Judges Commons^™

State Crime In The Federal Forum, Roger J. Miner '56

Criminal Law

No abstract provided.

A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.

Memorial Service: Judge James T. Foley, Roger J. Miner '56

Judges

No abstract provided.

Caseload And Judging: Judicial Adaptations To Caseload, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Systemic Due Process: Procedural Concepts And The Problem Of Recusal, 38 U. Kan. L. Rev. 381 (1990), Paul B. Lewis

UIC Law Open Access Faculty Scholarship

No abstract provided.

Judging The Judges: Three Opinions, James Boyd White

Articles

For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision? The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …

The Gender Gap On The Federal Bench, Carl W. Tobias

Law Faculty Publications

This Commentary evaluates President George H.W. Bush's lackluster record of appointing women to the federal courts. The Commentary initially examines the relevant data on female judicial appointments and assesses why the Bush Administration has placed few women on the bench. It next recommends that President Bush name substantially more women in 1991 and 1992 and explores why and how this endeavor should be instituted. The Commentary then analyzes what the Bush Administration is likely to do about the paucity of female appointees. Because it is not clear that President Bush will place very many women on the federal courts, the …

The Federal Judiciary Engendered, Carl W. Tobias

Law Faculty Publications

The dearth of women named to cabinet level positions in the George H.W. Bush Administration does not augur well for appointment of women to the federal bench. Equally discouraging was Mr. Bush's campaign response to the question whether there should be special efforts to select more women for the federal judiciary: "[I] remain committed to appointing to the bench the best qualified candidates we can find-regardless of ... gender--and the record shows that we have been successful in fulfilling this commitment. " The record compiled by the Administration in which he served as Vice-President for two terms was deplorable.

To …

Construction On The Road To Recovery: New York Limits Loss Of Enjoyment Of Life, Bonnie Sue Goodman

Touro Law Review

No abstract provided.

Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn

Touro Law Review

No abstract provided.

Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski

Faculty Scholarship

A century ago Oliver Wendell Holmes, Jr., examined the history of negligence in search of a general theory of tort. He concluded that from the earliest times in England, the basis of tort liability was fault, or the failure to exercise due care. Liability for an injury to another arose whenever the defendant failed "to use such care as a prudent man would use under the circumstances.” A decade ago Morton J. Horwitz reexamined the history of negligence for the same purpose and concluded that negligence was not originally understood as carelessness or fault. Rather, negligence meant "neglect or failure …

The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace

Touro Law Review

No abstract provided.

The Copyrightability Of Useful Articles: The Second Circuit's Resistance To Conceptual Separability, Sally M. Donahue

Touro Law Review

No abstract provided.

A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz

Touro Law Review

No abstract provided.

Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas

Touro Law Review

No abstract provided.

Battle For Justice: How The Bork Nomination Shook America, Arthur Austin

BYU Law Review

No abstract provided.

Choosing Judges The Democratic Way, Larry Yackle

Faculty Scholarship

A generation ago, the pressing question in constitutional law was the countermajoritarian difficulty.' Americans insisted their government was a democratic republic and took that to mean rule by a majority of elected representatives in various offices and bodies, federal and local. Yet courts whose members had not won election presumed to override the actions of executive and legislative officers who had. The conventional answer to this apparent paradox was the Constitution, which arguably owed its existence to the people directly. Judicial review was justified, accordingly, when court decisions were rooted firmly in the particular text, structure, or historical backdrop of …

Regulating Judicial Misconduct And Divining "Good Behavior" For Federal Judges, Harry T. Edwards

Michigan Law Review

In recent years, we have witnessed an unprecedented number of instances in which federal judges have been accused of criminal behavior and other serious acts of misconduct. This raises major concerns regarding the scope and enforcement of canons of conduct for members of the judicial branch. It would be presumptuous for anyone to suggest a complete understanding of the notion of "good behavior" for federal judges, or to claim a fully satisfactory prescription for the problem of "judicial misconduct." That is not my object. In reflecting on these issues, however, I have come to realize that I may not share …

Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner

UIC Law Review

No abstract provided.

Ninth Circuit Resolution Proposing Repeal Of 28 U.S.C. § 1447(D), Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

Current Developments In Arbitration: Arbitrability And Punitive Damages, 22 J. Marshall L. Rev. 603 (1989), Stephen P. Bedell, Mary Beth Cyze, Donn M. Davis

UIC Law Review

No abstract provided.

Remarks: Clerks Of Judge Luther A. Wilgarten, Jr., Roger J. Miner '56

Judges

No abstract provided.

Remarks To Litigation Department, Cahill, Gordon & Reindel, Roger J. Miner '56

Law Practice

No abstract provided.

Federal Civil Appellate Practice In The United States Court Of Appeals For The Second Circuit, Roger J. Miner '56

Law Practice

No abstract provided.

A Common Law Lawyer On The Supreme Court: The Opinions Of Justice Stevens, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans

Touro Law Review

No abstract provided.

Law Clerk Handbook: A Handbook For Law Clerks To Federal Judges, Alvin B. Rubin, Laura B. Bartell

Law Faculty Research Publications

A handbook "to help law clerks understand tasks they will be asked to undertake and to perform them more effectively," and "to offer one view of practical procedures that may assist both the clerk and the judge in working together." (from the preface)

Weighted Voting, Richard David Emery ,Esq.

Touro Law Review

No abstract provided.

Testimonial Consistency: The Hobgoblin Of The Federal False Declaration Statute, Sidney Delong

Faculty Articles

This article focuses on the inconsistent statement provision of the Federal False Declaration Statute. Part I of this article identifies certain anomalous aspects of perjury that make it particularly difficult to control by threats of punishment. Perjury's resemblance to an innocent mistake creates a risk that criminal sanctions will be misapplied. These sanctions may have counterproductive effects, at times inducing people to commit perjury and at others inhibiting people from correcting inaccurate testimony that they have previously given. Part II demonstrates the way in which the conflict between the goals of deterrence and mitigation is manifested in the federal perjury …

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. .