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Articles 1021 - 1050 of 1296
Full-Text Articles in Judges
Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater
Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater
The Journal of Appellate Practice and Process
No abstract provided.
Judiciary School: A Proposal For A Pre-Judicial Ll.M. Degree, Marc T. Amy
Judiciary School: A Proposal For A Pre-Judicial Ll.M. Degree, Marc T. Amy
Journal of Legal Education
No abstract provided.
Judges As Altruistic Hierarchs, Lynn A. Stout
Judges As Altruistic Hierarchs, Lynn A. Stout
Cornell Law Faculty Publications
No abstract provided.
Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis
Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis
Articles
This Article offers a retrospective on the Rehnquist Court. It argues that the Rehnquist Court has been pursuing a coherent jurisprudence that invigorates decentralization and the private ordering of social norms that Alexis De Tocqueville celebrated in Democracy in America as being the essence of the social order generated by our original Constitution. In four disparate areas-federalism, freedom of association, the religion clauses, and the balance of power between juries and judges-the Court is helping sustain a civil order that bubbles up from state governments or from citizens voluntarily gathered together or randomly selected. The Article is the first to …
Beyond Interpretation, Pierre Schlag
Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich
Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich
Articles
This Essay begins by analyzing the way American legal theory has failed to adequately address the challenges and insights of grammatology, the philological critique of the language of law initiated with Jacques Derrida's work Of Grammatology. Professor Goodrich traces the form that this failed confrontation took and then outlines how this philological critique ought to inform a study of law. Importantly for Professor Goodrich, the grammatological approach to law provides ways of analyzing not just the written legal text, but also the effects of new media technologies on the law more broadly. The changes in the law brought about by …
Why Judges Don't Like Petitions For Rehearing, Richard S. Arnold
Why Judges Don't Like Petitions For Rehearing, Richard S. Arnold
The Journal of Appellate Practice and Process
Petitions for en banc rehearings are rarely granted. A Senior Judge for the United States Court of Appeals for the Eighth Circuit provides a history and reasoning of the rehearing process and his personal observations on those petitions and processes in today's court.
Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser
Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser
Cardozo Law Review
No abstract provided.
Cls 2001, Jeremy Paul
Lilies Of The Field: A Critique Of Adjudication, Anthony Paul Farley
Lilies Of The Field: A Critique Of Adjudication, Anthony Paul Farley
Cardozo Law Review
No abstract provided.
Adjudication And Transformation: Out Of The Heart Of Darkness, Dennis M. Davis
Adjudication And Transformation: Out Of The Heart Of Darkness, Dennis M. Davis
Cardozo Law Review
No abstract provided.
Denial: Not Just A River In Egypt, Gary Minda
Denial: Not Just A River In Egypt, Gary Minda
Cardozo Law Review
No abstract provided.
A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety
A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety
Cardozo Law Review
No abstract provided.
Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier
Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The practice of unpublished decisions and their precedential value causes much controversy. The practice of unpublished opinions creates a solution for how to deal effectively with heavy caseloads. Electronic databases make unpublished decisions readily available, which removes any secrecy that critics fear. Unpublished opinions are treated in one of three ways by the courts. In addition, three pragmatic issues are created by allowing opinions to go unpublished: 1) the availability of these decisions, 2) the quality of the reasoning in unpublished decisions, and 3) the treatment of unpublished opinions as precedent.
Politics And Denial, Pierre Schlag
Terry Firma: Background Democracy And Constitutional Foundations, Frank I. Michelman
Terry Firma: Background Democracy And Constitutional Foundations, Frank I. Michelman
Michigan Law Review
Ages ago, I had the excellent luck to fall into a collaboration with Terrance Sandalow to produce a casebook now long forgotten. There could have been no more bracing or beneficial learning experience for a fledgling legal scholar (meaning me). What brought us together indeed was luck from my standpoint, but it was enterprise, too - the brokerage of an alert West Publishing Company editor picking up on a casual remark of mine as he made one of his regular sweeps through Harvard Law School. A novice law professor, I mentioned to him how much I admired a new essay …
Assessing The New Judicial Minimalism, Christopher J. Peters
Assessing The New Judicial Minimalism, Christopher J. Peters
All Faculty Scholarship
In this article, which has been published in slightly revised form at 100 Colum. L. Rev. 1454 (2000), I critique some recently prominent arguments for "judicial minimalism" in constitutional decisionmaking. Current minimalist arguments, I contend, are primarily "policentric," that is, focused on the role the judiciary can play in bolstering the accountability and deliberativeness of the political branches. Drawing in part on a previous article, I offer an alternative approach to minimalism that is "juricentric" - focused on the inherent democratic legitimacy of the adjudicative process and the unique competence of that process to produce decisions about individual rights. I …
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Michigan Law Review
Many in the legal profession have abandoned the great questions of legal process. This is too bad. How a decision is reached can be as important as what the decision is. In an increasingly diverse country with many competing visions of the good, it is critical for law to aspire to agreement on process - a task both more achievable than agreement on substance and more suited to our profession than waving the banners of ideological truth. By process, I mean the institutional routes by which we in America reach our most crucial decisions. In other words, process is our …
Deciphering Courts Of Appeals Decisions Using The U.S. Courts Of Appeals Data Base, Tracey E. George, Reginald S. Sheehan
Deciphering Courts Of Appeals Decisions Using The U.S. Courts Of Appeals Data Base, Tracey E. George, Reginald S. Sheehan
Vanderbilt Law School Faculty Publications
Is one circuit significantly more conservative or liberal than the others? Do circuit courts consistently avoid deciding the substance of certain appeals by concluding that the plaintiffs lack standing? Have state governments been more successful than other parties when they appeal adverse district court rulings? Do appeals courts act in a majoritarian or countermajoritarian manner with regard to elected institutions and the general public? The United States Courts of Appeals Data Base, an extensive data set of courts of appeals decisions, can address these and other questions about the circuit courts. This article describes the background, scope, and content of …
Playing On Words: Judge Richard A. Posner's Appellate Opinions, 1981-82--Ruminations On Sexy Judicial Opinion Style During An Extraordinary Rookie Season, Robert F. Blomquist
Playing On Words: Judge Richard A. Posner's Appellate Opinions, 1981-82--Ruminations On Sexy Judicial Opinion Style During An Extraordinary Rookie Season, Robert F. Blomquist
Law Faculty Publications
No abstract provided.
Classical Legal Naturalism And The Politics Of John Marshall's Constitutional Jurisprudence, 33 J. Marshall L. Rev. 935 (2000), Robert Lowry Clinton
Classical Legal Naturalism And The Politics Of John Marshall's Constitutional Jurisprudence, 33 J. Marshall L. Rev. 935 (2000), Robert Lowry Clinton
UIC Law Review
No abstract provided.
Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson
Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson
UIC Law Review
No abstract provided.
Text And Principle In John Marshall's Constitutional Law: The Cases Of Marbury And Mcculloch, 33 J. Marshall L. Rev. 973 (2000), Sylvia Snowiss
Text And Principle In John Marshall's Constitutional Law: The Cases Of Marbury And Mcculloch, 33 J. Marshall L. Rev. 973 (2000), Sylvia Snowiss
UIC Law Review
No abstract provided.
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer
UIC Law Review
No abstract provided.
Recovering The World Of The Marshall Court, 33 J. Marshall L. Rev. 781 (2000), G. Edward White
Recovering The World Of The Marshall Court, 33 J. Marshall L. Rev. 781 (2000), G. Edward White
UIC Law Review
No abstract provided.
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
UIC Law Review
No abstract provided.
Comments On Clinton: Reconsidering The Role Of Natural Law In John Marshall's Jurisprudence, 33 J. Marshall L. Rev. 1141 (2000), James W. Ely
UIC Law Review
No abstract provided.
Rebalancing Professor Ely's Reappraisal Of The Marshall Court And Property Rights, 33 J. Marshall L. Rev. 1165 (2000), Stephen A. Siegel
Rebalancing Professor Ely's Reappraisal Of The Marshall Court And Property Rights, 33 J. Marshall L. Rev. 1165 (2000), Stephen A. Siegel
UIC Law Review
No abstract provided.
Marbury, Mcculloch, Gore And Bush: A Comment On Sylvia Snowiss, 33 J. Marshall L. Rev. 1157 (2000), Stephen B. Presser
Marbury, Mcculloch, Gore And Bush: A Comment On Sylvia Snowiss, 33 J. Marshall L. Rev. 1157 (2000), Stephen B. Presser
UIC Law Review
No abstract provided.
Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton
Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton
UIC Law Review
No abstract provided.