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Articles 451 - 480 of 507
Full-Text Articles in Judges
A More Complete Look At Complexity, Jeffrey W. Stempel
A More Complete Look At Complexity, Jeffrey W. Stempel
Scholarly Works
The ability of courts to successfully resolve complex cases has been a matter of contentious debate, not only for the last quarter-century, but for most of the twentieth century. This debate has been part of the legal landscape at least since Judge Jerome Frank's polemic book from which this Symposium derives its title, and probably since Roscoe Pound's famous address to the American Bar Association. During the 1980s and 1990s in particular, the battlelines of the pro-and anti-court debate have been brightly drawn. Some commentators, most reliably successful plaintiffs' counsel and politically liberal academics, defend the judicial track record in …
Playing Defense, Robert F. Nagel
Playing Defense, Robert F. Nagel
Publications
Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.
In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …
Why We Honor John Marshall - A Brief Retrospective, 29 J. Marshall L. Rev. 567 (1996), Arthur J. Sabin
Why We Honor John Marshall - A Brief Retrospective, 29 J. Marshall L. Rev. 567 (1996), Arthur J. Sabin
UIC Law Review
No abstract provided.
Success At The Bar, Roger J. Miner '56
The Chaotic Pseudotext, Paul F. Campos
New York Law School Reporter, Vol 11, No. 2, October 1995, New York Law School
New York Law School Reporter, Vol 11, No. 2, October 1995, New York Law School
Student Newspapers
No abstract provided.
Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg
Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg
Faculty Scholarship
Justice Rosalie Wahl is well-known as the first woman to be appointed to the Minnesota Supreme Court, but she has made a lesser known, yet critical, contribution to the quality and effectiveness of legal education in this country. As chair of the American Bar Association's Section on Legal Education and Admissions to the Bar, Wahl created the MacCrate Commission. The MacCrate Report charts the way for improvement in law school teaching and learning, and the discussion following the report lead to the creation of an ABA Commission to take testimony and review the ABA Accreditation Standards. Wahl also chaired this …
Anti-Intellectualism, Pierre Schlag
Judicial Opinions As Binding Law And As Explanations For Judgments, Thomas W. Merrill
Judicial Opinions As Binding Law And As Explanations For Judgments, Thomas W. Merrill
Cardozo Law Review
To what extent does the executive branch have autonomous powers of legal interpretation? The issue is often broadly framed in terms of two disparate understandings of the allocation of interpretative power: "judicial supremacy" and "departmentalism." In this paper, I shall speak of two different understandings of judicial opinions: the idea that judicial opinions (or at least the "holdings" of opinions) are legally binding on actors in the executive branch, and the idea that opinions are, from the perspective of executive actors, merely explanations for judicial judgments. I adopt this locution because it focuses more precisely on the core of the …
Motley Is Distinguished Jurist In Residence, Lauren K. Robel
Motley Is Distinguished Jurist In Residence, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Clerks In The Maze, Pierre Schlag
Clerks In The Maze, Pierre Schlag
Michigan Law Review
It must be very difficult to be a judge - particularly an appellate judge. Not only must appellate judges reconcile often incommensurable visions of what law is, what it commands, or what it strives to achieve, but judges must do this largely alone. What little help they have in terms of actual human contact, apart from their clerks, typically takes the form of two or more advocates whose entire raison d'être is to persuade, coax, and manipulate the judge into reaching a predetermined outcome - one which often instantiates or exemplifies only the most tenuous positive connection to the rhetoric …
New York Law School Reporter, V. 10, No. 4, February 25, 1993, New York Law School
New York Law School Reporter, V. 10, No. 4, February 25, 1993, New York Law School
Student Newspapers
No abstract provided.
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Three Mistakes About Interpretation, Paul Campos
Clerks In The Maze, Pierre Schlag
Cultural Literacy And The Adversary System: The Enduring Problems Of Distrust, Misunderstanding And Narrow Perspective, Jeffrey W. Stempel
Cultural Literacy And The Adversary System: The Enduring Problems Of Distrust, Misunderstanding And Narrow Perspective, Jeffrey W. Stempel
Scholarly Works
The meandering road to discovery reform illustrates, among other things, the ineffectiveness of an atomized profession that lacks either sufficient understanding of the adversary system or the resources and forcefulness to address the practical impact of adversarialism. In some ways, lawyers reforming litigation can be characterized as poorer investigators than the sixsome who examined the elephant. The elephant sleuths were guilty of isolation and ignorance. Lawyers and policy makers not only exhibit a lack of information and empathy, but also often show an unwarranted distrust of or contempt for the elements of the profession with which they disagree. Unfortunately, however, …
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.
Writing For Judges, Pierre Schlag
The New York Law School Reporter, Vol 8, No. 2, May 1991, New York Law School
The New York Law School Reporter, Vol 8, No. 2, May 1991, New York Law School
Student Newspapers
No abstract provided.
A Profession At Risk, Roger J. Miner '56
A Profession At Risk, Roger J. Miner '56
Lawyers and the Legal Profession
No abstract provided.
Ringing The Bell, Roger J. Miner '56
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Law Practice
No abstract provided.
The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz
The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
The New York Law School Reporter, V 6, No. 6, May 1989, New York Law School
The New York Law School Reporter, V 6, No. 6, May 1989, New York Law School
Student Newspapers
Vol 6, no. IV
This Newspaper contains:
Tenure Controversy Escalates, page 1
Public Interest Scholarship Fund Takes Off, page 1
(Almost) Everything You Always Wanted to Know About the Tenure Process but Were Afraid to Ask, page 4
IRAC, page 5
Muck-Wrestling, page 7
An Assault on Gun Control, page 12
Moot Court Association, page 17
Passion For Justice, Martha L. Minow, Elizabeth V. Spelman
Passion For Justice, Martha L. Minow, Elizabeth V. Spelman
Cardozo Law Review
No abstract provided.
Chief Justice Nominee Outlines Legal Trends, Brigette Panarisi
Chief Justice Nominee Outlines Legal Trends, Brigette Panarisi
Bryant Garth (1986-1987 Acting; 1987-1990)
No abstract provided.
Rehnquist Frayed Feather In Iu Law School's Cap?, Mike Leonard
Rehnquist Frayed Feather In Iu Law School's Cap?, Mike Leonard
Bryant Garth (1986-1987 Acting; 1987-1990)
No abstract provided.
Rehnquist Might Dedicate Law Library, David A. Lytle
Rehnquist Might Dedicate Law Library, David A. Lytle
Bryant Garth (1986-1987 Acting; 1987-1990)
No abstract provided.
"Convention" And Critique, Drucilla Cornell