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Judges Commons™

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1992

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Institution
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Articles 31 - 60 of 88

Full-Text Articles in Judges

Help Wanted - Federal Judges: Judicial Gridlock; Solving An Immediate Problem And Averting A Future Crisis, Victor Williams Jan 1992

Help Wanted - Federal Judges: Judicial Gridlock; Solving An Immediate Problem And Averting A Future Crisis, Victor Williams

Loyola University Chicago Law Journal

No abstract provided.


Judges And Ethical Perceptions, Dyson William Cox Jan 1992

Judges And Ethical Perceptions, Dyson William Cox

Theses Digitization Project

Judicial misconduct -- Judges' insensitivity to stress -- Courtroom gender bias against women -- Complaints against and removal of judges -- Courtroom fairness.


The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright Jan 1992

The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright

Florida State University Law Review

No abstract provided.


Bearing Arms In State Bills Of Rights, Judicial Interpretation, And Public Housing, Robert Dowlut Jan 1992

Bearing Arms In State Bills Of Rights, Judicial Interpretation, And Public Housing, Robert Dowlut

St. Thomas Law Review

This article will review how state courts interpret state constitutional guarantees to arms, address the refusal by some courts to apply established rules on the interpretation of constitutional guarantees to arms cases, and examine discriminatory firearm bans in public housing.


Point, Andrew Popper Jan 1992

Point, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Preserving The Past, Roger J. Miner '56 Jan 1992

Preserving The Past, Roger J. Miner '56

Legal History

No abstract provided.


Dedication Of Plaque Honoring Judge Harold R. Medina, Roger J. Miner '56 Jan 1992

Dedication Of Plaque Honoring Judge Harold R. Medina, Roger J. Miner '56

Court Conferences and Events

No abstract provided.


Book Review —Rewriting The History Of The Judiciary Act Of 1789: Exposing Myths,Challenging Premises And Using New Evidence, Roger J. Miner '56 Jan 1992

Book Review —Rewriting The History Of The Judiciary Act Of 1789: Exposing Myths,Challenging Premises And Using New Evidence, Roger J. Miner '56

Book Reviews

No abstract provided.


Advice And Consent In Theory And Practice, Roger J. Miner '56 Jan 1992

Advice And Consent In Theory And Practice, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


Canon 7 Restrictions On The Political Speech Of Judicial Candidates: Judging Those Who Would Be Judges, Kathleen Margaret Sholette Jan 1992

Canon 7 Restrictions On The Political Speech Of Judicial Candidates: Judging Those Who Would Be Judges, Kathleen Margaret Sholette

Villanova Law Review (1956 - )

No abstract provided.


Remarks, Guest Of Honor And Keynote Speaker, February Dinner Meeting Of The Ulster County Bar Association, Roger J. Miner '56 Jan 1992

Remarks, Guest Of Honor And Keynote Speaker, February Dinner Meeting Of The Ulster County Bar Association, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic?, 37 Vill. L. Rev. 1329 (1992), Donald L. Beschle Jan 1992

Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic?, 37 Vill. L. Rev. 1329 (1992), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer Jan 1992

Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer

University of Richmond Law Review

How is an administrative law judge ("ALJ") to know his role in the modern bureaucracy? On the one hand, the law requires the ALJ to adjudicate legal disputes between the government agency and the individual, and on the other hand, a black-robed member of the judicial branch in- structs him that he is out of his jurisdiction. Who wins in this decades-long battle for turf?


Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton Jan 1992

Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton

Faculty Scholarship

Part I of this Article describes the administrative structure of the Eastern District of Virginia and its case management practices. Part II demonstrates that, despite the Eastern District of Virginia's status as one of the busiest federal district courts, it has consistently been one of the most efficient and effective federal courts in the nation. As a result, in Part III, this Article concludes that the experience of the Eastern District of Virginia raises many questions about the premises underlying the Civil Justice Reform Act, the proposed amendments to the Federal Rules, and the means by which Congress and the …


The Economics Of Law-Related Labor V: Judicial Careers, Judicial Selection, And An Agency Cost Model Of The Judicial Function, Linz Audain Jan 1992

The Economics Of Law-Related Labor V: Judicial Careers, Judicial Selection, And An Agency Cost Model Of The Judicial Function, Linz Audain

American University Law Review

No abstract provided.


Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz Jan 1992

Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.


The Judge As Political Candidate, Hans A. Linde Jan 1992

The Judge As Political Candidate, Hans A. Linde

Cleveland State Law Review

Judges are expected to satisfy two conflicting ideals. First, they are to follow the law without fear or favor, regardless of personal sympathies and preferences, to "adjudicate" rather than to "legislate." Second, they are to reach results that are preferred by or at least acceptable to their communities. The first ideal requires judicial independence and job security. Elective judgeships are sometimes defended as serving the second. We have gone through a third public examination of a Supreme Court nominee in which the Senate and the public considered it important to question the nominee about his views of the major issues …


Judicial Lobbying And Court Reform: U.S. Magistrate Judges And The Judicial Improvements Act Of 1990, Christopher E. Smith Jan 1992

Judicial Lobbying And Court Reform: U.S. Magistrate Judges And The Judicial Improvements Act Of 1990, Christopher E. Smith

University of Arkansas at Little Rock Law Review

No abstract provided.


Equal Protection Jan 1992

Equal Protection

Touro Law Review

No abstract provided.


Revisiting Overton Park: Political And Judicial Controls Over Administrative Actions Affecting The Community, Peter L. Strauss Jan 1992

Revisiting Overton Park: Political And Judicial Controls Over Administrative Actions Affecting The Community, Peter L. Strauss

Faculty Scholarship

Overton Park is a 342-acre municipal park lying close to downtown Memphis, Tennessee, in one of that city's better residential areas. Citizens to Preserve Overton Park, Inc. v. Volpe is a Supreme Court decision frequently cited for its general propositions about judicial review of informal administrative action that, to the citizens of Memphis, was one way-station in a more than two-decade struggle concerning whether and where an inner-city expressway, part of Interstate 40, would be built. Overall, the story of that struggle reveals a complex brew of national and local politics about the marriage of highway convenience to urban amenity; …


Settling For A Judge: A Comment On Clermont And Eisenberg, Samuel R. Gross Jan 1992

Settling For A Judge: A Comment On Clermont And Eisenberg, Samuel R. Gross

Articles

Trial by Jury or Judge: Transcending Empiricism,1 by Kevin Clermont and Theodore Eisenberg, is not only an important article, it is unique. To most Americans, trial means trial by jury. In fact, over half of all federal trials are conducted without juries2 (including 31% of trials in cases in which the parties have the right to choose a jury3), and the proportion of bench trials in state courts is even higher.4 And yet, while there is a large literature on the outcomes of jury trials and the factors that affect them,5 nobody else has systematically compared trials by jury to …


The President And The Federal Bench, Carl W. Tobias Jan 1992

The President And The Federal Bench, Carl W. Tobias

Law Faculty Publications

Professor Tobias assesses the efforts of the George H.W. Bush Administration in appointing women and African-Americans to the federal bench.


Justice Antonin Scalia And Criminal Justice Cases, Christopher E. Smith Jan 1992

Justice Antonin Scalia And Criminal Justice Cases, Christopher E. Smith

Kentucky Law Journal

No abstract provided.


Liberals And Balancing, Robert F. Nagel Jan 1992

Liberals And Balancing, Robert F. Nagel

Publications

No abstract provided.


The Judicial Prerogative, Thomas W. Merrill Jan 1992

The Judicial Prerogative, Thomas W. Merrill

Faculty Scholarship

In John Locke's account of separation of powers, the executive is not limited to enforcing the rules laid down by the legislature. The chief magistrate also exercises the prerogative, a power "to act according to discretion for the public good, without the prescription of the law and sometimes even against it. "Locke explained that such a discretionary power is required because "it is impossible to foresee and so by laws to provide for all accidents and necessities that may concern the public, or make such laws as will do no harm, if they are executed with an inflexible rigor on …


Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb Jan 1992

Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb

Cornell Law Faculty Publications

Abstract needed.


Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald Jan 1992

Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald

Washington and Lee Law Review

No abstract provided.


Thurgood Marshall: Tax Lawyer, Stephen B. Cohen Jan 1992

Thurgood Marshall: Tax Lawyer, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

During his twenty-four years on the Supreme Court, Justice Thurgood Marshall wrote better opinions on the law of federal income taxation than any of his fellow Justices. This is, of course, a subjective appraisal which others may dispute. Nevertheless, from two decades of teaching federal income taxation, I am convinced of the quality of Marshall's work.


Media Masala: Why Women's Control Matters, Sarah Krakoff Jan 1992

Media Masala: Why Women's Control Matters, Sarah Krakoff

Publications

No abstract provided.


Pre-Figuration And Evaluation, Pierre Schlag Jan 1992

Pre-Figuration And Evaluation, Pierre Schlag

Publications

In this response to Professor Rubin, Professor Schlag argues that a prescriptive theory of evaluation does not free an evaluator from the bias inherent in his own pre-figurations. On the contrary, the belief that better evaluative criteria will advance the cause of fairer evaluation is itself an effect of flawed and unrationalized pre-figurations of conventional legal thought. Professor Schlag argues that the evaluation question and its attendant disputes arise from a more significant development--the unraveling of the dominant paradigm of legal thought, the decomposition of normative legal thought.