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Articles 511 - 540 of 549
Full-Text Articles in Judges
Book Review, Richard B. Collins
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
Touro Law Review
No abstract provided.
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Touro Law Review
No abstract provided.
A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann
A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann
Faculty Scholarship
The Civil Rights Act of 18711 ("§ 1983") establishes a tort-like remedy for persons deprived of federally protected rights "under color of law."'2 While the statute's broad language provides a remedy for violations of federal constitutional and statutory rights, the statute itself provides little or no guidance regarding important subjects such as the measure of damages, the availability of punitive damages, the requirements for equitable relief, the statute of limitations, survival of claims, proper parties, and immunities from suit.3...
...The first part of this article examines the narrowly "legal" analysis of § 1983 in the cases …
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Touro Law Review
No abstract provided.
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Touro Law Review
No abstract provided.
When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal
When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal
Law Faculty Publications
In order to stimulate scholarly discussion, this Essay presents an empirical account of the Greensboro incident from the perspective of those who participated in the episode and in the resulting civil rights trial. The Essay traces the circumstances leading to the violence and reviews the resultant litigation with special attention given to the role of the trial judge in politically volatile cases. The candid reflections offered by the trial judge and other participants allow the reader to examine both the event and the litigation, not merely in the abstract, but as implemented by flesh-andblood lawyers, litigants, and judges. .
Judicial Reflections Upon The 1973 Uprising At Wounded Knee, Ronald J. Bacigal
Judicial Reflections Upon The 1973 Uprising At Wounded Knee, Ronald J. Bacigal
Law Faculty Publications
This essay presents a view of Wounded Knee from the perspective of federal district judge Robert R. Merhige, Jr., who was part of a judicial task force sent to South Dakota in 1973. Viewing Wounded Knee from the perspective of a trial judge discloses the social forces underlying Wounded Knee and also provides insights into the role of a trial judge in politically sensitive cases.
One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.
One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.
North Carolina Central Law Review
No abstract provided.
Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio
Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio
Touro Law Review
No abstract provided.
Addendum: Civil Rights In Jeopardy, Eileen R. Kaufman, Martin A. Schwartz
Addendum: Civil Rights In Jeopardy, Eileen R. Kaufman, Martin A. Schwartz
Touro Law Review
No abstract provided.
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Touro Law Review
No abstract provided.
American Indians And The Bicentennial, Richard B. Collins
American Indians And The Bicentennial, Richard B. Collins
Publications
No abstract provided.
Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin
UIC Law Review
No abstract provided.
Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo
Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo
UIC Law Review
No abstract provided.
The Judge, Marianne Wesson
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Faculty Scholarship
The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …
On Complaining About The Burger Court, Robert F. Nagel
On Complaining About The Burger Court, Robert F. Nagel
Publications
No abstract provided.
Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer
Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer
University of Michigan Journal of Law Reform
This Note advocates that federal courts review state criminal convictions in habeas corpus proceedings when lesser included offense instructions are available under state law but were not given. Part I demonstrates that granting such review conforms to the modern jurisdictional scope of federal collateral review because failure to give the instructions undermines the fact-finding function of juries and is therefore unconstitutional. Part II analyzes the proper standard of review and determines that the federal interest in protecting the reliability of the fact-finding process should prevail over any conflicting state interest in refusing to give lesser included offense instructions. Part II …
Book Review: Unlikely Heroes By Jack Bass, David B. Filvaroff
Book Review: Unlikely Heroes By Jack Bass, David B. Filvaroff
Vanderbilt Law Review
Unlikely Heroes is designed for both the lawyer and the general reader. It does not purport to offer careful legal analysis of constitutional doctrine or to measure the Fifth Circuit's actions during this era against any articulated concept of the proper role of the judiciary in a federal system. To the extent that Bass raises any questions about the propriety of the judges' conduct or decisions, he appears to conclude that they were fully justified by the nature of the issues presented and by the demands of the times.Whatever its intended audience, however, the book would have benefited from a …
Chief Justice Earl Warren, Otis H. King
Chief Justice Earl Warren, Otis H. King
North Carolina Central Law Review
No abstract provided.
Justice John M. Harlan, Drew S. Days Iii
Justice John M. Harlan, Drew S. Days Iii
North Carolina Central Law Review
No abstract provided.
Justice Byron R. White, Charles E. Daye
Justice Byron R. White, Charles E. Daye
North Carolina Central Law Review
No abstract provided.
Justice William Brennan, John Doar
Justice William Brennan, John Doar
North Carolina Central Law Review
No abstract provided.
Justice William O. Douglas, Wiley A. Branton
Justice William O. Douglas, Wiley A. Branton
North Carolina Central Law Review
No abstract provided.
Justice Potter Stewart, Vincent L. Broderick
Justice Potter Stewart, Vincent L. Broderick
North Carolina Central Law Review
No abstract provided.
The Nature Of The Constitutional Process: Equal Protection And The Burger Court, Albert Broderick
The Nature Of The Constitutional Process: Equal Protection And The Burger Court, Albert Broderick
North Carolina Central Law Review
No abstract provided.
Judicial Immunity And Sovereignty, Robert F. Nagel
Judicial Protection Of Minorities, Terrance Sandalow
Judicial Protection Of Minorities, Terrance Sandalow
Articles
In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …
Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust
Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust
IUSTITIA
The intellectual world of the nineteenth century judge was one in which the two main concerns relevant to our topic here were what the judge's role ought to be in the evolution of law in a democratic society, and whether a recognition and application of 'natural law' was ever appropriate to a legal system. Professor Cover reviews exhaustively the eighteenth and nineteenth century sources from which American judges drew their ideas on these subjects, and studies practically all of the antebellum slavery litigation to discover how judges actually applied these doctrines in the context of slavery cases. What he comes …