Judges Commons^™

Judge Picking, Abner J. Mikva

Michigan Law Review

A Review of God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History by Laurence H. Tribe

Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy

Michigan Law Review

A Review of Justices and Presidents: A Political History of Appointments to the Supreme Court (2d edition) by Henry J. Abraham

The Iconoclast As Reformer: Jerome Frank's Impact On American Law, Matthew W. Frank

Michigan Law Review

A Review of The Iconoclast as Reformer: Jerome Frank's Impact on American Law by Robert Jerome Glennon

A "Capacity For Outrage": The Judicial Odyssey Of J. Skelly Wright And On Courts And Democracy: Selected Nonjudicial Writings Of J. Skelly Wright, Alan M. Koschik

Michigan Law Review

A Review of A "Capacity for Outrage": The Judicial Odyssey of J. Skelly Wright by Arthur Selwyn Miller and A Review of On Courts and Democracy: Selected Nonjudicial Writings of J. Skelly Wright edited by Arthur Selwyn Miller

Statesman Of The Old Republic, Craig Joyce

Michigan Law Review

A Review of Supreme Court Justice Joseph Story: Statesman of the Old Republic by R. Kent Newmyer

Protecting The Independence Of Administrative Law Judges: A Model Administrative Law Judge Corps Statute, Karen Y. Kauper

University of Michigan Journal of Law Reform

This Note concludes that the federal government should adopt some form of central panel system to protect both the independence of the ALJs and the public interest. Part I of this Note presents several alternatives to the central panel systems that have been proposed in past years and discusses their inadequacies. Part II summarizes the arguments concerning the central panel system of administrative adjudication. Part III discusses several of the integral elements of a central panel system and analyzes the state statutes and the proposed federal legislation in light of these elements. Finally, Part IV proposes a model statute for …

Does Doctrine Matter?, Frederick Schauer

Michigan Law Review

A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi

Is The Burger Court Really Like The Warren Court?, Paul Bender

Michigan Law Review

A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi

Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review

Michigan Law Review

A Review of Toward Increased Judicial Activism: The Political Role of the Supreme Court by Arthur Selwyn Miller

Brandeis, Michigan Law Review

Michigan Law Review

A Review of Brandeis by Lewis J. Paper

Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, Philip Soper

Book Chapters

Confronted with standards beyond those obvious in purpose and rule, the positivist, says Dworkin, has two choices. He must either claim that such standards are only discretionary and hence not legally binding, or he may concede their binding status and argue that he identifies them as legal standards through reference, in some more complex way, to his theoretical master test.

There is, however, a third possibility. The positivist might admit that some standards bind judges but explain that they play a role in the legal system sufficiently different from that of ordinary rules and principles to justify excluding them from …

The Judicial Opinion And The Poem: Ways Of Reading, Ways Of Life, James Boyd White

Michigan Law Review

This paper is an essay in what I want to call the poetics of the law. I begin with a largely autobiographical account of what seems to me a striking similarity in the ways in which poetry and law once were taught - and to some degree still are taught, though perhaps less comfortably so. My first object is to suggest some connections: between these two kinds of thought and expression; between the ways in which we are habituated to read texts of each sort; and between the dilemmas that confront readers and critics in each field. In doing these …

Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers

Articles

A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …

Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum

Michigan Law Review

What is to be learned from this review of the various analyses offered in dissenting tax opinions over the past five terms of the Supreme Court? When the Court has decisively interpreted narrow or technical language in the statute, dissenters all too often indulge in lengthy analyses that can only serve to create further confusion. Only when the Court focuses on a judicially made rule or an issue with constitutional implications is a broader dissent appropriate. If dissenters generally adhered to the guidelines set forth at the outset of this Article the tax world would, I believe, be at least …

Improving Jury Deliberations: A Reconsideration Of Lesser Included Offense Instructions, Michael D. Craig

University of Michigan Journal of Law Reform

This Note approves of efforts to avoid hung juries by giving lesser included offense instructions but opposes those instructions that restrict juror decisions and coerce minority jurors. Rather, this Note offers a lesser included offense instruction that promotes flexibility and jury compromise without undermining the deliberative process. Part I describes the problem of hung juries and how courts have tried to prevent them with restrictive lesser included offense instructions. Part II analyzes the coercive impact of restrictive lesser included offense instructions and concludes that an instruction conditioning deliberations upon individual juror disagreement better promotes compromises on the merits while reducing …

Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer

University of Michigan Journal of Law Reform

This Note advocates that federal courts review state criminal convictions in habeas corpus proceedings when lesser included offense instructions are available under state law but were not given. Part I demonstrates that granting such review conforms to the modern jurisdictional scope of federal collateral review because failure to give the instructions undermines the fact-finding function of juries and is therefore unconstitutional. Part II analyzes the proper standard of review and determines that the federal interest in protecting the reliability of the fact-finding process should prevail over any conflicting state interest in refusing to give lesser included offense instructions. Part II …

The Politics Of Judicial Reform, Michigan Law Review

Michigan Law Review

A Review of The Politics of Judicial Reform edited by Philip L. Dubois

American Court Management: Theories And Practices, Michigan Law Review

Michigan Law Review

A Review of American Court Management: Theories and Practices by David J. Saari

Judicial Reform: Setting The Prairies Afire, Monroe G. Mckay

Michigan Law Review

A Review of A Blueprint for Judicial Reform edited by Patrick B. McGuigan and Randall R. Rader

Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson

Michigan Law Review

A Review of Earl Warren: A Public Life by G. Edward White, and Super Chief: Earl Warren and His Supreme Court--A Judicial Biography by Bernard Schwartz

Of Standards For Extra-Judicial Behavior, Russell R. Wheeler

Michigan Law Review

A Review of The Brandeis/Frankfurter Connection: The Secret Political Activities of Two Supreme Court Justices by Bruce Allen Murphy

Louis D. Brandeis And The Progressive Tradition, Michigan Law Review

Michigan Law Review

A Review of Louis D. Brandeis and the Progressive Tradition by Melvin I. Urofsky

Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller

Michigan Law Review

A Review of The Passive Judiciary by Abraham S. Goldstein

An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador

University of Michigan Journal of Law Reform

The recent litigation explosion presents a two-pronged dilemma for American appellate courts. If, on the one hand, the number of appellate judges is not expanded to keep abreast of growing case loads, there is a risk that courts will rely too heavily on professional staff, thereby watering down the decision-making process. If, on the other hand, the number of judges is proportionately increased with the growth in appellate litigation, the number of three-judge decisional units will also increase, thereby threatening predictability and uniformity in the law of the jurisdiction. This Article undertakes to explain that dilemma and to offer a …

Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper

University of Michigan Journal of Law Reform

The purpose of this Article is to explore these issues in light of Sacramento's experience with the expedited appeal procedure. The data presented here are drawn from an evaluation of the first twelve months of the procedure's operation. This evaluation was based on court records of the more than one hundred cases that followed the expedited procedure to completion, in-person interviews with members of the court and court staff, and telephone interviews with participating attorneys. Part I briefly sets out the new procedure and the context in which this procedure was introduced and integrated. Part II discusses the conclusions that …

Law Clerks And The Judicial Process: Perceptions Of The Qualities And Functions Of Law Clerks In American Courts, Michigan Law Review

Michigan Law Review

A Review of Law Clerks and the Judicial Process: Perceptions of the Qualities and Functions of Law Clerks in American Courts by John B. Oakley and Robert S. Thompson

Psycho-Enigmatizing Felix Frankfurter, Eugene Gressman

Michigan Law Review

A Review of The Enigma of Felix Frankfurter by H.N. Hirsch

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

On The Craft And Philosophy Of Judging, James L. Oakes

Michigan Law Review

A Review of The Ways of a Judge: Reflections from the Federal Appellate Bench by Frank M. Coffin

Judicial Reform And The Pound Conference Of 1976, J. Clifford Wallace

Michigan Law Review

A Review of The Pound Conference: Perspectives on Justice in the Future edited by A. Leo Levin and Russell R. Wheeler