Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Richmond (344)
- Seattle University School of Law (202)
- University of Michigan Law School (153)
- Touro University Jacob D. Fuchsberg Law Center (128)
- William & Mary Law School (46)
-
- Roger Williams University (27)
- University of Colorado Law School (27)
- Washington and Lee University School of Law (23)
- Northwestern Pritzker School of Law (22)
- Yeshiva University, Cardozo School of Law (22)
- Georgetown University Law Center (21)
- UIC School of Law (21)
- Texas A&M University School of Law (20)
- American University Washington College of Law (19)
- Fordham Law School (18)
- Boston University School of Law (15)
- Duke Law (15)
- Emory University School of Law (15)
- Cleveland State University (14)
- Penn State Dickinson Law (14)
- Chicago-Kent College of Law (13)
- Vanderbilt University Law School (13)
- New York Law School (12)
- Notre Dame Law School (12)
- St. Mary's University (12)
- The Catholic University of America, Columbus School of Law (12)
- University of Georgia School of Law (12)
- Maurer School of Law: Indiana University (11)
- Pepperdine University (11)
- Washington University in St. Louis (11)
- Keyword
-
- Supreme Court (210)
- United States Supreme Court (165)
- Constitution (100)
- Judges (73)
- Constitutional law (55)
-
- Federal (47)
- Judge (45)
- Justice (45)
- State (40)
- Courts (38)
- Judicial review (37)
- SCOTUS (36)
- New York (32)
- Defendant (31)
- Jurisprudence (30)
- Court of Appeals (28)
- History (28)
- Supreme Court of the United States (28)
- Court (26)
- Judiciary (25)
- Congress (24)
- Due process (24)
- Law (24)
- 1990) (23)
- Supreme Court Justices (23)
- Originalism (22)
- Politics (22)
- Textualism (22)
- Constitutional interpretation (21)
- Equality (21)
- Publication Year
- Publication
-
- University of Richmond Law Review (323)
- Seattle University Law Review (202)
- Touro Law Review (120)
- Michigan Law Review (86)
- Faculty Scholarship (58)
-
- Articles (48)
- Publications (26)
- Scholarly Articles (24)
- Northwestern University Law Review (21)
- Faculty Articles (16)
- Life of the Law School (1993- ) (16)
- Supreme Court Preview (15)
- Chicago-Kent Law Review (13)
- Dickinson Law Review (2017-Present) (13)
- Cardozo Law Review (12)
- Georgetown Law Faculty Publications and Other Works (12)
- Journal Articles (12)
- Law Student Publications (12)
- Scholarly Articles in Law Reviews & Journals (12)
- Faculty Publications (11)
- Fordham Law Review (11)
- Pepperdine Law Review (11)
- Scholarship@WashULaw (11)
- UIC Law Review (11)
- William & Mary Law Review (10)
- Law Faculty Publications (9)
- St. Mary's Law Journal (9)
- UIC Law Open Access Faculty Scholarship (9)
- Vanderbilt Law School Faculty Publications (9)
- Georgia Journal of International & Comparative Law (8)
- Publication Type
- File Type
Articles 1381 - 1410 of 1459
Full-Text Articles in Judges
A Psychohistorical View Of Mr. Justice Frankfurter, Andrew S. Watson
A Psychohistorical View Of Mr. Justice Frankfurter, Andrew S. Watson
Michigan Law Review
A Review of The Enigma of Felix Frankfurter by H.N. Hirsch
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, Michigan Law Review
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, Michigan Law Review
Michigan Law Review
A Review of The Court Years, 1939-1975: The Autobiography of William O. Douglas by William O. Douglas
Caseload Explosion: The Appellate Response, 16 J. Marshall L. Rev. 1 (1982), Richard Henry Mills
Caseload Explosion: The Appellate Response, 16 J. Marshall L. Rev. 1 (1982), Richard Henry Mills
UIC Law Review
No abstract provided.
Individual And Community: An Appreciation Of Mr. Justice Powell, Christina B. Whitman
Individual And Community: An Appreciation Of Mr. Justice Powell, Christina B. Whitman
Articles
When the nomination of Lewis F. Powell, Jr., to the Supreme Court of the United States was submitted to the Senate Judiciary Committee ten years ago, much was made of his extraordinary record of service to his city, his state, and his profession.1 Justice Powell's career has been a model of individual responsibility to society. His belief in the value of civic life, and in the desirability of making such a life available to everyone, has been a dominant influence in his work on the Supreme Court. In what follows, I shall attempt to define some of the assumptions with …
Potter Stewart, Terrance Sandalow
Potter Stewart, Terrance Sandalow
Articles
In the spring of 958, Justice Harold Burton informed President Eisenhower of his decision to retire at the end of the Term, but, at the President's request, withheld public announcement until the latter was ready to name a successor. In September, Eisenhower appointed Potter Stewart, who became, at age forty-three, the second youngest person to serve on the Supreme Court since the Civil War.
Justice Douglas And His Brethren: A Personal Recollection, William A. Reppy Jr.
Justice Douglas And His Brethren: A Personal Recollection, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
Preserving The Progressive Spirit In A Conservative Time: The Joint Reform Efforts Of Justice Brandeis And Professor Frankfurter, 1916-1933, David W. Levy, Bruce Allen Murphy
Preserving The Progressive Spirit In A Conservative Time: The Joint Reform Efforts Of Justice Brandeis And Professor Frankfurter, 1916-1933, David W. Levy, Bruce Allen Murphy
Michigan Law Review
On January 28, 1916, President Wilson sent the name of Louis D. Brandeis to the Senate for confirmation as a Justice of the United States Supreme Court. Wilson's act surprised many Americans and sparked one of the bitterest confirmation struggles in the history of the Republic. The nomination and the confirmation that followed also created a painful and highly personal dilemma for the new Justice. This dilemma led Brandeis to a private arrangement that opened an unusual and revealing chapter in the story of the extra judicial activities of American justices. Even more important, the arrangement constitutes a noteworthy episode …
Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum
Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum
Cardozo Law Review
No abstract provided.
Reflections On "The Nature Of The Judicial Process", Ernest Nagel
Reflections On "The Nature Of The Judicial Process", Ernest Nagel
Cardozo Law Review
More than half a century has gone by since Cardozo delivered the three series of lectures, subsequently published in three wellknown books, in which he presented his philosophy of law with impressive learning and arresting (but sometimes distracting) eloquence. His jurisprudential views as well as his judicial decisions were influential in his lifetime; and his philosophical writings continue to be read, though it is difficult to say how widely or with what effect on their readers. In any event, during the past fifty years there has been a renaissance of active interest in legal philosophy, in this country as well …
The Eighteenth-Century Background Of John Marshall's Constitutional Jurisprudence, William E. Nelson
The Eighteenth-Century Background Of John Marshall's Constitutional Jurisprudence, William E. Nelson
Michigan Law Review
This analysis of Marshall's constitutional jurisprudence avoids the pitfalls of previous theories. It does not see the Federalist political program as the source of Marshall's constitutional doctrines and thus does not need to explain how Marshall qualified his political principles or how he convinced non-Federalist judges to accept them. Instead, this essay argues that legal, not political, principles underlay Marshall's jurisprudence, but it attempts to understand those principles in a manner consistent with the unavoidable twentieth-century assumption that law is a body of flexible rules responsive to social reality rather than a series of immutable, unambiguous doctrines derived from a …
Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi
Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi
Publications
No abstract provided.
Judicial Protection Of Minorities, Terrance Sandalow
Judicial Protection Of Minorities, Terrance Sandalow
Articles
In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …
American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins
American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins
Publications
No abstract provided.
The Constitutional Right To One's Good Name: An Examination Of The Scholarship Of Mr. Justice Rehnquist, Mark Tushnet
The Constitutional Right To One's Good Name: An Examination Of The Scholarship Of Mr. Justice Rehnquist, Mark Tushnet
Kentucky Law Journal
No abstract provided.
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Articles
Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …
Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson
Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson
Scholarly Publications
No abstract provided.
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
Scholarly Publications
The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …
Jim Payne - The Man, Julian E. Savage
Jim Payne - The Man, Julian E. Savage
University of Richmond Law Review
Others will remember him as a teacher; as a colleague; as a scholar. I remember the man-a very human man-an exceptionally sensitive man. Some, who had contact with him only during the last year or two of his life, should know that illness and fatigue were then his' daily companions, forcing concessions of his time and brilliance, and making it impossible for him to give as fully of himself to his students as he had done for so many years past.
Mr. Justice Powell And The Emerging Nixon Majority, A.E. Dick Howard
Mr. Justice Powell And The Emerging Nixon Majority, A.E. Dick Howard
Michigan Law Review
In recent years, we have come to expect the debate over Supreme Court nominations to reflect ideological passions in the Government and the country at large; the Fortas, Haynsworth, and Carswell cases remain fresh in memory. In the hearings on the nominations of Lewis F. Powell, Jr., and William H. Rehnquist to the Court, Senate Democratic liberals made clear their intention to probe not only the nominees' integrity and legal qualifications, but also their judicial philosophies. It was ironic, therefore, to watch as liberal members of the Judiciary Committee, through their questions and comments at the confirmation hearings, made Powell, …
Sales-Breach Of Warranty And The Wrongful Death Statutes- Tort Concept Of Warranty Is Extende
Sales-Breach Of Warranty And The Wrongful Death Statutes- Tort Concept Of Warranty Is Extende
University of Richmond Law Review
The past few decades have seen the development of a trend in the field of products liability that has increased the protection of the ultimate consumer by expanding the duties and liabilities of the manufacturer and seller. This inclination has recently been extended by requiring manufacturers and sellers to warrant the safety of their products, and by abrogating the necessity of privity in most warranty actions. The result has increased the consumer's chance of recovery for personal injury caused by a defective product on the basis of negligence or breach of warranty. However, should the consumer die from the injury, …
Friedman And Israel: The Justices Of The United States Supreme Court, 1789-1969: Their Lives And Major Opinions, Philip B. Kurland
Friedman And Israel: The Justices Of The United States Supreme Court, 1789-1969: Their Lives And Major Opinions, Philip B. Kurland
Michigan Law Review
A Review of The Justices of the United States Supreme Court, 1789-1969: Their Lives and Major Opinions edited by Leon Friedman and Fred L. Israel
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
The American Bar Association And The Supreme Court—Old Wine In A New Bottle?, Manly Fleischmann, Ronald H. Jensen
The American Bar Association And The Supreme Court—Old Wine In A New Bottle?, Manly Fleischmann, Ronald H. Jensen
Buffalo Law Review
No abstract provided.
Two Appraisals Of The Warren Court: Introduction, North Carolina Central Law Review
Two Appraisals Of The Warren Court: Introduction, North Carolina Central Law Review
North Carolina Central Law Review
No abstract provided.
Impeach John Marshall (An Attempt Appraisal Of The Warren Court), Gilbert Nurick
Impeach John Marshall (An Attempt Appraisal Of The Warren Court), Gilbert Nurick
North Carolina Central Law Review
No abstract provided.
An Attempted Appraisal Of An Attempted Appraisal Of The Warren Court, W. Clark Hanna
An Attempted Appraisal Of An Attempted Appraisal Of The Warren Court, W. Clark Hanna
North Carolina Central Law Review
No abstract provided.
The Haynsworth Affair Reconsidered: The Significance Of Conflicting Perceptions Of The Judicial Role, Edward N. Beiser
The Haynsworth Affair Reconsidered: The Significance Of Conflicting Perceptions Of The Judicial Role, Edward N. Beiser
Vanderbilt Law Review
Between 1900 and 1968, the Senate had refused to confirm an appointee to the Supreme Court on only one occasion. Then, within a two year period, the Senate twice refused to confirm an appointment: Associate Justice Abe Fortas, nominated as Chief Justice in 1968, was never acted upon because of a Senate filibuster,and his name was withdrawn; and Judge Clement Haynsworth, whose nomination provoked a great deal of debate and controversy, was ultimately rejected by the Senate by a vote of 55 to 45. These two incidents marked a distinct change from the traditional custom of Senatorial acquiescence to Presidential …
Mr. Justice Murphy: A Political Biography. By J. Woodford Howard., Arthur Selvwyn Miller
Mr. Justice Murphy: A Political Biography. By J. Woodford Howard., Arthur Selvwyn Miller
Buffalo Law Review
No abstract provided.
On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr.
On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr.
Michigan Law Review
On that Monday in June of this year when Earl Warren removed his robe for the last time, a significant era in the history of the country, not just that of the Supreme Court, came to an end. It was in recognition of this (and somewhat in anticipation, as events turned out) that the Michigan Law Review published a symposium on the so-called "Warren Court" in its December 1968 issue. Those articles were ·written by distinguished scholars and practitioners and are of consistently high quality. All but one of them dealt with important substantive matters considered and decided by the …
The Broad Role, Robert P. Griffin
The Broad Role, Robert P. Griffin
University of Michigan Journal of Law Reform
This article will expand on two major points: first, the nature of the higher responsibility which the Senate owes to considerations of judicial nominations; and second, the factors generally influencing non-consent in the Fortas case. The purpose is not to reopen a discussion of the particularities of Justice Abe Fortas' quality for appointment as Chief Justice of the United States. Rather we will be concerned only with the types of factors influencing a Senate determination.