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An Authentic Life In The Law: A Tribute To James K. Logan, Irma S. Russell

Faculty Works

UMKC School of Law Professor Irma S. Russell reflects on the professional life and legacy of Judge James K. Logan, exploring his career as a model of integrity, intellect, and dedication to justice. Through the lens of her experiences as his former law clerk, Russell examines broader questions about what constitutes a meaningful and ethical life in the legal profession. Blending biography, personal reflection, and professional critique, Russell argues that authenticity in law arises from commitment to community, ethical responsibility, and the pursuit of the common good.

"Fetch Some Soupmeat", William N. Eskridge Jr.

Cardozo Law Review

Although first published over 150 years ago, Francis Lieber's Legal and Political Hermeneutics remains broadly influential, and the soupmeat hypothetical in particular has been reproduced in the most widely read twentieth-century legal texts for teaching statutory interpretation. The directive, "fetch some soupmeat," seems straightforward in most situations, because the housekeeper and the servant are operating under the same assumptions, and because their shared assumptions are borne out as the servant goes about his task. Lieber's project-and the project of any sophisticated theoretical treatment of statutory interpretation-was to explore the many ways in which "fetch some soupmeat" proves susceptible to surprising …

The Independence Of Judges, James Zagel, Adam Winkler

Mercer Law Review

One might begin by asking why we are having this symposium. "Judicial independence" arises infrequently in litigation, so there are few snarling doctrinal knots to loosen and even fewer precedents to ponder. The truth is that our legislative and executive branches of government rarely attempt to interfere with the decisions of the federal judiciary. Of the few cases that have been decided, most seem surprisingly minor in their importance and insight.' It seems to us immensely difficult to make many judgments about judicial independence in the abstract that are likely to win widespread agreement, and in this area abstraction abounds. …

Introduction To Mercer Law Review Symposium On Federal Judicial Independence, L. Ralph Mecham

Mercer Law Review

No abstract provided.

Independence Of The Judiciary For The Third Century, Deanell Reece Tacha

Mercer Law Review

For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers... the complete independence of the courts of justice is peculiarly essential in a limited constitution."
The Federalist No. 78, at 402 (Alexander Hamilton)

Alexander Hamilton's impassioned advocacy of an independent judiciary rings as true now as it did when Hamilton was attempting to convince the people of the State of New York to ratify the new Constitution. For over 200 years, the independent federal judiciary has been a powerful tool in guarding the Constitution and the rights of …

"Separateness But Interdependence, Autonomy But Reciprocity": A First Look At Federal Judges' Appearances Before Legislative Committees, Harvey Rishikof, Barbara A. Perry

Mercer Law Review

The Founding Fathers established judicial independence as a central tenet of the Constitution of the United States in order to insulate federal judges from the President, the Congress, and the electorate. Yet because of the complicated nature of the Constitution and overlapping powers, the judiciary has not remained totally isolated from the legislative process. Our research has discovered hundreds of instances of federal jurists testifying before congressional committees on subjects such as court administration, federal jurisdiction, budgetary policy, and pending legislation in a variety of fields. Indeed, our findings buttress a key argument of Justice Robert H. Jackson's concurring opinion …

Federal Judicial Independence: Constitutional And Political Perspectives, Martin H. Redish

Mercer Law Review

Since the nation's beginning, the concept of federal judicial independence has been almost as confusing to political and constitutional theorists as it is fundamental to the successful operation of our form of constitutional democracy. On the one hand, the Constitution's framers consciously chose to insulate members of the federal judiciary from at least the most acute forms of potential political pressure by expressly providing for the protection of their salary and tenure. On the other hand, the framers simultaneously provided the groundwork to facilitate the exercise of seemingly substantial congressional control of the jurisdiction of the federal courts, thereby potentially …

Federal Judges And The Judicial Branch: Their Independence And Accountability, Gordon Bermant, Russell R. Wheeler

Mercer Law Review

This issue of the Mercer Law Review was stimulated in part by a concern expressed by some federal judges that federal judicial independence is at risk. For example, the Committee on the Judicial Branch of the United States Judicial Conference expressed its hope that the symposium and other efforts will "address the concerns of judges about the protections afforded to them individually and to the Judiciary as an institution."' The Committee emphasized that those concerns "extend beyond the salary and tenure guarantees of the Constitution."' To many judges they also involve legislative and executive intervention into the operation of the …

Judicial Independence: Can It Be Without Article Iii?, Richard B. Hoffman, Frank P. Cihlar

Mercer Law Review

1. ANALYSIS OF JUDICIAL INDEPENDENCE OF ALJS AND ARTICLE I COURTS VERSUS ARTICLE III JUDICIARY
2. THE EXPERIENCE AND EVOLUTION OF THE TAX COURT
3. SHAKING UP SOCIAL SECURITY
4. COURT OR CORPS?

Reply: Self-Incrimination And The Constitution: A Brief Rejoinder To Professor Kamisar, Akhil Reed Amar, Renée B. Lettow

Michigan Law Review

A Reply to Yale Kamisar's Response to the "Fifth Amendment Principles: The Self-Incrimination Clause"

Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow

Michigan Law Review

In Part I of this article, we examine the global puzzle of the Self-Incrimination Clause and the local confusion or perversion lurking behind virtually every key word and phrase in the clause as now construed. In Part II we elaborate our reading of the clause and show how it clears up the local problems and solves the overall puzzle.

On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar

Articles

Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.

Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison

Scholarly Articles

None available.

Judicial Response To Changing Societal Values On The Death Penalty: Must The Method Chosen Be The Most Humane, Brian P. Hill

St. Thomas Law Review

No abstract provided.

Master Of The Craft: A Tribute To Collins J. Seitz, Beth Nolan

Villanova Law Review (1956 - )

No abstract provided.

Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis

University of Michigan Journal of Law Reform

With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …

Eye On Justice, Roger J. Miner '56

Legal History

No abstract provided.

The Fault Is In Ourselves, Roger J. Miner '56

Bar Associations

No abstract provided.

The Courage Of Collins Seitz, William J. Brennan Jr.

Villanova Law Review (1956 - )

No abstract provided.

What Is The Role Of The Judge In Our Litigious Society, Marjorie O. Rendell

Villanova Law Review (1956 - )

No abstract provided.

Collins Jacques Seitz Paradigm Of Principle, Passion, Professionalism And Persuasion, E. Norman Veasey

Villanova Law Review (1956 - )

No abstract provided.

Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg

Faculty Scholarship

Justice Rosalie Wahl is well-known as the first woman to be appointed to the Minnesota Supreme Court, but she has made a lesser known, yet critical, contribution to the quality and effectiveness of legal education in this country. As chair of the American Bar Association's Section on Legal Education and Admissions to the Bar, Wahl created the MacCrate Commission. The MacCrate Report charts the way for improvement in law school teaching and learning, and the discussion following the report lead to the creation of an ABA Commission to take testimony and review the ABA Accreditation Standards. Wahl also chaired this …

Innovations Disguised As Traditions: An Historical Review Of The Supreme Court Nominations Process, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

The Counter-Revolutionary Nature Of Justice Scalia's Traditionalism, 27 Pac. L.J. 99 (1995), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

Tribute To Judge Collins J. Seitz, William H. Rehnquist

Villanova Law Review (1956 - )

No abstract provided.

Diluting Justice On Appeal?: An Examination Of The Use Of District Court Judges Sitting By Designation On The United States Courts Of Appeals, Richard B. Saphire, Michael E. Solimine

University of Michigan Journal of Law Reform

According to a number of studies and commentators, a serious caseload crisis faces the federal courts. With respect to the federal courts of appeals, some have called for drastic remedial measures. Until Congress responds, the courts of appeals have been forced to adopt a range of coping measures. In this article, Professors Saphire and Solimine examine one of these measures, the utilization of designated district court judges on appellate panels. After discussing the origins and extent of this practice, they identify a number of problems it raises. They argue that extensive and routine utilization of district judges on appellate panels …

Investiture Of The Honorable Paul Czajka, Roger J. Miner '56

Induction Ceremonies and Investitures

No abstract provided.

From Hedonism To Human Rights: Felix Cohen's Alternative To Nihilism, 68 Temple L. Rev. 197 (1995), Joel R. Cornwell

UIC Law Open Access Faculty Scholarship

No abstract provided.

Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, 28 U. Mich. J.L. Reform 305 (1995), Matthew R. Kipp, Paul B. Lewis

UIC Law Open Access Faculty Scholarship

With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …

A Tribute To Anne Simonett, Edward Toussaint

Faculty Scholarship

Tribute to Judge Anne Simonett, from Judge Edward Toussaint, Chief Judge of the Minnesota Court of Appeals.