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Articles 421 - 450 of 507
Full-Text Articles in Judges
From Judge To Dean: Reflections On The Bench And The Academy, David F. Levi
From Judge To Dean: Reflections On The Bench And The Academy, David F. Levi
Faculty Scholarship
In July of 2007, having served nearly seventeen years as a United States District Judge with chambers in Sacramento, California, I moved to Durham, North Carolina, to become the fourteenth dean of the Duke University Law School. I would concede that in the grand scheme of things such a transition must be deemed unremarkable. Lawyers have become soldiers, presidents, artists, and inn keepers. Judges have left the bench to do much the same. Nonetheless, in the somewhat closed worlds of the federal bench and the legal academy, at a time when the two worlds have seemed to drift apart, such …
Harvard And Yale Ascendant: The Legal Education Of The Justices From Holmes To Kagan, Patrick J. Glen
Harvard And Yale Ascendant: The Legal Education Of The Justices From Holmes To Kagan, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
With the nomination of Elena Kagan to be a justice of the United States Supreme Court, it is quite possible that eight of the nine justices will have graduated from only two law schools—Harvard and Yale. This article frames this development in the historical context of the legal education of those justices confirmed between 1902 and 2010. What this historical review makes clear is that the Ivy League dominance of the Supreme Court is a relatively recent occurrence whose beginnings can be traced to Antonin Scalia’s 1986 confirmation. Prior to that time, although Harvard and Yale were consistently represented among …
Dedication Of Issue To Chief Justice Thomas R. Fitzgerald, 42 J. Marshall L. Rev. Xxiii (2009), Editorial Board 2008-2009
Dedication Of Issue To Chief Justice Thomas R. Fitzgerald, 42 J. Marshall L. Rev. Xxiii (2009), Editorial Board 2008-2009
UIC Law Review
No abstract provided.
Fitness For Purpose: Mandatory Continuing Legal Ethics Education For Lawyers, Jocelyn Downie, Richard Devlin
Fitness For Purpose: Mandatory Continuing Legal Ethics Education For Lawyers, Jocelyn Downie, Richard Devlin
Articles, Book Chapters, & Popular Press
The authors argue that if we want lawyers to be fit for the purpose of practicing law, and law societies to be fit for the purpose of regulating in the public interest, then it is incumbent upon the Canadian legal profession to adopt programmes of compulsory legal ethics education (CLEE). In support of this argument the authors: provide several reasons why Canadians might be concerned about the ethical fitness of lawyers and law societies; analyse several arguments both in supporting and resisting CLEE; suggest several strategies for overcoming the ethical indolence of the legal profession; and draw inspiration from recent …
Reflections On Recommendation 12, Naiomi Metallic
Reflections On Recommendation 12, Naiomi Metallic
Reports & Public Policy Documents
This article focuses on the Marshall Commission Report’s specific recommendation for increased representation of racialized persons within the judiciary.
Law Clerk Influence On Supreme Court Decision Making: An Empirical Assessment, Todd C. Peppers, Christopher Zorn
Law Clerk Influence On Supreme Court Decision Making: An Empirical Assessment, Todd C. Peppers, Christopher Zorn
Scholarly Articles
Here, we undertake the first effort at assessing the existence and extent of law clerk influence in the U.S. Supreme Court. Drawing upon original survey data on the political ideology of 532 former law clerks, we evaluate the extent to which both the Justice's personal policy preferences and those of his or her law clerks exert an independent influence on the Justice's votes. While our results are preliminary, they nonetheless support the contention that--over and above "selection effects" due to Justices choosing like-minded clerks--clerks' ideological predilections exert an additional, and not insubstantial, influence on the Justices' decisions on the merits. …
A Significant Symposium, Roger J. Miner '56
A Significant Symposium, Roger J. Miner '56
New York Law School Events and Publications
No abstract provided.
In Restraint Of Trade: The Judicial Law Clerk Hiring Plan, Mark W. Pletcher, Ludovic C. Ghesquiere
In Restraint Of Trade: The Judicial Law Clerk Hiring Plan, Mark W. Pletcher, Ludovic C. Ghesquiere
University of Colorado Law Review
In an effort to bring order to what has historically been a chaotic process, federal judges and law schools implemented the Judicial Law Clerk Hiring Plan in 2002, prohibiting all students except those in their third year of law school from applying for federal clerkships. However, there is a serious problem with the Law Clerk Hiring Plan: it is an unreasonable restraint of trade. In this article, we explore the history of the Law Clerk Hiring Plan and analyze whether it would survive traditional antitrust scrutiny. We conclude that the Plan is an unreasonable restraint of trade. Further, based upon …
The Anxiety Of The Law Student At The Socratic Impasse - An Essay On Reductionism In Legal Education, Pierre Schlag
The Anxiety Of The Law Student At The Socratic Impasse - An Essay On Reductionism In Legal Education, Pierre Schlag
Publications
No abstract provided.
Howard T. Markey, Sherman L. Cohn
Howard T. Markey, Sherman L. Cohn
Georgetown Law Faculty Publications and Other Works
Chief Judge, jet test pilot and Air Force General, lead partner in a highly-respected law firm, law teacher, law dean and sought-after lecturer, Howard T. Markey packed into a single life four distinguished careers, any one of which would merit biographical attention. His early years, however, did not show the promise of what later occurred - or perhaps it did.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Introduction: The Jurisprudence Of Justice Stevens Symposium, William Michael Treanor
Introduction: The Jurisprudence Of Justice Stevens Symposium, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
Fordham Law School opened its doors on September 28, 1905, a school with ten students and six faculty members. That day marked a great beginning, and on September 28, 2005, we began a year-long celebration of Fordham Law's history and the law school community's remarkable achievements over 100 years. The heart of any great academic institution is, of course, academics, and, as part of the centennial celebration, we are hosting an extraordinary series of conferences. This issue of the Fordham Law Review presents the papers produced by the first of the year's conferences, the Symposium on the jurisprudence of Justice …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett
The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett
Cardozo Law Review
No abstract provided.
Foreword, Helen Meyer
Foreword, Helen Meyer
William Mitchell Law Review
The William Mitchell Law Review has decided once again to dedicate one issue of this annual volume to Recent Decisions of the Minnesota Supreme Court. This issue reviews some of the court’s more important decisions from the 2003-04 term. If tradition is honored, the articles and notes you find in these pages will be thorough, well-written, and thoughtful in their analysis of each decision. This annual review is a tradition that gives our legal community a wonderful opportunity to publicly comment on the work of the court. This public testing of the court’s work is a healthy part of the …
Remarks, Unveiling Of The Portrait Of Judge Roger J. Miner '56, Roger J. Miner '56
Remarks, Unveiling Of The Portrait Of Judge Roger J. Miner '56, Roger J. Miner '56
New York Law School Events and Publications
No abstract provided.
Constitutional Sunsetting?: Justice O'Connor's Closing Comments On Grutter, Vikram David Amar, Evan H. Caminker
Constitutional Sunsetting?: Justice O'Connor's Closing Comments On Grutter, Vikram David Amar, Evan H. Caminker
Articles
Most Supreme Court watchers were unsurprised that Justice Sandra Day O'Connor's vote proved pivotal in resolving the University of Michigan affirmative action cases; indeed, Justice O'Connor has been in the majority in almost every case involving race over the past decade, and was in the majority in each and every one of the 5-4 decisions the Court handed down across a broad range of difficult issues last Term. Some smaller number of observers were unsurprised that Justice O'Connor decided (along with the four Justices who in the past have voted to allow latitude with regard to race-based affirmative action programs) …
Hercules, Omniscience, Omnipotence, And The Right Answer Thesis, Michael B. W. Sinclair
Hercules, Omniscience, Omnipotence, And The Right Answer Thesis, Michael B. W. Sinclair
NYLS Law Review
No abstract provided.
A Reply--The Missing Portion, Pierre Schlag
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.
A Moment In The Times: Law Professors And The Court-Packing Plan, Kyle Graham
A Moment In The Times: Law Professors And The Court-Packing Plan, Kyle Graham
Journal of Legal Education
No abstract provided.
Beyond Interpretation, Pierre Schlag
The Inside Scoop: What Federal Judges Really Think About The Way Lawyers Write, Kristen Konrad Robbins-Tiscione
The Inside Scoop: What Federal Judges Really Think About The Way Lawyers Write, Kristen Konrad Robbins-Tiscione
Georgetown Law Faculty Publications and Other Works
A recent survey indicates that what troubles federal judges most is not what lawyers say but what they fail to say when writing briefs. Although lawyers do a good job articulating legal issues and citing controlling, relevant legal authority, they are not doing enough with the law itself. Only fifty-six percent of the judges surveyed said that lawyers “always” or “usually” make their client’s best arguments. Fifty-eight percent of the judges rated the quality of the legal analysis as just “good,” as opposed to “excellent” or “very good.” The problem seems to be that briefs lack rigorous analysis, and the …
Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles
Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Cls 2001, Jeremy Paul
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
Scholarly Works
This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.
Judicial Education And Training In Asia And The Pacific, J. Clifford Wallace
Judicial Education And Training In Asia And The Pacific, J. Clifford Wallace
Michigan Journal of International Law
This article first explains the chart in Appendix II, which summarizes important parts of the survey responses. Then, some general observations are made based on the results of the survey illustrating the significance of the compiled data. Finally, some recommendations are made, based upon the author's and others' experience, about the future direction of judicial education and training programs as it relates to establishing or reforming such programs in the Asia/Pacific region and beyond.
In Brief, Spring/Summer 1999, New York Law School
In Brief, Spring/Summer 1999, New York Law School
New York Law School In Brief
No abstract provided.
No Vehicles In The Park, Pierre Schlag