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Articles 1231 - 1260 of 1498
Full-Text Articles in Judges
Toward Meaningful Judicial Elections: A Case For Reform Of Canon 7, Michele Radosevich
Toward Meaningful Judicial Elections: A Case For Reform Of Canon 7, Michele Radosevich
Seattle University Law Review
This Comment argues that elections can give us good judges who are both accountable to the voters and able to decide cases impartially. To accomplish this, we must, in the words of one local media commentator, “take off the muzzle and allow judges to discuss issues.” But before one can propose change, one should understand the present system and the purposes it was designed to serve. Part II of this Comment examines Canon 7 of the Washington Code of Judicial Conduct and the balance it strikes between accountability and impartiality. Part III explores how the Canon has been interpreted in …
Name-Calling And The Clear Error Rule, Robert F. Nagel
Name-Calling And The Clear Error Rule, Robert F. Nagel
Publications
No abstract provided.
Disagreement And Interpretation, Robert F. Nagel
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Three Mistakes About Interpretation, Paul Campos
Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel
Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel
Publications
No abstract provided.
Praetorianism & Common Law In Post-Colonial Settings: Judicial Responses To Constitutional Breakdowns In Pakistan, Tayyab Mahmud
Praetorianism & Common Law In Post-Colonial Settings: Judicial Responses To Constitutional Breakdowns In Pakistan, Tayyab Mahmud
Faculty Articles
The successive constitutional crises that confronted the Pakistani courts were not of their own making. But the doctrinally inconsistent, judicially inappropriate, and politically timid responses fashioned by these courts ultimately undermined constitutional governance. When confronted with the question of the validity and scope of extra constitutional power, the courts vacillated between Hans Kelsen's theory of revolutionary validity, Hugo Grotius's theory of implied mandate, and an expansive construction of the doctrine of state necessity. A more principled and realistic response would have been to declare the validity of extra constitutional regimes a nonjusticiable political question. Besides ensuring doctrinal consistency, a refusal …
Natural Law Ambiguities, Robin West
Natural Law Ambiguities, Robin West
Georgetown Law Faculty Publications and Other Works
I share with Fred Schauer the relatively unpopular belief that the positivist insistence that we keep separate the legal "is" from the legal "ought" is a logical prerequisite to meaningful legal criticism, and therefore, in the constitutional context, is a logical prerequisite to meaningful criticism of the Constitution. As Schauer argues, despite the modern inclination to associate positivism with conservatism, the positivist "separation thesis," properly understood, facilitates legal criticism and legal reform, not reactionary acquiescence. If we want to improve law, we must resist the urge to see it through the proverbial rose-colored glasses; we must be clear that a …
Prospective Overruling And The Revival Of ‘Unconstitutional' Statutes, William Michael Treanor, Gene B. Sperling
Prospective Overruling And The Revival Of ‘Unconstitutional' Statutes, William Michael Treanor, Gene B. Sperling
Georgetown Law Faculty Publications and Other Works
The Supreme Court's decision in Planned Parenthood v. Casey reshaped the law of abortion in this country. The Court overturned two of its previous decisions invalidating state restrictions on abortions, Thornburgh v. American College of Obstetricians and Gynecologists and Akron v. Akron Center for Reproductive Health, and it abandoned the trimester analytic framework established in Roe v. Wade. At the time Casey was handed down, twenty states had restrictive abortion statutes on the books that were in conflict with Akron or Thornburgh and which were unenforced. In six of these states, courts had held the statutes unconstitutional. Almost …
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Comment, Agnes Heller
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Faculty Scholarship
Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Articles
No abstract provided.
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Articles
No abstract provided.
The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright
The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright
Florida State University Law Review
No abstract provided.
Bearing Arms In State Bills Of Rights, Judicial Interpretation, And Public Housing, Robert Dowlut
Bearing Arms In State Bills Of Rights, Judicial Interpretation, And Public Housing, Robert Dowlut
St. Thomas Law Review
This article will review how state courts interpret state constitutional guarantees to arms, address the refusal by some courts to apply established rules on the interpretation of constitutional guarantees to arms cases, and examine discriminatory firearm bans in public housing.
Advice And Consent In Theory And Practice, Roger J. Miner '56
Advice And Consent In Theory And Practice, Roger J. Miner '56
Federal Court System and Administration
No abstract provided.
Liberals And Balancing, Robert F. Nagel
Corporate Pro-Choice: New York Assumes An Anti-Takover Position, Paula Walter
Corporate Pro-Choice: New York Assumes An Anti-Takover Position, Paula Walter
Touro Law Review
No abstract provided.
The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus
Touro Law Review
No abstract provided.
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
Touro Law Review
No abstract provided.