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Articles 241 - 270 of 321
Full-Text Articles in Judges
The Supreme Court’S View Of Science: Has Daubert Exorcised The Certainty Demon?, Bert Black
The Supreme Court’S View Of Science: Has Daubert Exorcised The Certainty Demon?, Bert Black
Cardozo Law Review
The Supreme Court's mandate in Daubert that experts who give testimony based on science must confine themselves to valid scientific knowledge seems tautologically obvious, and hardly an issue requiring the attention of the nation's nine highest judges. The debate that led to Daubert was generated, however, by opponents of judicial screening who argued that holding experts to scientific standards somehow imposes an undue burden of proof on plaintiffs, especially in toxic tort cases - and the Supreme Court's decision has not put the issue completely to rest. Science, according to this "relaxed standards" argument, demands certainty far beyond the law's …
Impeachment By Conviction Evidence: Judicial Discretion And The Politics Of Rule 609, Victor Gold
Impeachment By Conviction Evidence: Judicial Discretion And The Politics Of Rule 609, Victor Gold
Cardozo Law Review
No provision of the Federal Rules of Evidence has sparked more controversy than Rule 609, which deals with the admissibility of convictions to impeach a witness. When first proposed, the provision was the subject of fierce debate, sparking repeated revision during its drafting and while it was under consideration by Congress. Ultimately, no one side in this legislative battle prevailed entirely; the Rule strikes a compromise between sharply conflicting policies. The text of Rule 609, incorporating no less than three balancing tests, two references to fairness, one to justice, and several other undefined terms, leaves the task of resolving the …
After Daubert: Going Forward With Lessons From The Past, Marc S. Klein
After Daubert: Going Forward With Lessons From The Past, Marc S. Klein
Cardozo Law Review
Ground zero in the ongoing battle over scientific evidence in toxic tort cases has clearly shifted in light of Daubert v. Merrell Dow Pharmaceuticals, Inc. In that case, the Supreme Court settled at least two profound issues. One has immediate practical consequences, the other has important philosophical implications.
Table Of Contents - Cardozo Law Review, Volume 15, Issues 6-7
Table Of Contents - Cardozo Law Review, Volume 15, Issues 6-7
Cardozo Law Review
No abstract provided.
Judge Charles Edward Clark Edited By Peninah Petruck, Peter Charles Hoffer
Judge Charles Edward Clark Edited By Peninah Petruck, Peter Charles Hoffer
Cardozo Law Review
For everyone who knew him while he lived and everyone whose career or education he touched, Charles Edward Clark (1889-1963) was a presence almost larger than life. A shade under six feet tall, with a bullfrog voice, barrel chest, and broad shoulders, he could not be missed in a crowd. A man whose habits and opinions had an "allor-nothing quality" during a critical era for legal education and government-lawyer relations, Clark's presence seemed to fill the law school he led and the bench on which he sat.
Pierre Schlag’S “The Problem Of The Subject”: Law’S Need For An Analyst, David S. Caudill
Pierre Schlag’S “The Problem Of The Subject”: Law’S Need For An Analyst, David S. Caudill
Cardozo Law Review
Pierre Schlag's book-length law review article, The Problem of the Subject, sets out to reveal, and succeeds in revealing, nothing - Schlag reveals a gap or void in contemporary legal philosophy with respect to the subject. Of course, the subject (for now, the "I" or self or individual) can be found in legal theory-people reflect on law, make law, and obey or break the law-but legal theorists generally avoid the question of who the subject is. Thus, accounts of the subject are rare in legal scholarship, and the problems that such accounts would raise are generally evaded. Of course, …
The Illegitimacy Of The Extrajudicial Source Requirement For Judicial Disaqualification Under 28 U.S.C. § 455(A), Adam J. Safer
The Illegitimacy Of The Extrajudicial Source Requirement For Judicial Disaqualification Under 28 U.S.C. § 455(A), Adam J. Safer
Cardozo Law Review
According to 28 U.S.C. § 455(a), a judge shall disqualify himself from presiding over "any proceeding in which his impartiality might reasonably be questioned." Judicial disqualification under § 455(a) arises from a number of disparate situations, including a judge's financial conflict of interest and a judge's appearance of bias or prejudice. This Note focuses on judicial disqualification for bias under § 455(a) and the questionable legitimacy of a judicially created doctrine known as the "extrajudicial source requirement." The extrajudicial source requirement allows a judge to deny a disqualification motion based on bias if the judge's alleged bias arises solely from …
A Stalwart At The Bar, Arthur Norman Field
A Stalwart At The Bar, Arthur Norman Field
Cardozo Law Review
The New York legal community that Jack Bums found upon his admission to the Bar in 1932 was not given to welcoming all comers. It was changing rapidly. To many leaders of the Bar the change was not a positive one.
Judicial Opinions As Binding Law And As Explanations For Judgments, Thomas W. Merrill
Judicial Opinions As Binding Law And As Explanations For Judgments, Thomas W. Merrill
Cardozo Law Review
To what extent does the executive branch have autonomous powers of legal interpretation? The issue is often broadly framed in terms of two disparate understandings of the allocation of interpretative power: "judicial supremacy" and "departmentalism." In this paper, I shall speak of two different understandings of judicial opinions: the idea that judicial opinions (or at least the "holdings" of opinions) are legally binding on actors in the executive branch, and the idea that opinions are, from the perspective of executive actors, merely explanations for judicial judgments. I adopt this locution because it focuses more precisely on the core of the …
Would Vince Lombardi Have Been Right If He Had Said: “When It Comes To Redistricting, Race Isn’T Everything, It’S The Only Thing”?, Bernard Grofman
Would Vince Lombardi Have Been Right If He Had Said: “When It Comes To Redistricting, Race Isn’T Everything, It’S The Only Thing”?, Bernard Grofman
Cardozo Law Review
No abstract provided.
A Further Word Against Consensus, John O. Mcginnis
A Further Word Against Consensus, John O. Mcginnis
Articles
In their Response to my Essay, Professors Strauss and Sunstein not only take issue with a few of my arguments but also suggest a measure of consensus between their views and mine on the confirmation process.1 While I very much appreciate their proffer of half an olive branch, upon reflection I believe that the differences between us concerning the confirmation process remain very great and illustrate even more profound differences concerning the premises and structure of our republican Constitution.
The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis
The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis
Articles
No abstract provided.
Comment, Agnes Heller
The Code Of The Moral, Niklas Luhmann
Hermeneutics And Constitutional Interpretation, Aharon Barak
Hermeneutics And Constitutional Interpretation, Aharon Barak
Cardozo Law Review
No abstract provided.
A Philosophical Reconstruction Of Judicial Review, Carlos Santiago Nino
A Philosophical Reconstruction Of Judicial Review, Carlos Santiago Nino
Cardozo Law Review
No abstract provided.
John D. Appel, Leslie Berman
Forensic Expertise In Dutch Criminal Procedure, Johannes F. Nijboer
Forensic Expertise In Dutch Criminal Procedure, Johannes F. Nijboer
Cardozo Law Review
No abstract provided.
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Articles
No abstract provided.
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Articles
No abstract provided.
Violence And Justice: Baudelaire's Assommons Les Pauvres!, Jonathan Culler
Violence And Justice: Baudelaire's Assommons Les Pauvres!, Jonathan Culler
Cardozo Law Review
Roundtable - The Call to the Ethical: Deconstruction, Justice and the Ethical Relationship - Group 1
Everything Great Stands In The Storm That Blows From Paradise, David Farrell Krell
Everything Great Stands In The Storm That Blows From Paradise, David Farrell Krell
Cardozo Law Review
No abstract provided.
“The Prophet Stumbles”: Brandies, The Bill Of Rights, And Prohibition, Natalie Wexler
“The Prophet Stumbles”: Brandies, The Bill Of Rights, And Prohibition, Natalie Wexler
Cardozo Law Review
No abstract provided.
What Dna “Fingerprinting” Can Teach The Law About The Rest Of Forensic Science, Michael J. Saks, Jonathan J. Koehler
What Dna “Fingerprinting” Can Teach The Law About The Rest Of Forensic Science, Michael J. Saks, Jonathan J. Koehler
Cardozo Law Review
No abstract provided.
Freeing Literary And Artistic Expression During The Sixties: The Role Of Justice William J. Brennan, Jr., Edward De Grazia
Freeing Literary And Artistic Expression During The Sixties: The Role Of Justice William J. Brennan, Jr., Edward De Grazia
Cardozo Law Review
No abstract provided.
Judicial Asceticism, Larry Kramer
Foreword, David Rudenstine
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Cardozo Law Review
No abstract provided.
Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein
Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein
Cardozo Law Review
No abstract provided.
Comment: Legal Process And Judges In The Real World, Peter L. Strauss
Comment: Legal Process And Judges In The Real World, Peter L. Strauss
Cardozo Law Review
No abstract provided.