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Articles 61 - 78 of 78
Full-Text Articles in Judges
The Judge As Political Candidate, Hans A. Linde
The Judge As Political Candidate, Hans A. Linde
Cleveland State Law Review
Judges are expected to satisfy two conflicting ideals. First, they are to follow the law without fear or favor, regardless of personal sympathies and preferences, to "adjudicate" rather than to "legislate." Second, they are to reach results that are preferred by or at least acceptable to their communities. The first ideal requires judicial independence and job security. Elective judgeships are sometimes defended as serving the second. We have gone through a third public examination of a Supreme Court nominee in which the Senate and the public considered it important to question the nominee about his views of the major issues …
Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re
Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re
Cleveland State Law Review
As a federal judge I fully appreciate the role of the judiciary in reviewing the actions of administrative agencies. Hence, I am pleased to discuss the concepts of due process, judicial review, and the rights of the individual. Since it cannot be questioned that public officers and administrative agencies vitally affect the lives and interests of all persons, it is important to know the legal controls and remedies that are available to assure that public officials act lawfully. This, of course, implies that all administrators and officers of government must act within the bounds of their delegated authority and comply …
A Government By Judges: An Historical Re-View, Michael Henry Davis
A Government By Judges: An Historical Re-View, Michael Henry Davis
Law Faculty Articles and Essays
In 1921, Edouard Lambert, a professor of law at Lyon specializing in comparative studies and founder of an Institute of Comparative Law there, published a book, Le Gouvernement des judges et la lutte contra la legislation sociale aux Etats-Unis, thus singlehandedly creating the phrase, a "government of judges", to denote a truly unconstrained system of judicial review which could not be limited even by constitutional amendment. The phrase quickly entered the parlance of French public law and even that of popular culture, deriving much of its force, no doubt, from the historical French aversion to a strong judiciary, eventually becoming …
The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis
The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis
Law Faculty Articles and Essays
A dispute burns across the landscape of French constitutional law regarding the juridical nature of the French constitutional "Supreme Court", the Conseil constitutionnel: is it a court? Both French and American scholars have claimed that, despite superficial similarities between the U.S. Supreme Court and the French Conseil constitutionnel, the American system of judicial review "can have no counterpart in the French system", that French legal and political theory is inconstistent with an effective supreme court, that there is "no possibility" that the French and American systems could surmount this "major difference", and that the Conseil is simply not a "true …
Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson
Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson
Law Faculty Articles and Essays
This article completes a two-part series studying the constitutional jurisprudence of Judges Antonin Scalia, Richard Posner, Robert Bork, Frank Easterbrook, and Ralph Winter Jr., five conservative academics appointed by President Reagan to the United States Court of Appeals. Judge Scalia has recently been appointed to the Supreme Court of the United States. In a previous article, published in the last issue of the University of Miami Law Review, I evaluated these five jurists' constitutional scholarship by contrasting their views with those of Edmund Burke, the originator of political conservative theory. That article tested Burke's wariness of political abstractions and his …
Gates, Leon, And The Compromise Of Adjudicative Fairness (Part Ii): Of Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel Jay Finer
Cleveland State Law Review
Part I examined in a dialogue form the idea that Justice White and other members of the Leon majority had prejudged issues of law in earlier cases––pre-committed themselves in violation of their duty of impartiality––by elaborating in detailed, cohesive, comprehensive opinions, reasons why existing law was incorrect and had to be changed to permit a "good-faith, objective police reasonableness" exception to the exclusionary rule. These prejudgments precluded fair consideration of the merits in Leon. Beyond that, the Leon opinion itself, considered in view of the arguments of counsel and the scholarship in currency, evinced an agenda-driven pre-commitment to its outcome; …
The Role Of A Judge In Modern Society: Some Reflections On Current Practice In Federal Appellate Adjudication, Harry T. Edwards
The Role Of A Judge In Modern Society: Some Reflections On Current Practice In Federal Appellate Adjudication, Harry T. Edwards
Cleveland State Law Review
In a recent article, I addressed one aspect of the complex of issues facing federal judges--the problems allegedly attendant upon the "bureaucratization" of the decision-making process at the appellate level. The present paper considers a different set of questions: taking as given the current organization, jurisdiction, and caseload of the federal courts, how might appellate judges alter their habits and attitudes so as to perform better their allotted tasks and how might Congress alter its own practices so as to facilitate the refinement and more effective utilization of appellate adjudication? The ensuing discussion of those topics is divided into three …
Gates, Leon, And The Compromise Of Adjudicative Fairness (Part I): A Dialogue On Prejudicial Concurrences, Joel Jay Finer
Gates, Leon, And The Compromise Of Adjudicative Fairness (Part I): A Dialogue On Prejudicial Concurrences, Joel Jay Finer
Cleveland State Law Review
This two-part Article is about certain qualities of fairness –those qualities that although subtle, are central to the idea and spirit of justice in adjudication. This Article is about how those qualities were subverted in the process by which the doctrine of United States v. Leon became law. Part I of the Article –A Dialogue on Prejudicial Concurrences–published herein, suggests that several members of the Leon majority (particularly its author, Justice White) were unable to impartially adjudicate the constitutional question because of pre-decisional gratuitous opinions (from the bench) on the subject. More specifically, the Dialogue explores the virtually unquestioned assumption …
Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone
Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone
Cleveland State Law Review
I shall examine and criticize three of the many judicial decisions in the area of law and medicine. These cases are Doe v. Bolton, Superintendent of Belchertown State School v. Saikewicz, and Rogers v. Commissioner of the Department of Mental Health. Those of you who like to think of the law as reason and justice tempered by mercy will be offended by what I have to say; but I shall be evenhanded. Those of you who think of medicine as science and art tempered by compassion will also be offended. My justification for the critical and polemical thesis I shall …
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
Cleveland State Law Review
Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
Cleveland State Law Review
Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.
Prefatory Remark, Dorothy W. Nelson
Prefatory Remark, Dorothy W. Nelson
Cleveland State Law Review
There are three prime roles the trial judge should play in clinical legal education: (1) to become involved with the education of the students, (2) to engage with students in a vigorous examination of the judicial process, and (3) to examine critically the educational process in the law schools and its relationship to the courts.
Perceptions Of Judicial Responsibility: The Views Of The Nine United States Supreme Court Justices As They Consider Claims In Fourteenth Amendment Noncriminal Cases: A Post-Bakke Evaluation, Arthur R. Landever
Law Faculty Articles and Essays
In this article, the author sketches each Justice by examining his expressed attitudes and silent concurrences in fourteenth amendment noncriminal cases, as well as his remarks in other, non-court settings. While judicial behavioralists have employed quantitative techniques focusing upon analysis of voting records, the author believes that use of the lawyer's traditional method--case and opinion examination-is more appropriate here. Each Justice's composite should tell us not only something about the individual Justice's views, but also something about the views of key blocs on the Court. By such an effort, we learn more about the range of the possible in urging …
Justice Harold H. Burton And The Work Of The Supreme Court, David N. Atkinson
Justice Harold H. Burton And The Work Of The Supreme Court, David N. Atkinson
Cleveland State Law Review
Harold H. Burton served for thirteen years on the United States Supreme Court during a turbulent period of innovative constitutional policymaking. Hard working and open-minded, he was inevitably involved in the cross currents of small group interaction within the Supreme Court. Consequently, the purpose of this essay -relying on law clerk questionnaires and interviews -is to describe and evaluate his intra-Court behavior.
Abuse Of Attorneys By Judges, Francis G. Homan Jr.
Abuse Of Attorneys By Judges, Francis G. Homan Jr.
Cleveland State Law Review
Popular notions have it that almost all misconduct in the courtroom is attributable to attorneys. Yet many practitioners before the bar have suffered abuse by members of the judiciary. How frequently this occurs is not known, but sometimes incidents of non-judicial conduct are revealed in other than case reports.
The Judicial Process, Lee E. Skeel
The Judicial Process, Lee E. Skeel
Cleveland State Law Review
The judicial process is that technique by which coherent direction of thought on the basic principles of social rights and duties is made available for judicial officers. It is the duty of such officers diligently to seek out the rules which must be used as the bases of judgment. The sources from which they must seek help are as wide and varied as the sum total of past and present human experience.
Book Review, Anthony R. Fiorette
Book Review, Anthony R. Fiorette
Cleveland State Law Review
Reviewing Vern Countryman, Douglas of the Supreme Court, A Selection of His Opinions, Doubleday & Company, Inc., 1959
Book Review, Marcella Matejka
Book Review, Marcella Matejka
Cleveland State Law Review
Reviewing Alpheus Thomas Mason, Harlan Fiske Stone: Pillar of the Law, The Viking Press, 1956