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Judges Commons™

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1991

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Articles 31 - 60 of 101

Full-Text Articles in Judges

Justice William J. Brennan, Jr. - The Moral Force Of His Language, Bennett L. Gershman Jan 1991

Justice William J. Brennan, Jr. - The Moral Force Of His Language, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The enduring strength of Justice William J. Brennan Jr.'s constitutional vision is a tribute to his extraordinary scholarship and powerful logic. His opinions will be studied, cited, and honored for generations for their immense contribution to the constitutional protection of individual rights. But there is a further dimension to his jurisprudence that has always struck me - the moral force of his language. Justice Brennan's eloquent, passionate, and compassionate prose constantly exhorts us to a higher moral plane. To the disadvantaged, the accused, the dissident, and the condemned, Justice Brennan's words are a timeless anthem of sustenance and hope.


Judicial Misconduct During Jury Deliberations, Bennett L. Gershman Jan 1991

Judicial Misconduct During Jury Deliberations, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The author considers the two principal types of improper judicial behavior that may occur during the jury deliberation process. Judicial conduct that attempts to place undue pressure on a jury to reach a verdict may include verdict-urging instructions, threats and intimidation, and inquiry into the numerical division of the jury on the merits of the verdict. Judicial participation in private, ex parte communications with jurors may also subvert orderly trial procedure and undermine the impartiality of the jury. Neither kind of judicial conduct may be allowed to compel a verdict from a jury.


Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein Jan 1991

Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

It is a special privilege, and a personal joy, for me to have the opportunity to contribute a piece honoring such a revered figure. I make no claim to scholarly objectivity. My premise is simple: William J. Brennan has given us a legacy of first amendment decisions, concurrences, and dissents that reflect great honor on the jurist. My portion of this Festschrift provides selected examples of Justice Brennan's contribution, and concludes by thanking him for serving, through his opinions, as a mentor for me throughout my career as a teacher of constitutional law.


One Hundred Years Of Influence On National Jurisprudence: Second Circuit Court Of Appeals Decisions Reviewed By The United States Supreme Court, Roger J. Miner '56 Jan 1991

One Hundred Years Of Influence On National Jurisprudence: Second Circuit Court Of Appeals Decisions Reviewed By The United States Supreme Court, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


Federal Habeas Review Of New York Convictions: Relieving The Tensions, Roger J. Miner '56 Jan 1991

Federal Habeas Review Of New York Convictions: Relieving The Tensions, Roger J. Miner '56

Bar Associations

No abstract provided.


Preface, The More Things Change, Roger J. Miner '56 Jan 1991

Preface, The More Things Change, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


Remarks: Appellate Advocacy Program, New York County Lawyers Association, Roger J. Miner '56 Jan 1991

Remarks: Appellate Advocacy Program, New York County Lawyers Association, Roger J. Miner '56

Bar Associations

No abstract provided.


Planning For The Second Century Of The Second Circuit Court Of Appeals: The Report Of The Federal Courts Study Committee, Roger J. Miner '56 Jan 1991

Planning For The Second Century Of The Second Circuit Court Of Appeals: The Report Of The Federal Courts Study Committee, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


An Empirical Examination Of Motions On The Merits, Thomas B. Marvell Jan 1991

An Empirical Examination Of Motions On The Merits, Thomas B. Marvell

Seattle University Law Review

This Article evaluates the Motions on the Merits procedure. Section II outlines the history of commissioners in this country. Section III describes Washington Court of Appeals Division III: its caseload trends, procedures in ordinary appeals, the commissioners' duties, and the MMT history and current procedures. Section IV quantitatively evaluates MMT procedures, exploring their impact on volume of cases decided, delay, backlog, and reversal rates. Section V presents the attorneys' opinions of the MMTs, and Section VI summarizes the results.


A Critique Of Judicial Supremacy, David Chang Jan 1991

A Critique Of Judicial Supremacy, David Chang

Villanova Law Review (1956 - )

No abstract provided.


The Illinois Code Of Judicial Conduct And The Appearance Of Impropriety, Jeffrey M. Shaman Jan 1991

The Illinois Code Of Judicial Conduct And The Appearance Of Impropriety, Jeffrey M. Shaman

Loyola University Chicago Law Journal

No abstract provided.


A Tribute To Peter S. Popovich, James F. Hogg Jan 1991

A Tribute To Peter S. Popovich, James F. Hogg

Faculty Scholarship

A tribute to Peter S. Popovich, Chief Justice of the Minnesota Supreme Court 1989-1990 and William Mitchell College of Law alumni.


Recusal Standards For Judges In Pennsylvania: Cause For Concern, Kenneth S. Kilimnik Jan 1991

Recusal Standards For Judges In Pennsylvania: Cause For Concern, Kenneth S. Kilimnik

Villanova Law Review (1956 - )

No abstract provided.


Tribute Dinner Honoring U.S. District Court Judge Howard G. Munson, Roger J. Miner '56 Jan 1991

Tribute Dinner Honoring U.S. District Court Judge Howard G. Munson, Roger J. Miner '56

Judges

No abstract provided.


Justice Harlan And The Bill Of Rights: A Dichotomy In Constitutional Analysis, Roger J. Miner '56 Jan 1991

Justice Harlan And The Bill Of Rights: A Dichotomy In Constitutional Analysis, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


A Profession At Risk, Roger J. Miner '56 Jan 1991

A Profession At Risk, Roger J. Miner '56

Lawyers and the Legal Profession

No abstract provided.


The Failure Of Felix Frankfurter, Melvin I. Urofsky Jan 1991

The Failure Of Felix Frankfurter, Melvin I. Urofsky

University of Richmond Law Review

There is, unfortunately, no way one can predict whether a person appointed to the Supreme Court will be a great justice or a mediocre one. The nomination of John Marshall, for example, evoked numerous complaints about his lack of ability. The Philadelphia Aurora characterized him as "more distinguished as a rhetorician and sophist than as a lawyer and statesman," and the Senate, in fact, delayed its confirmation vote for a week hoping President John Adams would change his mind. When Woodrow Wilson appointed Louis D. Brandeis to the Court in 1916, pillars of the bar crowded into the Senate judiciary …


Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen Jan 1991

Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen

Faculty Scholarship

The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …


Right-To-Die, Bruce Morton Jan 1991

Right-To-Die, Bruce Morton

Touro Law Review

No abstract provided.


Home Rule Jan 1991

Home Rule

Touro Law Review

No abstract provided.


Jurisdiction Of The County Court Jan 1991

Jurisdiction Of The County Court

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Thurgood Marshall And The Administrative State, Jonathan Weinberg Jan 1991

Thurgood Marshall And The Administrative State, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.


"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers Jan 1991

"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers

Law Faculty Scholarly Articles

Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …


The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel Jan 1991

The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel

Scholarly Works

No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often examine …


The Role Of Legal Scholars In The Confirmation Hearings For Supreme Court Nominees—Some Reflections, Thomas B. Mcaffee Jan 1991

The Role Of Legal Scholars In The Confirmation Hearings For Supreme Court Nominees—Some Reflections, Thomas B. Mcaffee

Scholarly Works

Until recently legal scholars have traditionally not been much involved in the process of confirming Justices. As the legal and political ideology of prospective Justices have come to play an important role in the process of nomination and confirmation, however, it is perhaps inevitable that legal scholars would also become more involved. At least since the nomination of Judge Bork, legal scholars have contributed in unprecedented numbers both to the Senate's deliberation process and to the public debate over the fitness of the nominees to the Court. The Bork hearings themselves were, of course, the watershed, and they remain, for …


Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re Jan 1991

Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re

Cleveland State Law Review

As a federal judge I fully appreciate the role of the judiciary in reviewing the actions of administrative agencies. Hence, I am pleased to discuss the concepts of due process, judicial review, and the rights of the individual. Since it cannot be questioned that public officers and administrative agencies vitally affect the lives and interests of all persons, it is important to know the legal controls and remedies that are available to assure that public officials act lawfully. This, of course, implies that all administrators and officers of government must act within the bounds of their delegated authority and comply …


Judge (A Tribute To Judge Frank M. Coffin), J. Peter Byrne Jan 1991

Judge (A Tribute To Judge Frank M. Coffin), J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

Becoming Judge Coffin's law clerk must be the most fortunate of conclusions to a legal education. His judicial craftsmanship sets a standard for thoughtful professionalism that a young lawyer can never outgrow. In those salt-scented and book-lined chambers, briefs were painstakingly and critically read, precedents and statutes honestly interpreted and challenged to yield just results, opinions written and rewritten to convey the significance of a small distinction or the applicability of a large principle.


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.