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Articles 151 - 166 of 166
Full-Text Articles in Judges
Politcs And The Courts: A Positive Theory Of Judicial Doctrine And The Rule Of Law, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast
Politcs And The Courts: A Positive Theory Of Judicial Doctrine And The Rule Of Law, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast
Faculty Scholarship
No abstract provided.
Rediscovering Conservatism: Burkean Political Theory & Constitutional Interpretation, Ernest A. Young
Rediscovering Conservatism: Burkean Political Theory & Constitutional Interpretation, Ernest A. Young
Faculty Scholarship
Recent decisions of the Rehnquist Court--particularly the Court's 1992 decision in Planned Parenthood v. Casey--have caused many to question widely-held assumptions about the meaning of judicial conservatism. In this article, Ernest Young argues that the views of the modern judicial "conservatives" such as Judge Robert Bork and Justice Antonin Scalia are antithetical to classical conservative political theory, as exemplified by the writings and speeches of the eighteenth-century British philosopher/politician Edmund Burke. In particular, Mr. Young argues that strict adherence to the original understanding of the Constitution, judicial deference to democratic majorities, and formulation of legal directives as bright-line rules are …
Enslaved To Judicial Supremacy?, H. Jefferson Powell
Enslaved To Judicial Supremacy?, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
The Hushed Case Against A Supreme Court Appointment: Judge Parker's "New South" Constitutional Jurisprudence, 1925-1933, Peter G. Fish
The Hushed Case Against A Supreme Court Appointment: Judge Parker's "New South" Constitutional Jurisprudence, 1925-1933, Peter G. Fish
Faculty Scholarship
No abstract provided.
Judges, Lawyers And The Penalty Of Death, Michael E. Tigar
Judges, Lawyers And The Penalty Of Death, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Original Understanding And The Constitution, Michael E. Tigar
Original Understanding And The Constitution, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Apartheid And The South African Judiciary, Lawrence G. Baxter
Apartheid And The South African Judiciary, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Book Review, Thomas D. Rowe Jr.
Behind Closed Doors, Peter G. Fish
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.
Should Federal Appellate Judges Help Select Their Colleagues?, Peter G. Fish
Should Federal Appellate Judges Help Select Their Colleagues?, Peter G. Fish
Faculty Scholarship
No abstract provided.
Fairness And Natural Justice In English And South African Law, Lawrence G. Baxter
Fairness And Natural Justice In English And South African Law, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Questioning Judicial Candidates: What Can Merit Selectors Ask?, Peter G. Fish
Questioning Judicial Candidates: What Can Merit Selectors Ask?, Peter G. Fish
Faculty Scholarship
No abstract provided.
Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar
Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar
Faculty Scholarship
Foreword to Harvard Law Review review of Supreme Court 1969 Term
Book Review, Michael E. Tigar
Book Review, William W. Van Alstyne
Book Review, William W. Van Alstyne
Faculty Scholarship
This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.