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Articles 2521 - 2550 of 3131
Full-Text Articles in Judges
Politcs And The Courts: A Positive Theory Of Judicial Doctrine And The Rule Of Law, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast
Politcs And The Courts: A Positive Theory Of Judicial Doctrine And The Rule Of Law, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast
Faculty Scholarship
No abstract provided.
Letter To Rjm From John J.P. Howley, John P. Howley
Letter To Rjm From John J.P. Howley, John P. Howley
Memos and Letters: Law Clerks
No abstract provided.
Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau
Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau
University of Michigan Journal of Law Reform
In response to the "crisis of volume," state and federal appellate courts have been restricting the opinions they write to those opinions which will: (1) establish a new. rule of law or expand, alter, or modify an existing rule; (2) involve a legal issue of continuing public interest; (3) criticize existing law; or (4) resolve a conflict of authority. All other opinions are limited to brief statements of the reasons for the decision, go unpublished, and generally carry a prohibition against their being cited as precedent. Recently, critics have alleged a number of faults with this practice, including the supposed …
The Supreme Court’S View Of Science: Has Daubert Exorcised The Certainty Demon?, Bert Black
The Supreme Court’S View Of Science: Has Daubert Exorcised The Certainty Demon?, Bert Black
Cardozo Law Review
The Supreme Court's mandate in Daubert that experts who give testimony based on science must confine themselves to valid scientific knowledge seems tautologically obvious, and hardly an issue requiring the attention of the nation's nine highest judges. The debate that led to Daubert was generated, however, by opponents of judicial screening who argued that holding experts to scientific standards somehow imposes an undue burden of proof on plaintiffs, especially in toxic tort cases - and the Supreme Court's decision has not put the issue completely to rest. Science, according to this "relaxed standards" argument, demands certainty far beyond the law's …
After Daubert: Going Forward With Lessons From The Past, Marc S. Klein
After Daubert: Going Forward With Lessons From The Past, Marc S. Klein
Cardozo Law Review
Ground zero in the ongoing battle over scientific evidence in toxic tort cases has clearly shifted in light of Daubert v. Merrell Dow Pharmaceuticals, Inc. In that case, the Supreme Court settled at least two profound issues. One has immediate practical consequences, the other has important philosophical implications.
Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines
Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines
St. Thomas Law Review
This Article is not written in defense of drunk drivers - they have no defense. It is written in defense of due process, which the courts, by constitutional mandate, must provide to al defendants including drunk drivers. It is a mandate the New Jersey Supreme Court has ignored, thereby encouraging the appearance of an over-eagerness to convict. Too often, the court has curtailed the liberties of DWI defendants, speeding convictions, and therefore dispositions, to further the demands of efficiency.
Testimonial Dinner: Hon. Warren E. Zittell, Columbia County Judge, Roger J. Miner '56
Testimonial Dinner: Hon. Warren E. Zittell, Columbia County Judge, Roger J. Miner '56
Tributes & Testimonials
No abstract provided.
It's Worth Remembering, John W. Reed
It's Worth Remembering, John W. Reed
Other Publications
A speech delivered to the Michigan Supreme Court Historical Society Annual Meeting luncheon, held in Southfield, Michigan on April 28, 1994.
Memorial Service, Judge Justin J. Mahoney, Roger J. Miner '56
Memorial Service, Judge Justin J. Mahoney, Roger J. Miner '56
Judges
No abstract provided.
Remarks: St John's Law Review Alumni Dinner, Roger J. Miner '56
Remarks: St John's Law Review Alumni Dinner, Roger J. Miner '56
Law Review Addresses
No abstract provided.
Supervisory Power Of The New York Courts, Bennett L. Gershman
Supervisory Power Of The New York Courts, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
This Article discusses the role of supervisory power in the judicial culture of New York. In order to place supervisory power in a context, Part II outlines the emergence and decline of supervisory power in the federal system. Part III then traces the origin of supervisory power in New York to Cardozo's dictum in Lemon. Part IV explains how supervisory power is an aspect of the much broader inherent judicial power, which finds expression in the familiar common law decision-making process. Part V discusses three principal areas in which supervisory power has been exercised by New York courts since Cardozo: …
A Typology Of Transjudicial Communication, Anne-Marie Slaughter
A Typology Of Transjudicial Communication, Anne-Marie Slaughter
University of Richmond Law Review
Courts are talking to one another all over the world. Mary Ann Glendon describes a "brisk international traffic in ideas about rights," conducted by judges. "In Europe generally," she adds, "and in Australia, Canada, and New Zealand, national law is increasingly caught up in a process of cross-fertilization among legal systems."
The Supreme Court Rules On Statements Against Interest, Michael M. Martin
The Supreme Court Rules On Statements Against Interest, Michael M. Martin
Touro Law Review
No abstract provided.
Dear Judge Mikva, Carl W. Tobias
Dear Judge Mikva, Carl W. Tobias
Law Faculty Publications
I am writing to urge that you apply in the executive branch the considerable expertise which you attained and honed over a lifetime of service in the legislative and judicial branches of our tripartite system of government, to the critical task of federal judicial selection that uniquely partakes of those coordinate branches.
A Bibliography For The United States Courts Of Appeals, Thomas E. Baker
A Bibliography For The United States Courts Of Appeals, Thomas E. Baker
Faculty Publications
No abstract provided.
The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor
The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
For over one hundred years, scholars have closely studied the handful of cases in which state courts, in the years before the Federal Constitutional Convention, confronted the question whether they had the power to declare laws invalid. Interest in these early cases began in the late nineteenth century as one aspect of the larger debate about the legitimacy of judicial review, a debate triggered by the increasing frequency with which the Supreme Court and state courts were invalidating economic and social legislation. The lawyers, political scientists, and historians who initially unearthed the case law from the 1770s and 1780s used …
A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken
A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken
Touro Law Review
No abstract provided.
Coconspirator Statements And Former Testimony In New York And Federal Courts With Some Comments On Codification, Randolph N. Jonakait
Coconspirator Statements And Former Testimony In New York And Federal Courts With Some Comments On Codification, Randolph N. Jonakait
Touro Law Review
No abstract provided.
Rethinking Federal Judicial Selection
Improving Communications In The Courtroom Symposium (Welcoming Remarks And Statement Of The Issues), Newton N. Minow, Peter David Blanck
Improving Communications In The Courtroom Symposium (Welcoming Remarks And Statement Of The Issues), Newton N. Minow, Peter David Blanck
Indiana Law Journal
Symposium: Improving Communications in the Courtroom
Judge-Jury Communications: Improving Communications And Understanding Bias, Ladoris Hazzard Cordell, Robert Rosenthal, Charles F.C. Ruff, Steven J. Adler
Judge-Jury Communications: Improving Communications And Understanding Bias, Ladoris Hazzard Cordell, Robert Rosenthal, Charles F.C. Ruff, Steven J. Adler
Indiana Law Journal
Symposium: Improving Communications in the Courtroom
Judicial Opinions As Binding Law And As Explanations For Judgments, Thomas W. Merrill
Judicial Opinions As Binding Law And As Explanations For Judgments, Thomas W. Merrill
Cardozo Law Review
To what extent does the executive branch have autonomous powers of legal interpretation? The issue is often broadly framed in terms of two disparate understandings of the allocation of interpretative power: "judicial supremacy" and "departmentalism." In this paper, I shall speak of two different understandings of judicial opinions: the idea that judicial opinions (or at least the "holdings" of opinions) are legally binding on actors in the executive branch, and the idea that opinions are, from the perspective of executive actors, merely explanations for judicial judgments. I adopt this locution because it focuses more precisely on the core of the …
The Georgia Jury And Negligence: The View From The Trenches, R. Perry Sentell Jr.
The Georgia Jury And Negligence: The View From The Trenches, R. Perry Sentell Jr.
Scholarly Works
This is the third part of a project devoted to analyzing the Georgia negligence jury. The project employed as its original point of departure the extensive Chicago Jury Study of the 1960s, directed by Chicago Law Professor Harry Kalven, Jr. That Study's immortality derives principally from its famous first premise: Meaningful evaluation of the jury system must originate from within the system itself. That premise propelled Professor Kalven through a massive national survey of trial judges. The judges' responses, under Kalven's insightful analysis, yielded an unprecedented profile of the American jury. In foundational fashion, those responses indelibly etched into legal …
In Re Grabill Corporation; Appeal Of Ncnb National Bank Of North Carolina: Four To One Against Jury Trials In Bankruptcy Courts, Merritt Mcgarrah
In Re Grabill Corporation; Appeal Of Ncnb National Bank Of North Carolina: Four To One Against Jury Trials In Bankruptcy Courts, Merritt Mcgarrah
Mercer Law Review
In In re Grabill Corporation; Appeal of NCNB National Bank of North Carolina, the Seventh Circuit Court of Appeals joined the majority of the federal circuits in holding that bankruptcy judges do not have the express or implied authority to conduct jury trials. When the Seventh Amendment grants the right to a jury trial, the district court must conduct the trial.
Thomas's Supreme Unfitness--A Letter To The Senate On Advise And Consent, Gary J. Simson
Thomas's Supreme Unfitness--A Letter To The Senate On Advise And Consent, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
Jaws Xvi: The Exceptions That Ate Rule 220, 26 J. Marshall L. Rev. 189 (1993), Charles W. Chapman
Jaws Xvi: The Exceptions That Ate Rule 220, 26 J. Marshall L. Rev. 189 (1993), Charles W. Chapman
UIC Law Review
No abstract provided.
Time Warps And Identity Crises: Muddling Through The Misnomer/Misidentification Mess, 26 J. Marshall L. Rev. 257 (1993), Diane S. Kaplan, Kimberly L. Craft
Time Warps And Identity Crises: Muddling Through The Misnomer/Misidentification Mess, 26 J. Marshall L. Rev. 257 (1993), Diane S. Kaplan, Kimberly L. Craft
UIC Law Review
No abstract provided.
A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger
A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger
UIC Law Review
No abstract provided.
Judicial Vacancies And Delay In The Federal Courts: An Empirical Evaluation, In Symposium, The Civil Justice Reform Act, A. Kimberley Dayton
Judicial Vacancies And Delay In The Federal Courts: An Empirical Evaluation, In Symposium, The Civil Justice Reform Act, A. Kimberley Dayton
Faculty Scholarship
This Article examines the relationship between federal district court judicial vacancies --whether caused by the executive branch's failure to timely nominate judges, Congress's failure to confirm presidential nominees, or some other reason -- and delays in processing the civil caseload. The hypotheses tested are several configurations of the hypothesis “judicial vacancies cause delay.” The statistical method of analysis of covariance is used to test this hypothesis and thereby evaluate the degree to which delays, defined by reference to certain case management statistics, are correlated to vacancy rates in individual federal district courts, and within the federal system as a whole. …