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Articles 121 - 150 of 244
Full-Text Articles in Judges
Of Standards For Extra-Judicial Behavior, Russell R. Wheeler
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
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
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
Law Clerks And The Judicial Process: Perceptions Of The Qualities And Functions Of Law Clerks In American Courts, Michigan Law Review
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
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
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
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
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
American Trial Judges, Michigan Law Review
American Trial Judges, Michigan Law Review
Michigan Law Review
A Review of American Trial Judges by John Paul Ryan, Allan Ashman, Bruce D. Sales, and Sandra Shane-DuBow
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, Michigan Law Review
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, Michigan Law Review
Michigan Law Review
A Review of The Court Years, 1939-1975: The Autobiography of William O. Douglas by William O. Douglas
Thoughts About Judging, Henry J. Friendly
Thoughts About Judging, Henry J. Friendly
Michigan Law Review
A Review of The Judge by Patrick Devlin
Preserving The Progressive Spirit In A Conservative Time: The Joint Reform Efforts Of Justice Brandeis And Professor Frankfurter, 1916-1933, David W. Levy, Bruce Allen Murphy
Preserving The Progressive Spirit In A Conservative Time: The Joint Reform Efforts Of Justice Brandeis And Professor Frankfurter, 1916-1933, David W. Levy, Bruce Allen Murphy
Michigan Law Review
On January 28, 1916, President Wilson sent the name of Louis D. Brandeis to the Senate for confirmation as a Justice of the United States Supreme Court. Wilson's act surprised many Americans and sparked one of the bitterest confirmation struggles in the history of the Republic. The nomination and the confirmation that followed also created a painful and highly personal dilemma for the new Justice. This dilemma led Brandeis to a private arrangement that opened an unusual and revealing chapter in the story of the extra judicial activities of American justices. Even more important, the arrangement constitutes a noteworthy episode …
How Liberated Was Judge Jerome Frank?, Michael E. Smith
How Liberated Was Judge Jerome Frank?, Michael E. Smith
Michigan Law Review
A Review of A Man's Reach: The Philosophy of Judge Jerome Frank edited by Barbara Frank Kristein
The Eighteenth-Century Background Of John Marshall's Constitutional Jurisprudence, William E. Nelson
The Eighteenth-Century Background Of John Marshall's Constitutional Jurisprudence, William E. Nelson
Michigan Law Review
This analysis of Marshall's constitutional jurisprudence avoids the pitfalls of previous theories. It does not see the Federalist political program as the source of Marshall's constitutional doctrines and thus does not need to explain how Marshall qualified his political principles or how he convinced non-Federalist judges to accept them. Instead, this essay argues that legal, not political, principles underlay Marshall's jurisprudence, but it attempts to understand those principles in a manner consistent with the unavoidable twentieth-century assumption that law is a body of flexible rules responsive to social reality rather than a series of immutable, unambiguous doctrines derived from a …
Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, E. Philip Soper
Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, E. Philip Soper
Michigan Law Review
This article offers a review of the Hart-Dworkin dispute and a qualified defense of the positivist's model against Dworkin's attack. The defense is cast primarily in the form of the second possible response to a descriptive theory: Dworkin's attack fails, I suggest, because it involves descriptive claims that can be accommodated to the positivist's conceptual theory regardless of one's view about the plausibility of those claims.
Disqualifications For Interest Of Lower Federal Court Judges: 28 U.S.C. § 455, Michigan Law Review
Disqualifications For Interest Of Lower Federal Court Judges: 28 U.S.C. § 455, Michigan Law Review
Michigan Law Review
Disqualification of a judge occurs when he is ineligible by law to sit in a particular case. At the Supreme Court level, disqualification is a personal decision of the individual justice, who seldom records the reasons for his decision. Thus, there is little material on the Court's disqualification practices that can be subjected to legal analysis. However, substantial case law on disqualification has developed in the lower federal courts, where the decision of a trial judge to sit or step down in a case may appear in the trial record and is subject to review by a court of appeals. …
Mr. Justice Powell And The Emerging Nixon Majority, A.E. Dick Howard
Mr. Justice Powell And The Emerging Nixon Majority, A.E. Dick Howard
Michigan Law Review
In recent years, we have come to expect the debate over Supreme Court nominations to reflect ideological passions in the Government and the country at large; the Fortas, Haynsworth, and Carswell cases remain fresh in memory. In the hearings on the nominations of Lewis F. Powell, Jr., and William H. Rehnquist to the Court, Senate Democratic liberals made clear their intention to probe not only the nominees' integrity and legal qualifications, but also their judicial philosophies. It was ironic, therefore, to watch as liberal members of the Judiciary Committee, through their questions and comments at the confirmation hearings, made Powell, …
Invoking Summary Criminal Contempt Procedures--Use Of Abuse? United States V. Dellinger --The "Chicago Seven" Contempts, Michigan Law Review
Invoking Summary Criminal Contempt Procedures--Use Of Abuse? United States V. Dellinger --The "Chicago Seven" Contempts, Michigan Law Review
Michigan Law Review
In late August of 1968, while delegates to the Democratic National Convention were arriving in Chicago, a group of several thousand demonstrators gathered in the city's Lincoln Park to protest the Convention, the Vietnam War, and the city's refusal to grant the group a permit to hold rallies and marches during the Convention. The week that followed was marred by violent confrontations between the demonstrators and the city's police.1 This violence in Chicago provided the impetus for an indictment by a federal grand jury of the defendants in United States v. Dellinger.
Friedman And Israel: The Justices Of The United States Supreme Court, 1789-1969: Their Lives And Major Opinions, Philip B. Kurland
Friedman And Israel: The Justices Of The United States Supreme Court, 1789-1969: Their Lives And Major Opinions, Philip B. Kurland
Michigan Law Review
A Review of The Justices of the United States Supreme Court, 1789-1969: Their Lives and Major Opinions edited by Leon Friedman and Fred L. Israel
On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr.
On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr.
Michigan Law Review
On that Monday in June of this year when Earl Warren removed his robe for the last time, a significant era in the history of the country, not just that of the Supreme Court, came to an end. It was in recognition of this (and somewhat in anticipation, as events turned out) that the Michigan Law Review published a symposium on the so-called "Warren Court" in its December 1968 issue. Those articles were ·written by distinguished scholars and practitioners and are of consistently high quality. All but one of them dealt with important substantive matters considered and decided by the …
Howard: Mr. Justice Murphy, A Political Biography, Eugene Gressman
Howard: Mr. Justice Murphy, A Political Biography, Eugene Gressman
Michigan Law Review
A Review of Mr. Justice Murphy, A Political Biography by J. Woodford Howard
Earl Warren, The "Warren Court," And The Warren Myths, Philip B. Kurland
Earl Warren, The "Warren Court," And The Warren Myths, Philip B. Kurland
Michigan Law Review
"It" is not enough for the knight of romance," Justice Holmes once reminded us, "that you agree that his lady is a very nice girl-if you do not admit that she is the best that God ever made or will make, you must fight." So, too, with the admirers of the Chief Justice and their "fair lady." For the moment, Earl Warren is enjoying the lavish praise that is not uncommonly ladled out when a man voluntarily decides to end a long and important government career. The contents of this issue of the Michigan Law Review may be taken as …
Friendly: Benchmarks, Manuel F. Cohen
Friendly: Benchmarks, Manuel F. Cohen
Michigan Law Review
A Review of Benchmarks by Henry J. Friendly
The All Writs Statute And The Injunctive Power Of A Single Appellate Judge, Michigan Law Review
The All Writs Statute And The Injunctive Power Of A Single Appellate Judge, Michigan Law Review
Michigan Law Review
Although section 1651 was enacted in its present form in 1948, the statutory language of subsection (a) can be traced back to the original Judiciary Act of 1789, in contrast to the terminology in subsection (b), the origins of which are obscure. It is clear, however, that both the alternative writ and the rule nisi are granted on motions ex parte and are in the nature of show-cause orders. These writs were at one time used in place of the modern summons or process and also served as a means of framing the issues to be contested before a court …
Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington
Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington
Michigan Law Review
We have chosen to focus here upon judicial involvement (1) in determining whether arrest and search warrants should issue and (2) in reviewing such decisions after they have been executed (and, perhaps, made) by police officials. A comparison of some recent findings respecting the actual practice at the trial level with the "ideal" as set forth in appellate opinions may allow some conclusions to be drawn both as to the present effectiveness of appellate rulings on these subjects and as to the ultimate feasibility of further implementation of those rulings. Finally, since the exclusionary rule is, theoretically at least, one …
Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed.
Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed.
Michigan Law Review
This comment seeks to analyze each decision against its historical background. No more than a proforma attempt will be made to integrate one decision with the others, for sufficient material is not yet available to predict with any accuracy the Court's ultimate achievements in this important area of federal civil procedure.
Federal Civil Procedure-Federal Rule 16-Definition Of Issues By The Pre-Trial Judge, F. Bruce Kulp Jr.
Federal Civil Procedure-Federal Rule 16-Definition Of Issues By The Pre-Trial Judge, F. Bruce Kulp Jr.
Michigan Law Review
Plaintiff instituted a civil antitrust suit against defendant in 1956. After numerous pre-trial conferences, the parties reached agreement as to the definition of only some of the issues. On other issues, however, the parties tendered different versions and were unable to reach an agreement. In a progress memorandum, the court issued a pre-trial order adopting defendant's version of the issues and rejecting the version proposed by plaintiff. The court reasoned that, under Federal Rule 16, it has the authority to adopt the formulation of issues proposed by one of the parties even though the other party is not in complete …
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Michigan Law Review
It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.
Kirchheimer: Political Justice: The Use Of Legal Procedure For Political Ends, Kenneth S. Carlston
Kirchheimer: Political Justice: The Use Of Legal Procedure For Political Ends, Kenneth S. Carlston
Michigan Law Review
A Review of Political Justice: The Use of Legal Procedure for Political Ends. By Otto Kirchheimer.
Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey
Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey
Michigan Law Review
A Review of The Judicial Decision- Toward A Theory of Legal Justification By Richard A. Wasserstrom.