Judges Commons^™

Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos

Scholarly Works

This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in how we construct our values and norms, and in how Americans make sense of our chaotic social world. The assumption and mandate of sameness not only influence American culture, they also guide judges' thinking and decision-making in key …

Hopwood, Equal Protection, And Affirmative Action: Can Anyone's Ox Be Gored?, David J. Jannuzzi

Touro Law Review

No abstract provided.

Due Process, Court Of Appeals: People V. Thompson

Touro Law Review

No abstract provided.

Scalia Slugs It Out, Gerard V. Bradley

Journal Articles

A Matter of Interpretation
Antonin Scalia, Princeton University Press, 1997, 159 pages, $20

Antonin Scalia, associate justice of the United States Supreme Court, has done more to combat judicial activism than any other living person. Since taking his seat on the High Court in 1986, he has defended and applied a mode of constitutional interpretation - most often called "originalism," sometimes "textualism" - the precise aim of which is to reduce, if not eliminate, judicial lawmaking. Scalia maintains that judges, even Supreme Court Justices, must distinguish what they think law ought to be from what the rule of law in …

Justices At Work: An Introduction, Michel Rosenfeld

Cardozo Law Review

"Justices at Work," a day long conference which took place on September 19, 1995 at the Benjamin N. Cardozo School of Law, brought together Justices and constitutional scholars from seven different countries to consider a hypothetical constitutional case dealing with fundamental rights. This issue of the Law Review includes the facts of the hypothetical case, the applicable hypothetical statute, the briefs submitted to the International Moot Courtall of which were the product of a collaborative effort among the seven scholars involved-as well as a transcript of the proceedings and of the deliberations of the seven Justices: Justice Ruth Bader Ginsburg …

Standing Committee On Discipline V. Yagman: Missing The Point Of Ethical Restrictions On Attorney Criticism Of The Judiciary?, Caprice L. Roberts

Washington and Lee Law Review

No abstract provided.

Judicial Restraint In The Administrative State: Beyond The Countermajoritarian Difficulty, Matthew D. Adler

Faculty Scholarship

Arguments for judicial restraint point to some kind of judicial deficit (such as a democratic or an epistemic deficit) as grounds for limiting judicial review. ("Judicial review" is used in this Article to mean, essentially, the judicial invalidation of statutes, rules, orders and actions in virtue of the Bill of Rights, or similar unwritten criteria.). The most influential argument for judicial restraint has been the Countermajoritarian Difficulty. This is a legislature-centered argument: one that points to features of *legislatures*, as grounds for courts to refrain from invalidating *statutes*. This Article seeks to recast scholarly debate about judicial restraint, and to …

Brown V. State Of New York: Judge Simons Says New York State Can Be Held Liable For Money Damages, Eric J. Stockel

Touro Law Review

No abstract provided.

Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making (Essay), Donna F. Coltharp

Faculty Articles

No abstract provided.

Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel

Publications

No abstract provided.

Playing Defense, Robert F. Nagel

Publications

Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …

Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda

LLM Theses and Essays

Judicial review is a judicial action that involves the review of an inferior legislative or executive act for conformity with a higher legal norm, with the possibility that the inferior norm may be invalidated or suspended if necessary. Although judicial review has been explicitly provided for in some written post-independence African constitutions, such review has not developed into a significant principle of African juridical democracy. This lack of development can be attributed to the emergence of dictatorships in the post-colonial era. However, Malawi’s weak judiciary system was remedied by the 1994 Constitution which gave the Malawian judiciary a central position, …

International Jurisdiction In Products Liability Cases (Analysis Of Asahi And Post-Asahi Cases), Tsutomu Kuribayashi

LLM Theses and Essays

With the increase of foreign trade, there has also been an increase in the number of foreign manufacturers and distributors involved in product liability litigation in the United States. In many cases, the products from these foreign manufacturers and distributors reach the forum states through the stream of commerce, and are distributed to the customers by regional distributors, wholesalers, and retailers. Therefore, in many product liability cases where defective products from these foreign manufacturers and distributors cause injuries to people in the United States, those foreign companies do not have a direct relationship with the forum states. In these cases, …

Integrity And Universality: A Comment On Dworkin's Freedom's Law, Robin West

Georgetown Law Faculty Publications and Other Works

Ronald Dworkin has done more than any other constitutional lawyer, past or present, to impress upon us the importance of  integrity to constitutional law, and hence to our shared public life. Far from being merely a private virtue, Dworkin has shown that integrity imposes constraints upon and provides guidance to the work of judges in constitutional cases: Every constitutional case that comes before a court must be decided by recourse to the same moral principles that have dictated results in relevant similar cases in the past. Any group or individual challenging the constitutionality of legislation which adversely affects his or …

The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

The Takings Clause of the Fifth Amendment is famous for inspiring disagreement. More than one hundred years have passed since the Supreme Court departed from the original understanding of the clause and interpreted regulations as potentially falling within its ambit. Although the passage of time has established the principle that regulations can run afoul of the Takings Clause, the Court has been unable to offer a coherent vision of when compensation is required. Academic commentators also have failed to reach agreement on the issue, offering an enormous range of solutions to the takings question. The newest field of controversy involves …

Things Judges Do: State Statutory Interpretation, Judith S. Kaye

Touro Law Review

No abstract provided.

"Doubts About Our Processes": Richard D. Simons And The Jurisprudence Of Restraint In State Constitutional Analysis, David E. Mccraw

Touro Law Review

No abstract provided.

Right To Trial By Jury, Supreme Court, Appellate Division Fourth Department People V. Perkins

Touro Law Review

No abstract provided.

It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

Constitutional Adjudication In Light Of Discourse Theory, András Sajó

Cardozo Law Review

In the last one hundred years the empirical consequences of applied rationality have destroyed the last remnants of the trust in reason (Vernunftvertrauen). Postmodern law suffers from its own contradictory trends, which may be cured according to social practices indicated by discourse theory. In Between Facts and Norms, Jurgen Habermas applies the theoretical scheme of communicative action in a specific argumentation context, namely to legal discourse.

To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard

UIC Law Review

No abstract provided.

Pragmatism And Parity In Appointments, Yxta Maya Murray

Michigan Journal of Gender & Law

This review uses Carter's two foci as a springboard for analyzing the Article II, Section II appointment process. First, Carter's discussion of indecency in modern appointments may be a valuable theoretical insight into the process instead of a mere sociological observation. "Indecency" in appointments, or what is known as "borking" in Carter parlance, may also be a symptom of race and gender bias in the administration of the Article II, Section II power. To ameliorate the effects of this bias, I suggest the incorporation of pragmatism (a thread of philosophical and legal thought) and parity concepts into the existing appointments …

The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot

LLM Theses and Essays

Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …

Equal Protection

Touro Law Review

No abstract provided.

A Text Is Just A Text, Paul F. Campos

Publications

No abstract provided.

Double Jeopardy

Touro Law Review

No abstract provided.

Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski

Faculty Scholarship

A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …

State Constitutional Jurisprudence: Decision Making At The New York Court Of Appeals, Michael Hutter, Vincent Bonventre, Luke Bierman

Touro Law Review

No abstract provided.

Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly

Touro Law Review

No abstract provided.