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1987

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Institution
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Articles 91 - 120 of 122

Full-Text Articles in Judges

Preemptive Strikes On State Autonomy: The Role Of Congress, Roger J. Miner '56 Jan 1987

Preemptive Strikes On State Autonomy: The Role Of Congress, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


The Don'ts Of Oral Argument, Roger J. Miner '56 Jan 1987

The Don'ts Of Oral Argument, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.


Joseph Solomon Dedication Of Bronze Bust, Roger J. Miner '56 Jan 1987

Joseph Solomon Dedication Of Bronze Bust, Roger J. Miner '56

Dedications

No abstract provided.


Enduring Qualities, Roger J. Miner '56 Jan 1987

Enduring Qualities, Roger J. Miner '56

Commencement Addresses

No abstract provided.


Evolving Constitutional Concepts Of Privacy, Roger J. Miner '56 Jan 1987

Evolving Constitutional Concepts Of Privacy, Roger J. Miner '56

Constitutional Law

No abstract provided.


Communication In The Ninth Circuit: A Concern For Collegiality, Stephen L. Wasby Jan 1987

Communication In The Ninth Circuit: A Concern For Collegiality, Stephen L. Wasby

Seattle University Law Review

After a discussion of the court's basic organization, the general stages of consideration of a case will be briefly described. Then attention will be focused on communication between the judges about cases. Cases before screening panels will be discussed first. Then cases set for argument before three-judge panels will be examined beginning with pre-argument communication, extending through exchanges at argument, the postargument conference, and the post-conference period. This will be followed by discussion of communication leading to the call for an en banc court. Communication among judges chosen for an en banc court will be considered next along with intracircuit …


The Tensions Of A Dual Court System And Some Prescriptions For Relief, Roger J. Miner '56 Jan 1987

The Tensions Of A Dual Court System And Some Prescriptions For Relief, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


The Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, 62 Notre Dame L. Rev. 151 (1987), Donald L. Beschle Jan 1987

The Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, 62 Notre Dame L. Rev. 151 (1987), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


Memorandum Concerning Robert Bork [1987], Anonymous Jan 1987

Memorandum Concerning Robert Bork [1987], Anonymous

Historical and Topical Legal Documents

No abstract provided.


Documents Relating To The Nomination Of Anthony Kennedy To The United States Supreme Court [Arthur Culvahouse Files], Anonymous Jan 1987

Documents Relating To The Nomination Of Anthony Kennedy To The United States Supreme Court [Arthur Culvahouse Files], Anonymous

Historical and Topical Legal Documents

No abstract provided.


A Government By Judges: An Historical Re-View, Michael Henry Davis Jan 1987

A Government By Judges: An Historical Re-View, Michael Henry Davis

Law Faculty Articles and Essays

In 1921, Edouard Lambert, a professor of law at Lyon specializing in comparative studies and founder of an Institute of Comparative Law there, published a book, Le Gouvernement des judges et la lutte contra la legislation sociale aux Etats-Unis, thus singlehandedly creating the phrase, a "government of judges", to denote a truly unconstrained system of judicial review which could not be limited even by constitutional amendment. The phrase quickly entered the parlance of French public law and even that of popular culture, deriving much of its force, no doubt, from the historical French aversion to a strong judiciary, eventually becoming …


Insulating Incumbent Judges From The Vicissitudes Of The Political Arena: Retention Elections As A Viable Alternative, David J. Papier Jan 1987

Insulating Incumbent Judges From The Vicissitudes Of The Political Arena: Retention Elections As A Viable Alternative, David J. Papier

Fordham Urban Law Journal

This Note proposes legislation that would cure many deficiencies in the present system of judicial tenure in New York. First, the Note examines the present retention system for trial court judges in New York State in light of the strict standards of judicial ethics the CJC imposes on sitting judges. Part II analyzes several problems in the current reelection process, focusing on the complex predicament a judicial incumbent faces as a result of having to return to the political arena. Part III then explores three possible alternatives to the present reelection system.' Finally, the Note recommends that the New York …


Apartheid And The South African Judiciary, Lawrence G. Baxter Jan 1987

Apartheid And The South African Judiciary, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


Book Review, Thomas D. Rowe Jr. Jan 1987

Book Review, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


The Doctrine Of Judicial Privilege: The Historical And Constitutional Basis Supporting A Privilege For The Federal Judiciary Jan 1987

The Doctrine Of Judicial Privilege: The Historical And Constitutional Basis Supporting A Privilege For The Federal Judiciary

Washington and Lee Law Review

No abstract provided.


A Case Study Of The Federal Judiciary's Role In Court-Ordered Busing: The Professional And Personal Experiences Of U.S. District Judge Robert R. Merhige, Jr., Ronald J. Bacigal, Margaret I. Bacigal Jan 1987

A Case Study Of The Federal Judiciary's Role In Court-Ordered Busing: The Professional And Personal Experiences Of U.S. District Judge Robert R. Merhige, Jr., Ronald J. Bacigal, Margaret I. Bacigal

Law Faculty Publications

Judge Robert R. Merhige, Jr. assumed the office of federal district judge for the Eastern District of Virginia in August of 1967. Upon discovering that federal judges had lifetime tenure, Merhige's father advised: "Take the job. You'll live forever." Neither the elder Merhige nor any observer could have foreseen the turbulence that would engulf Judge Merhige's life on the bench. Two weeks after his appointment, Merhige was faced with government efforts to silence militant black leader H. Rap Brown. Soon thereafter Merhige confronted numerous civil rights and anti-war issues, gaining some immediate notoriety as the first federal judge to declare …


On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff Jan 1987

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.


American Indians And The Bicentennial, Richard B. Collins Jan 1987

American Indians And The Bicentennial, Richard B. Collins

Publications

No abstract provided.


Strict Constructionism And The Strike Zone, Douglas O. Linder Jan 1987

Strict Constructionism And The Strike Zone, Douglas O. Linder

Faculty Works

No abstract provided.


The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina Jan 1987

The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina

Touro Law Review

No abstract provided.


Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein Jan 1987

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.


Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch Jan 1987

Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch

Touro Law Review

No abstract provided.


Justice Scalia: Standing, Environmental Law And The Supreme Court, Michael A. Perino Jan 1987

Justice Scalia: Standing, Environmental Law And The Supreme Court, Michael A. Perino

Faculty Publications

President Reagan's appointment of Antonin Scalia to the United States Supreme Court raises concern among liberals that Justice Scalia will help lead the Court away from a number of liberal positions toward a new conservatism. The Reagan Administration's requirement that judicial appointments advance the Administration's preference for judicial restraint and strict constructionism enhances this concern. These new executive requirements mean that federal courts should accord greater authority to the democratically elected branches of the government. Justice Scalia's primary areas of study, administrative law and separation of powers, reflect his adherence to judicial self-restraint.

One aspect of administrative law and separation …


Judicial Conservatism V. A Principled Judicial Activism: Foreword To The "Symposium On Law And Philosophy", Randy E. Barnett Jan 1987

Judicial Conservatism V. A Principled Judicial Activism: Foreword To The "Symposium On Law And Philosophy", Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In the wake of the Reagan administration's numerous judicial appointments, it is the rare observer of the American legal scene who has not thought seriously about the proper role of the judge in enforcing the law. Editorialists, columnists, and academicians are all debating in one form or another the classic jurisprudential question: "What is law?" While such questions have never completely dropped from sight, we are now in a period of constructive intellectual turmoil much like those surrounding the Nuremburg trials and the civil rights movement. Such periods are usually characterized by, and perhaps caused by, a perception among an …


Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen Jan 1987

Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen

Faculty Scholarship

Judicial appointment of private attorneys as special prosecutors has occurred and is permitted to occur in a variety of contexts other than when the executive branch is faced with a potential or actual conflict of interest. Until recently, the Second Circuit Court of Appeals and, of course, district courts within the Second Circuit, have interpreted Rule 42(b) of the Federal Rules of Criminal Procedure to permit judicial appointment of a private attorney to prosecute conduct allegedly violative of a court order as criminal contempt. Courts have been most active in appointing private attorneys as special prosecutors in cases involving counterfeit …


Judicial Elections: The California Experience, Joseph R. Grodin Jan 1987

Judicial Elections: The California Experience, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


Memorandum Regarding Judicial Philosophy Of Robert Bork [1987], Anonymous Jan 1987

Memorandum Regarding Judicial Philosophy Of Robert Bork [1987], Anonymous

Historical and Topical Legal Documents

No abstract provided.


Teaching Tolerance, Robert F. Nagel Jan 1987

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.


Dworkin's Domain, Philip E. Soper Jan 1987

Dworkin's Domain, Philip E. Soper

Reviews

No one has done more in the last twenty years to revitalize debates about how judges should and do decide cases than Ronald Dworkin. At the same time, no one has been more equivocal than Dworkin in explaining how a theory of adjudication bears on the dispute within legal theory about the connection between law and morality. This fine book continues both traditions.


Law And Metaphysics, Charles M. Yablon Jan 1987

Law And Metaphysics, Charles M. Yablon

Articles

No abstract provided.