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Articles 1321 - 1350 of 1459
Full-Text Articles in Judges
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Publications
No abstract provided.
Advice, Consent, And Influence, Robert F. Nagel
The Supreme Court In Politics., Terrance Sandalow
The Supreme Court In Politics., Terrance Sandalow
Reviews
Despite all that has been written about the bitter struggle initiated by President Reagan's nomination of Robert Bork to a seat on the Supreme Court, its most remarkable feature, that it was waged over a judicial appointment, has drawn relatively little comment. Two hundred years after the Philadelphia Convention, Hamilton's "least dangerous" branch - least dangerous because it would have "no influence over either the sword or the purse, no direction either of the strength or the wealth of the society, and can take no active resolution whatever"'-had come to occupy so important a place in the nation's political life …
Justice Harlan's Conservatism And Altenative Possibilities, Kent Greenawalt
Justice Harlan's Conservatism And Altenative Possibilities, Kent Greenawalt
Faculty Scholarship
Bruce Ackerman and Charles Fried's rich essays address the subject of Justice Harlan as a conservative. One who comes to this topic has in mind questions like: Was Justice Harlan a conservative? If so, what kind of a conservative was he? How did his judicial actions exemplify a conservative approach? Most importantly, is his conservatism an appealing model for modern judicial practice?
Professors Ackerman and Fried's slices on this topic reflect their own casts of mind and philosophies of judging. Fried looks at a broad range of Justice Harlan's opinions and sets them against particular conservative qualities that Fried commends. …
The Parable As Legal Scholarship, G. Edward White
The Parable As Legal Scholarship, G. Edward White
Michigan Law Review
A Review of Two Jewish Justices: Outcasts in the Promised Land by Robert Burt
Choosing Judges The Democratic Way, Larry Yackle
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 …
Fourth Amendment, William E. Hellerstein
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Touro Law Review
No abstract provided.
First Amendment, Burt Neuborne
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Touro Law Review
No abstract provided.
Weighted Voting, Richard David Emery ,Esq.
Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore
Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore
Touro Law Review
No abstract provided.
"Bad" Judicial Activism And Liberal Federal-Courts Doctrine: A Comment On Professor Doernberg And Professor Redish, Jack M. Beermann
"Bad" Judicial Activism And Liberal Federal-Courts Doctrine: A Comment On Professor Doernberg And Professor Redish, Jack M. Beermann
Faculty Scholarship
JUDUCIAL ACTIVISM IS often portrayed as a liberal vice. This perception is wrong both historically and, as Professor Redish argues, 3 currently as well. The federal judiciary has been and still is an activist institution, working with both substantive law and jurisdictional rules to achieve its own policy goals. It has done this in statutory, constitutional, and common-law matters. Specifically, the Supreme Court of the United States has actively-shaped the jurisdiction of the federal courts in a restrictive and generally conservative manner.
Professors Doernberg4 and Redish attack this last form of activism by the federal courts, activism in shaping …
Justice Cardozo, One-Ninth Of The Supreme Court, Milton Handler, Michael Ruby
Justice Cardozo, One-Ninth Of The Supreme Court, Milton Handler, Michael Ruby
Cardozo Law Review
No abstract provided.
Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr.
Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr.
Cardozo Law Review
No abstract provided.
Judicial Process As An Empirical Study: A Comment On Justice Brennan's Essay, Charles M. Yablon
Judicial Process As An Empirical Study: A Comment On Justice Brennan's Essay, Charles M. Yablon
Cardozo Law Review
No abstract provided.
Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby
Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby
UIC Law Review
No abstract provided.
Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich
Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich
Touro Law Review
No abstract provided.
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Touro Law Review
No abstract provided.
Addendum: Civil Rights In Jeopardy, Eileen R. Kaufman, Martin A. Schwartz
Addendum: Civil Rights In Jeopardy, Eileen R. Kaufman, Martin A. Schwartz
Touro Law Review
No abstract provided.
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Touro Law Review
No abstract provided.
An Anti-Antitrust Activist?; Podium, Robert H. Lande
An Anti-Antitrust Activist?; Podium, Robert H. Lande
All Faculty Scholarship
No abstract provided.
Judicial Trial Skills Training, Stephen M. Simon, Bertrand Poritsky
Judicial Trial Skills Training, Stephen M. Simon, Bertrand Poritsky
Journal of Legal Education
No abstract provided.
Judges Or Scholars: To Whom Shall We Look For Our Constitutional Law?, Andrew L. Kaufman
Judges Or Scholars: To Whom Shall We Look For Our Constitutional Law?, Andrew L. Kaufman
Journal of Legal Education
No abstract provided.
The Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, 62 Notre Dame L. Rev. 151 (1987), Donald L. Beschle
The Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, 62 Notre Dame L. Rev. 151 (1987), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Book Review, Thomas D. Rowe Jr.
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
Publications
No abstract provided.
American Indians And The Bicentennial, Richard B. Collins
American Indians And The Bicentennial, Richard B. Collins
Publications
No abstract provided.
Strict Constructionism And The Strike Zone, Douglas O. Linder
Strict Constructionism And The Strike Zone, Douglas O. Linder
Faculty Works
No abstract provided.
Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein
Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein
Touro Law Review
No abstract provided.