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Articles 31 - 60 of 168
Full-Text Articles in Judges
Employment Division V. Smith At The Supreme Court: The Justices, The Litigants, And The Doctrinal Discourse, Marci A. Hamilton
Employment Division V. Smith At The Supreme Court: The Justices, The Litigants, And The Doctrinal Discourse, Marci A. Hamilton
Cardozo Law Review
No abstract provided.
Acontextual Judicial Review, Louis Michael Seidman
Acontextual Judicial Review, Louis Michael Seidman
Cardozo Law Review
No abstract provided.
Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer
Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer
Cardozo Law Review
No abstract provided.
The Four Pillars Of Constitutional Doctrine, Suzanna Sherry
The Four Pillars Of Constitutional Doctrine, Suzanna Sherry
Cardozo Law Review
No abstract provided.
Mandatory Minimalism, Erik Luna, Paul G. Cassell
Mandatory Minimalism, Erik Luna, Paul G. Cassell
Cardozo Law Review
No abstract provided.
Law And Humor In Johnnie To's Justice, My Foot!, Marco Wan
Law And Humor In Johnnie To's Justice, My Foot!, Marco Wan
Cardozo Law Review
No abstract provided.
Opinion Writing And Opinion Readers, Ruggero J. Aldisert, Meehan Rasch, Matthew P. Bartlett
Opinion Writing And Opinion Readers, Ruggero J. Aldisert, Meehan Rasch, Matthew P. Bartlett
Cardozo Law Review
No abstract provided.
Conflicts Between General Laws And Religious Norms, Dieter Grimm
Conflicts Between General Laws And Religious Norms, Dieter Grimm
Cardozo Law Review
No abstract provided.
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan Klein
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan Klein
Cardozo Law Review
This symposium essay explores the impact of Rita, Gall, and Kimbrough on state and federal sentencing and plea bargaining systems. The Court continues to try to explain how the Sixth Amendment jury trial right limits legislative and judicial control of criminal sentencing. Equally important, the opposing sides in this debate have begun to form a stable consensus. These decisions inject more uncertainty in the process and free trial judges to counterbalance prosecutors. Thus, we predict, these decisions will move the balance of plea bargaining power back toward criminal defendants.
The Role Of Judges In A Government Of, By, And For The People: Notes For The Fifty-Eighth Cardozo Lecture, Jack B. Weinstein
The Role Of Judges In A Government Of, By, And For The People: Notes For The Fifty-Eighth Cardozo Lecture, Jack B. Weinstein
Cardozo Law Review
No abstract provided.
Ars Inventio, Poetic Laws: Law And Literature - The And, Thanos Zartaloudis
Ars Inventio, Poetic Laws: Law And Literature - The And, Thanos Zartaloudis
Cardozo Law Review
This paper introduces a general philosophical matheme of an investigation of 'law and literature.' It claims that the experience of literature is an encounter that outlives the reader and the normative demand for an understanding. This matheme is read through Badiou's thoughts on poetry and the staging of ill-saying. Literature is approached from the enigma of dictation or the sphinx. This event is neither biographical nor a 'mere' linguistic event, but rather a zone of indifference where both experience their reciprocal desubjectivization. Law destines human life to transmit a holy transcendental patrimony that wishes to dictate. In contrast, the experience …
Who Decides? A Critical Look At Procedural Discretion, Robert G. Bone
Who Decides? A Critical Look At Procedural Discretion, Robert G. Bone
Cardozo Law Review
No abstract provided.
Which Constitution? Who Decides?: The Problem Of Judicial Supremacy And The Interbranch Solution, Robert Justin Lipkin
Which Constitution? Who Decides?: The Problem Of Judicial Supremacy And The Interbranch Solution, Robert Justin Lipkin
Cardozo Law Review
No abstract provided.
Judicial Balancing In Times Of Stress: Comparing The American, British, And Israeli Approaches To The War On Terror, Michel Rosenfeld
Judicial Balancing In Times Of Stress: Comparing The American, British, And Israeli Approaches To The War On Terror, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
What We Talk About When We Talk About Death, Joseph Brooker
What We Talk About When We Talk About Death, Joseph Brooker
Cardozo Law Review
No abstract provided.
The Lawless Adjudicator, Robin West
The Failure And Beginnings Again, Milner S. Ball
The Failure And Beginnings Again, Milner S. Ball
Cardozo Law Review
No abstract provided.
The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett
The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett
Cardozo Law Review
No abstract provided.
Merit Vs. Ideology, Michael J. Gerhardt
Recess Appointments Of Article Iii Judges: Three Constitutional Questions, Edward A. Hartnett
Recess Appointments Of Article Iii Judges: Three Constitutional Questions, Edward A. Hartnett
Cardozo Law Review
No abstract provided.
Dress Rehearsal Politics And The Case Of Earmarked Judicial Nominees, David A. Yalof
Dress Rehearsal Politics And The Case Of Earmarked Judicial Nominees, David A. Yalof
Cardozo Law Review
No abstract provided.
In Defense Of Filibustering Judicial Nominations, Catherine Fisk, Erwin Chemerinsky
In Defense Of Filibustering Judicial Nominations, Catherine Fisk, Erwin Chemerinsky
Cardozo Law Review
No abstract provided.
Judicial Selection: Ideology Versus Character, Lawrence B. Solum
Judicial Selection: Ideology Versus Character, Lawrence B. Solum
Cardozo Law Review
No abstract provided.
Should Ideology Matter In Selecting Federal Judges?: Ground Rules For The Debate, Dawn E. Johnsen
Should Ideology Matter In Selecting Federal Judges?: Ground Rules For The Debate, Dawn E. Johnsen
Cardozo Law Review
No abstract provided.
Supermajority Rules And The Judicial Confirmation Process, John O. Mcginnis, Michael B. Rappaport
Supermajority Rules And The Judicial Confirmation Process, John O. Mcginnis, Michael B. Rappaport
Cardozo Law Review
No abstract provided.
Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law
Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law
Cardozo Law Review
No abstract provided.
Judicial Selection And Democratic Theory: Demand, Supply, And Life Tenure, Judith Resnik
Judicial Selection And Democratic Theory: Demand, Supply, And Life Tenure, Judith Resnik
Cardozo Law Review
How ought a democracy select its judges? Critics in Canada, England, and Wales invoke the democratic values of accountability and transparency to call for a diminution in prime ministerial control over judicial appointments. In the United States, Article III of the Constitution's text directs that the President nominate - with the advice and consent of the Senate - life-tenured federal judges. Bitter conflicts about particular nominees have produced many proposals for changes of that system. And in those states that rely on various forms of judicial election, concerns focus on funding and campaigning. In short, both globally and locally, democracies …
Constitutional Law As Political Spoils, William P. Marshall
Constitutional Law As Political Spoils, William P. Marshall
Cardozo Law Review
No abstract provided.
Unequalled Among Firsts, Peter L. Giunta
On The Road: The Supreme Court And The History Of Circuit Riding, Joshua Glick
On The Road: The Supreme Court And The History Of Circuit Riding, Joshua Glick
Cardozo Law Review
No abstract provided.