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Articles 1 - 30 of 112
Full-Text Articles in Judges
The Journey Into Activism, Bernhard Schlink
The Journey Into Activism, Bernhard Schlink
Cardozo Law Review
In Anna Karenina, Leo Tolstoy teaches us that all happy families are alike and only unhappy families are different. It is the same with courts that engage in constitutional review. All happy constitutional courts, that is, all happily activist constitutional courts are alike and only those that do not play an activist role are different.
Constitutional Justice And Democracy, Michel Troper
Constitutional Justice And Democracy, Michel Troper
Cardozo Law Review
The issue of the compatibility of constitutional justice and democracy is considered in a particular way in France, for reasons relating both to the history of the legal culture and tothe peculiarities of the Constitutional Council, the institution which reviews the constitutionality of legislation.
Thurgood Marshall, Daniel Pollitt
Thurgood Marshall, Daniel Pollitt
North Carolina Central Law Review
No abstract provided.
Clarence Thomas: Evasive Or Deceptive, Anton Bell
Clarence Thomas: Evasive Or Deceptive, Anton Bell
North Carolina Central Law Review
No abstract provided.
New York Law School Reporter, Vol 11, No. 2, October 1995, New York Law School
New York Law School Reporter, Vol 11, No. 2, October 1995, New York Law School
Student Newspapers
No abstract provided.
Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, J. Michael Luttig
Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, J. Michael Luttig
William & Mary Law Review
No abstract provided.
The Honorable Warren E. Burger, The Fifteenth Chief Justice Of The United States Supreme Court And Twentieth Chancellor Of The College Of William And Mary: Introductory Remarks, Timothy J. Sullivan
The Honorable Warren E. Burger, The Fifteenth Chief Justice Of The United States Supreme Court And Twentieth Chancellor Of The College Of William And Mary: Introductory Remarks, Timothy J. Sullivan
William & Mary Law Review
No abstract provided.
Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, William H. Rehnquist
Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, William H. Rehnquist
William & Mary Law Review
No abstract provided.
Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, Sandra Day O'Connor
Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, Sandra Day O'Connor
William & Mary Law Review
No abstract provided.
Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie
Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie
University of the District of Columbia Law Review
Judges sitting on the Superior Court of the District of Columbia routinely order children into secure detention who require no more restrictive confinement than that provided by shelter care. Despite a statutory presumption against detention, and a superior court rule that prohibits substituting secure detention for shelter care,' the District inappropriately places children into secure detention simply because there is a lack of bed space in youth shelter houses. The deprivation of liberty that occurs when a juvenile is placed in secure detention rather than shelter care is required neither for the protection of the community nor for the welfare …
Section 1: Justices' Profiles, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Justices' Profiles, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Tribute To Judge Sprouse, Francis D. Murnaghan Jr.
Tribute To Judge Sprouse, Francis D. Murnaghan Jr.
West Virginia Law Review
No abstract provided.
James M. Sprouse, J. Harvie Wilkinson Iii
James M. Sprouse, J. Harvie Wilkinson Iii
West Virginia Law Review
No abstract provided.
Tribute For The Honorable James M. Sprouse, Sam J. Ervin Iii
Tribute For The Honorable James M. Sprouse, Sam J. Ervin Iii
West Virginia Law Review
No abstract provided.
Gentleman Jim, J. Dickson Phillips Jr.
One Kind Of Legacy: Judge Sprouse's Law Clerks, Geraldine Szott Moohr
One Kind Of Legacy: Judge Sprouse's Law Clerks, Geraldine Szott Moohr
West Virginia Law Review
No abstract provided.
Judge James M. Sprouse, Forest J. Bowman
Judge James M. Sprouse, Forest J. Bowman
West Virginia Law Review
No abstract provided.
Exorcising The Evil Of Forum-Shopping, Kevin M. Clermont, Theodore Eisenberg
Exorcising The Evil Of Forum-Shopping, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
Most of the business of litigation comprises pretrial disputes. A common and important dispute is over where adjudication should take place. Civil litigators deal with nearly as many change-of-venue motions as trials. The battle over venue often constitutes the critical issue in a case.
The American way is to provide plaintiffs with a wide choice of venues for suit. But the American way has its drawbacks. To counter these drawbacks, an integral part of our court systems, and in particular the federal court system, is the scheme of transfer of venue "in the interest of justice." However, the leading evaluative …
Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley
Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley
Indiana Law Journal
No abstract provided.
Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss
Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss
Indiana Law Journal
No abstract provided.
The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi
The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi
Cornell Law Faculty Publications
This Essay surveys three major transformations in state and federal rules of evidence since the introduction of the Federal Rules of Evidence. The Rules have not only inspired a movement toward codification in the states, they have also liberalized the admission of expert testimony and hearsay. This partially explains thirteen states' reluctance to codify. Judges have furthered this trend by admitting far more discretionary hearsay evidence than Congress intended. Professor Rossi doubts this expansion of the hearsay exceptions would have occurred without the adoption of the FRE and suggests that the newly formed Advisory Committee will produce greater substantive changes …
Politics And The Judiciary: The Influence Of Judicial Background On Case Outcomes, Orley Ashenfelter, Theodore Eisenberg, Stewart J. Schwab
Politics And The Judiciary: The Influence Of Judicial Background On Case Outcomes, Orley Ashenfelter, Theodore Eisenberg, Stewart J. Schwab
Cornell Law Faculty Publications
It is widely believed that the background and worldview of judges influence their decisions. This article uses the fact that judges are assigned their cases randomly to assess the effect of judicial background on the outcome of cases from the day-to-day docket in three federal trial courts. Unlike the political science findings of ideological influence in published opinions, we find little evidence that judges differ in their decisions with respect to the mass of case outcomes. Characteristics of the judges or the political party of the judge's appointing president are not significant predictors of judicial decisions.
Justice Lewis F. Powell And The Jurisprudence Of Centrism, Mark Tushnet
Justice Lewis F. Powell And The Jurisprudence Of Centrism, Mark Tushnet
Michigan Law Review
A Review of Justice Lewis F. Powell, Jr by John C. Jeffries, Jr.
Justice Oliver Wendell Holmes: Law And The Inner Self, Michael A. Carrier
Justice Oliver Wendell Holmes: Law And The Inner Self, Michael A. Carrier
Michigan Law Review
A Review of Justice Oliver Wendell Holmes: Law and the Inner Self by G. Edward White
A Modern Hamlet In The Judicial Pantheon, Charles Alan Wright
A Modern Hamlet In The Judicial Pantheon, Charles Alan Wright
Michigan Law Review
A Review of Learned Hand: The Man and the Judge by Gerald Gunther
Hugo Black Among Friends, Dennis J. Hutchinson
Hugo Black Among Friends, Dennis J. Hutchinson
Michigan Law Review
A Review of Hugo Black: A Biography by Roger K. Newman
W Stories: Women In Leadership Positions In The Judiciary, Deanell Reece Tacha
W Stories: Women In Leadership Positions In The Judiciary, Deanell Reece Tacha
West Virginia Law Review
No abstract provided.
A Tribute To Justice Thomas B. Miller, Ancil G. Ramey
A Tribute To Justice Thomas B. Miller, Ancil G. Ramey
West Virginia Law Review
No abstract provided.
The One True Sense, Georgia Warnke
The One True Sense, Georgia Warnke
Cardozo Law Review
In his Legal and Political Hermeneutics, Francis Lieber claims that "No sentence, or form of words, can have more than one 'true sense,' and this is the only one we have to inquire for." He criticizes efforts to write all possible specifications into the laws and regulations with which a legal and political hermeneutics is concerned, as if the necessity of interpretation could simply be avoided. "Men," he writes, "have at length found out that little or nothing is gained by attempting to speak with absolute clearness and endless specifications, but that human speech is clearer, the less we …
Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber
Cardozo Law Review
The second edition of the Hermeneutics was published in 1839, and has now been out of print for almost forty years. In 1860 Dr. Lieber carefully revised it, and made additions to both text and notes, expecting to publish a third edition, with a second part, of "Special Hermeneutics, or Legal Rules of Interpretation and Construction," by an eminent member of the New York Bar, Mr. William Curtis Noyes. This plan, however, was not carried out, and Mr. Noyes died December 25, 1863, without having written his proposed part. The text of the present edition, and Dr. Lieber's own notes, …