Judges Commons^™

An American Original, Ronald L. Carlson

Scholarly Works

This is one of many articles tributing Judge Myron H. Bright in recognition of thirty years of service on the United States Court of Appeals for the Eighth Circuit. This article describes Professor Carlson's relationship with Judge Bright and details Judge Bright's career.

Judge Friendly And The Law Of Securities Regulation: The Creation Of A Judicial Reputation, Margaret V. Sachs

Scholarly Works

Few judges are more revered than the late Henry J. Friendly, a member of the United States Court of Appeals for the Second Circuit from 1959 to 1986. Leading jurists and scholars have described him as "one of our wisest judges," "a legend in his own time," "the most remarkable legal mind of his generation," "the pre-eminent appellate judge of his era," and "the most distinguished judge in this country during his years on the bench."

Are great judicial reputations-like great literary and scientific reputations- also shaped by contingencies? Or does the legal profession for some reason stand apart? This …

Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda

LLM Theses and Essays

Judicial review is a judicial action that involves the review of an inferior legislative or executive act for conformity with a higher legal norm, with the possibility that the inferior norm may be invalidated or suspended if necessary. Although judicial review has been explicitly provided for in some written post-independence African constitutions, such review has not developed into a significant principle of African juridical democracy. This lack of development can be attributed to the emergence of dictatorships in the post-colonial era. However, Malawi’s weak judiciary system was remedied by the 1994 Constitution which gave the Malawian judiciary a central position, …

International Jurisdiction In Products Liability Cases (Analysis Of Asahi And Post-Asahi Cases), Tsutomu Kuribayashi

LLM Theses and Essays

With the increase of foreign trade, there has also been an increase in the number of foreign manufacturers and distributors involved in product liability litigation in the United States. In many cases, the products from these foreign manufacturers and distributors reach the forum states through the stream of commerce, and are distributed to the customers by regional distributors, wholesalers, and retailers. Therefore, in many product liability cases where defective products from these foreign manufacturers and distributors cause injuries to people in the United States, those foreign companies do not have a direct relationship with the forum states. In these cases, …

The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot

LLM Theses and Essays

Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …

Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro

LLM Theses and Essays

Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …

The Georgia Jury And Negligence: The View From The Trenches, R. Perry Sentell Jr.

Scholarly Works

This is the third part of a project devoted to analyzing the Georgia negligence jury. The project employed as its original point of departure the extensive Chicago Jury Study of the 1960s, directed by Chicago Law Professor Harry Kalven, Jr. That Study's immortality derives principally from its famous first premise: Meaningful evaluation of the jury system must originate from within the system itself. That premise propelled Professor Kalven through a massive national survey of trial judges. The judges' responses, under Kalven's insightful analysis, yielded an unprecedented profile of the American jury. In foundational fashion, those responses indelibly etched into legal …

Justice Blackmun, Federalism, And Separation Of Powers, Dan T. Coenen

Scholarly Works

On June 8, 1970, Harry A. Blackmun took his seat on the Supreme Court bench. Few then foresaw that, in the ensuing twenty-three terms of the Court, Justice Blackmun would make contributions to American law that rank no less than monumental. Justice Blackmun has become best known for his landmark opinion in Roe v. Wade and his increasingly pointed defense of libertarian and egalitarian values. During his long tenure on the Court, however, Justice Blackmun also quietly has shaped the law of constitutional federalism and separation of powers.

This reality first came to my attention in 1987, when I received …

The Georgia Jury And Negligence: The View From The Bench, R. Perry Sentell Jr.

Scholarly Works

It is virtually impossible to think seriously about torts and not think of negligence; it is virtually impossible to think seriously about negligence and not think of the jury. The staples of the common-law negligence system--striking a liability profile, and assessing a causal loss--are the staples of the civil jury province. The historic inevitableness of the fact, however, has never put the matter beyond reflection, scrutiny, reconsideration, challenge, nor controversy. Assuredly, controversy.

Judicial Recusation In The Fedearl Republic Of Germany, Sigmund A. Cohn

Scholarly Works

The much debated problem of the qualification of judges has two aspects: First, the general qualification of an individual to be a judge and, second, his qualification to be a judge in a specific case. The second aspect, the qualification to be a judge in a specific case, has recently become the object of special attention. The problem has been stated with cogence and breadth by Mr. Justice Frankfurter. The breath of this state lies in the demand that the administration of justice should not only be disinterested in fact but should also reasonably appear to be so. The objective …

The Power Of District Judges And The Responsibility Of Courts Of Appeals, Paul D. Carrington

Georgia Law Review

FOR some years, the most prestigious commentator on federal practice, Charles A. Wright, has been expressing concern about the apparent evolution of the relation between trial and appellate courts, particularly in the federal judicial system. With his distinguished colleague, Leon Green, he has deplored the fact that "the appellate courts have drawn unto themselves practically all the power of the judicial system."  Although sympathetic with the desires of appellate judges to achieve right results in cases coming before them, Professor Wright urges that this desire has too often been permitted to predominate, that our appellate judges have too often failed …

The Appellate Judiciary Of Georgia And Contempt Out Of Court, D. Greir Stephenson, Jr.

Georgia Law Review

TO state the obvious, contempt of court is a broad topic, and this article is not the place for an exhaustive treatment of the various types of contempt-civil and criminal, direct and indirect. Instead, the focus is on one variety of indirect or constructive contempt: that arising from criticism of a judge, spoken or written outside the courtroom. To limit the subject in such a way precludes discussion of other inter- estng aspects of contempt law, but perhaps the advantages gained from sharp perspective and clear concentration more than offset the disadvantages incurred from a narrowed concern.The law of constructive …

A Tribute To Chief Judge Tuttle, Earl Warren

Georgia Law Review

It is entirely fitting that this new and lively journal of the law should be paying tribute to Judge Elbert P. Tuttle. For though he has relinquished his position as Chief Judge of the United States Court of Appeals for the Fifth Circuit because of the statutory age limit he continues to serve that court and to stand for what is young and vibrant and progressive in his State, in the South and throughout the country. I am honored to have been invited to add my few words in praise of a great Judge.

Judge Tuttle came to the federal …

Chief Judge Tuttle And The Fifth Circuit, John M. Wisdom

Georgia Law Review

Before putting pen to paper I asked two men who have worked closely with Elbert Tuttle how, in a word, they would describe his outstanding quality. One of the men is the Deputy Clerk of Court for the Fifth Circuit; the other is a member of our court. The overburdened Deputy Clerk somehow remembered that Judge Tuttle's first opinion concerned electric motors. He hesitated a moment, then answered, "Judge Tuttle's been going like an electric motor ever since his first opinion back in October 1954." Our brother judge did not hesitate. "I can give it to you in one word: …