Judges Commons^™

Open Letter Concerning The Invitation To Justice Clarence Thomas To Speak At The Uga School Of Law Graduation Ceremony, Donald E. Wilkes Jr.

Popular Media

Dear Colleagues, Law Students, and Other Members of the Law School Community:

On Monday, November 25, 2002, the law faculty of the University of Georgia School of Law received a memorandum from Dean David Shipley which begins as follows: "I am pleased to announce that Justice Clarence Thomas has accepted the invitation extended by me, Class of 2003 President Josh Belinfante, Class of 2003 Vice President Megan Jones, and Class of 2004 Vice President Rebecca Franklin to be our graduation speaker on May 17, 2003."

The decision to invite Justice Thomas is appalling, unwise and perverse -- the embodiment of …

Advice From Justice Jackson, D. P. Marshall Jr.

The Journal of Appellate Practice and Process

No abstract provided.

Thurgood Marshall—American Revolutionary, Juan Williams

University of Arkansas at Little Rock Law Review

No abstract provided.

Appellate Judicial Appointments During The Clinton Presidency: An Inside Perspective, Sarah Wilson

The Journal of Appellate Practice and Process

No abstract provided.

Confirmation Gridlock: The Federal Judicial Appointments Process Under Bill Clinton And George W. Bush, John Anthony Maltese

The Journal of Appellate Practice and Process

No abstract provided.

What Gets Judges In Trouble, Richard H. Underwood

Law Faculty Scholarly Articles

I wrote this article to collect some cautionary material about “what gets judges in trouble.” I wanted something I could offer to our state judges, practitioners, and my legal ethics students. While I have never been a judge, and while I have never worked for a judicial conduct organization, I have been a law professor for almost twenty-five years and the chairman of a state bar association ethics committee for fourteen. I am not the kind of person who would refrain from holding forth just because I may not know what I am talking about.

When I started out, I …

Congress And The Making Of The Second Rehnquist Court, Neal Devins

Faculty Publications

No abstract provided.

On The Road: The Supreme Court And The History Of Circuit Riding, Joshua Glick

Cardozo Law Review

No abstract provided.

Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson

Osgoode Hall Law Journal

Discusses the role of judges when cases of civil disobedience are brought before the court.

Pierre The Anomalist: An Epistemology Of The Legal Closet, Peter Goodrich

Articles

The article examines Pierre Schlag's radical critique of legal reason and the legal academy, which challenges the profession's reliance on abstract norms and universal truths. Schlag's work, often met with hostility, exposes the material and emotional underpinnings of legal discourse, particularly the fear of losing control and status tied to the academy's faith in reason. His critique is situated within broader philosophical traditions that question the limits of reason and the importance of creativity in legal thought. The article also explores how Schlag's ideas intersect with other scholars' work, such as Reginald Leamon Robinson's analysis of legal narrative and identity, …

A Six-Three Rule: Reviving Consensus And Deference On The Supreme Court, Jed Handelsman Shugerman

Faculty Scholarship

Over the past three decades, the Supreme Court has struck down federal statutes by a bare majority with unprecedented frequency. This Article shows that five-four decisions regularly overturning acts of Congress are a relatively recent phenomenon, whereas earlier Courts generally exercised judicial review by supermajority voting.

One option is to establish the following rule: The Supreme Court may not declare an act of Congress unconstitutional without a two-thirds majority. The Supreme Court itself could establish this rule internally, just as it has created its nonmajority rules for granting certiorari and holds, or one Justice who would otherwise be the fifth …

Rethinking Judicial Elections, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Introduction To The Conference On Fundamentalisms, Equalities, And The Challenge To Tolerance In A Post-9/11 Environment, Richard H. Weisberg

Cardozo Law Review

No abstract provided.

Transparency Reconsidered: On Postmodernism, Fundamentalism, And Other Dark Matters, Geoffrey Hartman

Cardozo Law Review

No abstract provided.

Remedying Judicial Foot-In-Mouth Disease: Nevada's Prohibitions Against Judicial Commentary On Evidence And The Rule Of Harmless Error, Andrew F. Dixon

Nevada Law Journal

No abstract provided.

Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner

Michigan Law Review

Cass Sunstein and Adrian Vermeule argue in Interpretation and lnstitutions that judicial interpretation of statutes and constitutions should take account both of the institutional framework within which interpretation takes place and of the consequences of different styles of interpretation; they further argue that this point has been neglected by previous scholars. The first half of the thesis is correct but obvious; the second half, which the authors state in terms emphatic to the point of being immodest, is incorrect. Moreover, the authors offer no feasible suggestions for how the relation between interpretation and the institutional framework might be studied better …

Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule

Michigan Law Review

Suppose that a statute, enacted several decades ago, bans the introduction of any color additive in food if that additive "causes cancer" in human beings or animals. Suppose that new technologies, able to detect low-level carcinogens, have shown that many potential additives cause cancer, even though the statistical risk is often tiny - akin to the risk of eating two peanuts with governmentally-permitted levels of aflatoxins. Suppose, finally, that a company seeks to introduce a certain color additive into food, acknowledging that the additive causes cancer, but urging that the risk is infinitesimal, and that if the statutory barrier were …

Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrien Vermeule

Michigan Law Review

In law, problems of interpretation can be explored at different levels of generality. At the most specific level, people might urge that the Equal Protection Clause forbids affirmative action, or that the Food and Drug Act applies to tobacco products. At a higher level of generality, people might argue that the Equal Protection Clause should be interpreted in accordance with the original understanding of its ratifiers, or that the meaning of the Food and Drug Act should be settled with careful attention to its legislative history. At a still higher level of generality, people might identify the considerations that bear …

Holmes, Common Law Theory, And Judicial Restraint, 36 J. Marshall L. Rev. 457 (2003), Frederic R. Kellogg

UIC Law Review

No abstract provided.

Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …

Testimonial Dinner: George And Joanne Dixon, Roger J. Miner '56

Tributes & Testimonials

No abstract provided.

Eulogy: Dr. Theodore L. Biddle, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.

Remarks, Unveiling Of The Portrait Of Judge Roger J. Miner '56, Roger J. Miner '56

New York Law School Events and Publications

No abstract provided.

Judicial Elections, Campaign Financing, And Free Speech, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

John Noonan On Marriage And The Family: Continuity And Change In Doctrine, William J. Wagner

Scholarly Articles

In support of its critique, this article first analyzes Judge Noonan's general methodological vantage and shows how he proceeds, within that vantage, to formulate general moral norms. Next, it compares Judge Noonan's work with trends in the reasoning of the United States Supreme Court between 1965 and the present to suggest that some of Noonan's assumptions about the longer-term consequences of his own methodology for stability and continuity in moral theology may be unwarranted. Finally, it argues that Noonan is not justified in assuming that adjudicative reasoning, without more, suffices for the formulation of general moral norms, or that transcendent …

I Am Pro-Choice, Pro-Union And I Oppose Capital Punishment - I Want You To Elect Me To The Pennsylvania Supreme Court: Is This The Future Of Pennsylvania's Judicial Elections, S. Graham Simmons Iii

Villanova Law Review (1956 - )

No abstract provided.

Obligations Impaired: Justice Jonathan Jasper Wright And The Failure Of Reconstruction In South Carolina, Caleb A. Jaffe

Michigan Journal of Race and Law

Part I of this article, on the historiography of South Carolina Reconstruction, explains the difficulty scholars have had in uncovering the documentary history of Reconstruction, and outlines the development of historical interpretations of Reconstruction from the Nineteenth century Redeemer-era accounts to the revisionists of the 1970's. Part II provides brief biographies of both Justice Wright and William James Whipper. Parts III and IV track the different approaches of Whipper and Wright on two vital issues of their day: (1) whether to repudiate all private debts relating to slavery; and (2) how to construct a homestead law to protect cash-poor landowners. …

Recalibrating Federal Judicial Independence Symposium: Perspectives On Judicial Independence: Accountability And Separation Of Power Issues, James J. Brudney

Faculty Scholarship

It is well settled that independent courts play a vital role in promoting rule-of-law and separation-of-powers norms. At the same time, judicial independence must be reconciled with other values that we also wish to recognize as foundational. Professor Brudney addresses two areas of controversy that are associated with the celebration of judicial autonomy in our legal culture. He first discusses the role of political and personal background factors in shaping judicial selection and influencing judicial outcomes. He explains why both the President and Congress have come to rely increasingly on such background factors when seeking to anticipate the broad contours …

Voting And Electoral Politics In The Wisconsin Supreme Court, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This Article examines criminal cases decided by the Wisconsin Supreme Court over a fifteen-year period in an effort to discern whether judicial elections undercut judicial independence by affecting the ways justices vote. Wisconsin was chosen for this study because the state's mix of appointed and elected judges allows a researcher to control for different judicial selection systems. Specifically, this Article questions whether voting patterns may be affected by a justice's proximity to judicial elections, election margins, and whether a justice was appointed or elected in the initial term, since the governor may appoint a justice to fill a vacancy on …