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Articles 2551 - 2580 of 3127
Full-Text Articles in Judges
President Clinton's Covenant And The Federal Courts, Carl W. Tobias
President Clinton's Covenant And The Federal Courts, Carl W. Tobias
Law Faculty Publications
President Bill Clinton has eloquently invoked the concept of a new covenant with the American people. Claiming that the populace elected him with a mandate for change, the President has appointed individuals to high-level positions, particularly in the Cabinet, who have made the new government look like America. In no branch of the federal government are these ideas more apposite than the Third Branch.
Rethinking Federal Judicial Selection, Carl W. Tobias
Rethinking Federal Judicial Selection, Carl W. Tobias
Law Faculty Publications
The inauguration of President Bill Clinton, who will appoint more than three hundred new federal judges, affords an auspicious occasion for rethinking the process of federal judicial selection. The current federal bench, two-thirds of whose members were appointed by Presidents Ronald Reagan and George Bush, reflects increased conservatism and is quite homogeneous in terms of race, gender, and political perspectives. For instance, President Reagan appointed a dramatically smaller, and President Bush named a substantially lower, percentage of African-Americans than did President Jimmy Carter. The Republican chief executives made these appointments although they had much larger, more experienced, pools of female …
Keeping The Covenant On The Federal Courts, Carl W. Tobias
Keeping The Covenant On The Federal Courts, Carl W. Tobias
Law Faculty Publications
When Governor Clinton was campaigning for the presidency, he contended that the federal court appointments of President Ronald Reagan and President George Bush significantly reduced the diversity that President Jimmy Carter had strongly promoted. Candidate Clinton pledged, if elected President, to rectify that situation. Since the election, Bill Clinton has fulfilled his promise by naming to the judiciary outstanding attorneys who reflect the diverse composition of American society. Now that President Clinton has completed his initial year of service, it is important to analyze the Clinton Administration's record of choosing judges to ascertain precisely how the President has kept his …
Closing The Gender Gap On The Federal Courts, Carl W. Tobias
Closing The Gender Gap On The Federal Courts, Carl W. Tobias
Law Faculty Publications
When the Bush Administration placed comparatively few women on the bench during its initial half-term, I criticized President Bush's mediocre record. I was pleasantly surprised to learn that the Bush Administration ultimately appointed an unprecedented percentage of women to the federal courts; 36 of the 192 judges President Bush appointed were women (18.7%).
Notwithstanding the Bush Administration's efforts, the percentage of female judges remains significantly lower than the representation of women in the legal profession. Moreover, President Bush left 100 open judgeships. These vacancies mean that President Bill Clinton can greatly increase the numbers and percentages of female judges and …
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 …
Voting Behavior On The Texas Court Of Criminal Appeals, 1991-92, Keith A. Rowley, Michael D. Weiss
Voting Behavior On The Texas Court Of Criminal Appeals, 1991-92, Keith A. Rowley, Michael D. Weiss
Scholarly Works
Between early 1991, when Judge Fortunato Benavides was appointed to replace Judge Marvin O. Teague, and July 1, 1992, the Texas Court of Criminal Appeals decided 251 cases where the ultimate question at stake was whether or not an accused individual would receive punishment for his or her alleged wrongdoing. While the sitting judges unanimously decided roughly one-half of these cases, 133 cases resulted in one or more dissenting votes. Furthermore, a margin of two votes or less decided thirty-five cases.
The purpose of this Article is to analyze and, if possible, explain the voting behavior of the members of …
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 …
Comment, Agnes Heller
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
Touro Law Review
No abstract provided.
John D. Appel, Leslie Berman
Trial By Jury Or Judge: Transcending Empiricism, Kevin M. Clermont, Theodore Eisenberg
Trial By Jury Or Judge: Transcending Empiricism, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
Pity the civil jury, seen by some as the sickest organ of a sick system. Yet the jury has always been controversial. One might suppose that, with so much at stake for so long, we would all know a lot about the ways juries differ from judges in their behavior. In fact, we know remarkably little. This Article provides the first large-scale comparison of plaintiff win rates and recoveries in civil cases tried before juries and judges. In two of the most controversial areas of modern tort law--product liability and medical malpractice--the win rates substantially differ from other cases' win …
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.
Review Of Judicial Decision-Making In The People's Republic Of China: An Overview Of Unique Developments, Mark Findlay
Review Of Judicial Decision-Making In The People's Republic Of China: An Overview Of Unique Developments, Mark Findlay
Research Collection Yong Pung How School Of Law
While the constitutional injunction to independence is general, specific legislative provisions do not directly preclude the overall governance of the Party. In fact, the initial articles of the 1982 Constitution celebrate the 'dignity of the socialist legal system' (Article 5), and as the preamble confirms, the construction and maintenance of Chinese socialism remains under the leadership of the Communist Party of China. Therefore it might be argued that the protection of judicial power from the 'interference by administrative organs, public organisations or individuals' (Article 126) does not envisage the intervention of the Party.
The View From The Bench: The Perspective Of A Water Judge, Robert A. Behrman
The View From The Bench: The Perspective Of A Water Judge, Robert A. Behrman
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
9 pages.
Litigation In Texas Re: The Edwards Aquifer And Water Rights, Douglas G. Caroom
Litigation In Texas Re: The Edwards Aquifer And Water Rights, Douglas G. Caroom
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
18 pages.
Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association
Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
Sponsored by Natural Resources Law Center, University of Colorado School of Law and the Rocky Mountain Ground-Water Conference, organized by the Colorado Ground-Water Association.
Faculty for the conference included University of Colorado School of Law professor Lawrence J. MacDonnell.
Nearly half the people in the United States rely on groundwater as their primary water source. As demands for groundwater grow, it becomes increasingly important for lawyer and technical professionals to understand the legal and hydrologic issues arising in groundwater development, use, and protection. These issues will be the focus of the Center's thirteenth annual summer program, June 15-17, 1992.
This …
Practical Considerations For Effective Use Of Expert Witnesses And Computer Models In Complex Groundwater Litigation, William A. Paddock
Practical Considerations For Effective Use Of Expert Witnesses And Computer Models In Complex Groundwater Litigation, William A. Paddock
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
14 pages.
The Legal Framework For Aquifer Issues, Douglas L. Grant
The Legal Framework For Aquifer Issues, Douglas L. Grant
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
20 pages.
Contains references.
Letter To Clerk Of Court Re: Michael Richardson, Roger J. Miner '56
Letter To Clerk Of Court Re: Michael Richardson, Roger J. Miner '56
Correspondence
No abstract provided.
Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum
Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum
Florida State University Law Review
No abstract provided.