Courts Commons^™

Letter To Clerk Of Court Re: Michael Richardson, Roger J. Miner '56

Correspondence

No abstract provided.

The Federal Courts In The Political Order: Judicial Jurisdiction And American Political Theory, James Hopenfeld

Michigan Law Review

A Review of The Federal Courts in the Political Order: Judicial Jurisdiction and American Political Theory by Martin H. Redish

Do Courts Matter?, Stephen L. Carter

Michigan Law Review

A Review of The Hollow Hope: Ca Courts Bring About Social Change? by Gerald N. Rosenberg

Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk

Articles

The article examines the limitations of competition among municipalities in constraining the abuse of land use exactions and impact fees, arguing that while competition provides some checks, it is insufficient to prevent distortions in land markets. It critiques the Tiebout hypothesis, which assumes that intermunicipal competition leads to efficient allocation of public goods, and highlights how monopoly power in certain land uses undermines this theory. The analysis emphasizes the need for legal constraints to address the exploitation of landowners and ensure exactions align with the external costs of development.

Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum

Florida State University Law Review

No abstract provided.

A Reevaluation Of The Canons Of Statutory Interpretation, Joseph H. Bates

Vanderbilt Law Review

This Symposium has its genesis in the Vanderbilt Law Review's inaugural symposium, A Symposium on Statutory Construction, published in 1950.' Although the 1950 Symposium included a Foreword by Justice Felix Frankfurter and contributions by several preeminent scholars in the field, Karl Llewellyn's clumsily titled but succinctly written Remarks on the Theory of Appellate Decision and the Rules or Canons About How Statutes are to be Construed has eclipsed the Symposium which brought it to light and has persevered as a highly influential, if not definitive, critique of the canons of statutory construction.

Llewelyn's article, in general, attacks legal formalism and …

Where Have You Gone, Karl Llewellyn? Should Congress Turn Its Lonely Eyes To You?, Stephen F. Ross

Vanderbilt Law Review

Over forty years ago, in the Symposium we commemorate today, Professor Karl Llewellyn wrote a devastating critique of the canons of statutory construction. For virtually every canon of construction, he demonstrated that there was another canon that could be employed to reach the opposite result. His point was not to be critical, but to argue proscriptively that the process of statutory construction requires an interpretation in light of a judicial determination of "some assumed purpose."'

Other commentators, both before and after the publication of Llewellyn's magnificent contribution to the Vanderbilt Law Review, have taken a different approach. These observers have …

Modern Statutes, Loose Canons, And The Limits Of Practical Reason: A Response To Farber And Ross, Edward L. Rubin

Vanderbilt Law Review

Daniel Farber' and Stephen Ross, in separate contributions to this Symposium, raise the most crucial question in modern statutory interpretation, a question that exposes the profound triviality of the canons of statutory construction that Karl Llewellyn so effectively attacked. Ross points out that the legislature can control, or at least attempt to control, the judicial use of the canons by the way it drafts the statute and by effective use of supplementary materials such as mark-ups, committee reports, and floor debates. Farber, in his critique of formalism, demonstrates that formalist interpretation is an impediment to effective statutory drafting. Inherent in …

The Practice And Problems Of Plain Meaning: A Response To Aleinikoff And Shaw, Frederick Schauer

Vanderbilt Law Review

The attention so many of the participants in this Symposium have paid to my thoughts about the role of plain meaning in statutory interpretation' is both gratifying and surprising. Among those scholars finding my ideas worthy of note are Professors Aleinikoff and Shaw, and my aim is both to comment on their contribution here and to respond more generally to what others have said about my views on the role of plain meaning. By continuing the discussion I hope to clarify some of the claims I have made about plain meaning, and in doing so to foster a better appreciation …

Coalition Formation And The Presumption Of Reviewability: A Response To Rodriguez, Robert K. Rasmussen

Vanderbilt Law Review

Professor Dan Rodriguez's paper The Presumption of Reviewability: A Study in Canonical Construction and Its Consequences' makes several important contributions to the literature on statutory interpretation in the modern regulatory state. It provides a coherent explanation for the curious review provisions of the Administrative Procedure Act (APA), and analyzes the continuing battle over judicial review of agency action as part of a continuing dialogue among Congress, the courts, and the President. Rodriguez recognizes that those who study statutory interpretation must take account of both the existence of administrative agencies and the fact that interpretive practices have the potential to affect …

The Asbestos Litigation Crisis: Is There A Need For An Administrative Alternative?, Lester Brickman

Cardozo Law Review

No abstract provided.

The Presumption Of Reviewability: A Study In Canonical Construction And Its Consequences, Daniel B. Rodriguez

Vanderbilt Law Review

The much-maligned canons of statutory construction stubbornly have survived, largely on the strength of the assertion that whatever the aim of the statute's interpretation, an interpretive canon will improve the chances that the statute's aim will be realized. Canonical construction serves two different functions. Some of the canons ostensibly are designed as short-cuts to the discovery of the legislature's "true" intent. Professor Geoffrey Miller has explained how the canons may reflect the judicial articulations of conversational conventions that help courts understand otherwise vexing statutory language.' Canons may also serve as surrogates for other, better evidence of legislators' intent. In this …

The Canons Of Statutory Construction And Judicial Constraints: A Response To Macey And Miller, Lawrence C. Marshall

Vanderbilt Law Review

Professors Jonathan Macey and Geoffrey Miller claim to have set out to provide a positivist explanation for why judges ever invoke canons in the course of interpreting statutes.' In truth, though, their question is a far broader one. What they really seek to explain is why judges ever use any interpretive tools in the course of interpreting statutes. Why, Macey and Miller want to know, don't judges simply decide what result in the case will best promote a good outcome on the grounds of public policy, intrinsic fairness, economic efficiency or wealth maximization? This question is perplexing to Macey and …

The Ontario Court Of Appeal And Speedy Justice, Carl Baar, Ian Greene, Martin Thomas, Peter Mccormick

Osgoode Hall Law Journal

The authors use a data sample collected from the Ontario Court of Appeal minute books between 1983 and 1987 to analyze how appeals move through the province's highest court. Criminal and, chiefly, sentence appeals dominate the Court's agenda. Hearing times-the duration of argument and rendering of judgment-are shorter than commonly believed, most often lasting less than twenty minutes. Elapsed times-the period between end of trial and beginning of hearing-are, on average, 77 per cent longer for civil than criminal appeals, 52 per cent longer for defendant than crown appeals, and 23 per cent longer for fall than spring appeals. Elapsed …

Supreme Court Voting Behavior: 1991 Term, Richard G. Wilkins, James L. Kimball Iii, Troy R. Braegger

Brigham Young University Journal of Public Law

No abstract provided.

Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.

Supreme Court Voting Behavior: 1990 Term, Robert E. Riggs, Guy L. Black

Brigham Young University Journal of Public Law

No abstract provided.

A Need For The Use Of Nonsexist Language In The Courts, William B. Hill, Jr.

Washington and Lee Law Review

No abstract provided.

Contempt Of Court: The Most Important "Contemporary Challenge To Judging", Sanford Levinson

Washington and Lee Law Review

No abstract provided.

The Fourth Circuit Review

Washington and Lee Law Review

No abstract provided.

Booth V. Maryland, Insights Into The Contemporary Challenges To Judging, Joan M. Shaughnessy

Washington and Lee Law Review

No abstract provided.

Splintered Decisions, Implicit Reversals, And The Lower Federal Courts: Planned Parenthood V. Casey, William G. Peterson

BYU Law Review

No abstract provided.

Principle Versus Politics: The Solicitor General's Office In Constitutional And Bureaucratic Theory, John O. Mcginnis

Articles

No abstract provided.

Introduction To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Leander J. Shaw, Jr.

Florida State University Law Review

No abstract provided.

Reforming Florida's Juvenile Justice System: A Case Example Of Bobby M. V. Chiles, Jodi Siegel

Florida State University Law Review

No abstract provided.

Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission

Florida State University Law Review

No abstract provided.

Addendum To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission

Florida State University Law Review

No abstract provided.

Volume 59

Tennessee Law Review

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

Review Of The Supreme Court's 1991-92 Term And Preview Of The 1992-93 Term For The Transnational Practitioner, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.