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Articles 1141 - 1170 of 1296
Full-Text Articles in Judges
Pre-Figuration And Evaluation, Pierre Schlag
Pre-Figuration And Evaluation, Pierre Schlag
Publications
In this response to Professor Rubin, Professor Schlag argues that a prescriptive theory of evaluation does not free an evaluator from the bias inherent in his own pre-figurations. On the contrary, the belief that better evaluative criteria will advance the cause of fairer evaluation is itself an effect of flawed and unrationalized pre-figurations of conventional legal thought. Professor Schlag argues that the evaluation question and its attendant disputes arise from a more significant development--the unraveling of the dominant paradigm of legal thought, the decomposition of normative legal thought.
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.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Touro Law Review
No abstract provided.
Freedom Of Speech And The Press
Ineffective Assistance Of Counsel
Writing For Judges, Pierre Schlag
Muncipal Law, Honorable Leon D. Lazer
Judicial Asceticism, Larry Kramer
Foreword, David Rudenstine
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Cardozo Law Review
No abstract provided.
My Pizza With Ninó, Alex Kozinski
Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman
Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman
Cardozo Law Review
No abstract provided.
Tradition, Precedent, And Justice Scalia, David A. Strauss
Tradition, Precedent, And Justice Scalia, David A. Strauss
Cardozo Law Review
No abstract provided.
Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar
Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar
Cardozo Law Review
No abstract provided.
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Touro Law Review
No abstract provided.
A Tribute To Peter S. Popovich, James F. Hogg
A Tribute To Peter S. Popovich, James F. Hogg
Faculty Scholarship
A tribute to Peter S. Popovich, Chief Justice of the Minnesota Supreme Court 1989-1990 and William Mitchell College of Law alumni.
Right-To-Die, Bruce Morton
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …
The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel
The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel
Scholarly Works
No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often examine …
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
The First Amendment, Burt Neuborne
Affirmative Action, Douglas Scherer, John Dunne
Affirmative Action, Douglas Scherer, John Dunne
Touro Law Review
No abstract provided.