Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (51)
- Constitutional Law (29)
- Jurisprudence (25)
- Legal History (19)
- Supreme Court of the United States (18)
-
- Criminal Law (16)
- Law and Politics (15)
- Law and Society (12)
- Litigation (12)
- State and Local Government Law (12)
- Civil Rights and Discrimination (11)
- Administrative Law (10)
- Legal Ethics and Professional Responsibility (10)
- Legislation (10)
- Civil Procedure (8)
- Civil Law (7)
- Common Law (7)
- Criminal Procedure (7)
- Legal Profession (7)
- Fourteenth Amendment (6)
- Public Law and Legal Theory (6)
- Agency (5)
- Business Organizations Law (5)
- Immigration Law (5)
- Labor and Employment Law (5)
- Law and Philosophy (5)
- Public Interest (5)
- Securities Law (5)
- Keyword
-
- Judges (31)
- Judicial Appointment (15)
- Judicial Selection (15)
- Nominating (10)
- Nominating Committee (10)
-
- Nomination (10)
- Supreme Court (9)
- Judge (7)
- George bundy smith (6)
- New york state court (6)
- Tribute (6)
- Accountability (5)
- Commission (5)
- Congress (5)
- Independence (5)
- Judicial performance (5)
- Legitimacy (5)
- Supreme court (5)
- Commissions (4)
- Judicial independence (4)
- Principles (4)
- Representativeness (4)
- Transparency (4)
- Civil Rights Act of 1866 (3)
- Civil War (3)
- Constitution (3)
- Corporate Law (3)
- Ethics (3)
- New York (3)
- Pennsylvania (3)
- Publication Year
- Publication
- Publication Type
Articles 151 - 155 of 155
Full-Text Articles in Judges
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Faculty Scholarship
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …
Judicial Overload: The Reasons And The Remedies , Maria Marcus
Judicial Overload: The Reasons And The Remedies , Maria Marcus
Faculty Scholarship
Animosity towards lawyers, perennial in our social history long before Watergate, parallels a contradictory and equally persistent belief in judges as problem-solvers for a variety of personal, economic, educational and political ills. An increasing number of litigants are bringing to the courts not only the class of disputes that has been the traditional fare of judicial decision-making, but also an array of issues that were formerly resolved in private meetings, at hospitals, in schools, or at home. The causes of this explosion of lawsuits and the possible buffers to an eventual implosion in our judicial system will be discussed below
Judicial Selection In New York: A Need For Change, James Edward Lozier
Judicial Selection In New York: A Need For Change, James Edward Lozier
Fordham Urban Law Journal
On February 27, 1974 Chief Judge Charles D. Breitel of the New York State Court of Appeals addressed the New York Legislature regarding the "State of the Judiciary and Judicial System" and presented dramatic proposals for the reform of the New York state court system. In resurrecting the problem of court reform, the Chief Judge focused in part on one particularly controversial area-the selection of the judiciary. New Yorkers, as well as many other Americans, have become increasingly cognizant of the problem of inefficient administration of the judicial system by some of our nation's state and federal judges. A full …
Federal Magistrates And The Implications Of Consensual References, Eileen J. Mccabe
Federal Magistrates And The Implications Of Consensual References, Eileen J. Mccabe
Fordham Urban Law Journal
The significance of the magistrate in the efficient operation of the federal court system makes it important to analyze the extent of the magistrate's powers as well as the limitations placed thereon. This note will examine the matters which may properly be referred to a magistrate and the standard of review which is used when the magistrate's decision goes before the district court. A major consideration in this discussion will be whether parties, by their consent, can expand the scope of magistrate's powers.
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Faculty Scholarship
IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …