) direct and cross-examinations; (5) evidentiary matters; (6) closing arguments; (7) findings of fact …

Investiture Of Judge Roger J. Miner, U.S. Circuit Judge, United States Court Of Appeals For The Second Circuit, Roger J. Miner '56

Induction Ceremonies and Investitures

No abstract provided.

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

Lawyers and the Legal Profession

No abstract provided.

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.

Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results

Touro Law Review

No abstract provided.

Judicial Rule-Making Absent Legislative Review: The Limits Of Separation Of Powers, Kenneth S. Gallant

Law Faculty Scholarship

No abstract provided.

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

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 Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav

Faculty Scholarship

No abstract provided.

Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser

Buffalo Law Review

No abstract provided.

The New Amendments To The Federal Rules Of Civil Procedure And Their Effect On Federal Court Practice In The Northern District, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.