Judges Commons^™

Comment: A View From The Bench Regarding Byron White, Federalism And The "Greatest Generation(S)" By Professor Martin S. Flaherty, The Honorable James B. Loken

University of Colorado Law Review

No abstract provided.

Foreword, Sam Hanson

William Mitchell Law Review

Introduction to issue of Recent Decisions of the Minnesota Supreme Court (from 2002-03 term).

Robert Anderson Van Wyck (1847-1918), Janet Butler Munch

Publications and Research

Robert Anderson Van Wyck (1847-1918). was a judge and NYC mayor.

Augustus Van Wyck (1850-1922), Janet Butler Munch

Publications and Research

Augustus Van Wyck (1850-1922) was a judge and NY gubernatorial candidate.

Who Was William Marbury?, David F. Forte

Law Faculty Articles and Essays

Of all the disappointed office seekers in American history, only William Marbury has been so honored as to have his portrait hung in the chambers of the United States Supreme Court alongside that of James Madison. The two titular protagonists to the Marbury v. Madison dispute had no idea that their original contretemps would ever find its way to litigation, let alone eventual mythic significance as the foundation stone of judicial review.

Judge Henry Woods: A Reminiscence, Richard S. Arnold

University of Arkansas at Little Rock Law Review

No abstract provided.

Henry Woods: A Great Lawyer, Judge, And Friend, Sid Mcmath

University of Arkansas at Little Rock Law Review

No abstract provided.

Henry Woods: Founding Father, Robert K. Walsh

University of Arkansas at Little Rock Law Review

No abstract provided.

A Tribute To Judge Henry Woods, Beth Deere

University of Arkansas at Little Rock Law Review

No abstract provided.

Tribute To The Honorable Henry Woods, Bill Wilson

University of Arkansas at Little Rock Law Review

No abstract provided.

The Elusive (But Worthwhile) Quest For A Diverse Bench In The New Millennium, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell

Articles by Maurer Faculty

No abstract provided.

Dialectic And Revolution: Confronting Kelsen And Gadamer On Legal Interpretation, Hans Lindahl

Cardozo Law Review

This paper examines the general structure and conditions of legal interpretation that arise from confronting Gadamer's philosophical hermeneutics with a determinate conception of legal interpretation suggested by Kelsen's Pure Theory of Law. The Gadamerian question, "What defines legal interpretation as interpretation?", suggests that Kelsen's reference to legal norms as "schemes of interpretation" must be radicalized: a hermeneutic circularity or dialectic is at work in the law, such that the legal interpretation of reality also changes, to a lesser or greater extent, the principle of interpretation - the legal norm. The Kelsenian question, "What defines interpretation as legal interpretation?", suggests …

Disarming The Confirmation Process, Michael M. Gallagher

Cleveland State Law Review

To improve the current process and eliminate the bitter nature of confirmation hearings, Senators should not consider a nominee's ideology in determining whether to vote for that nominee. Ideological scrutiny lacks historical and constitutional support; it has led to repeated, prolonged battles that threaten to draw the confirmation process into a dangerous stalemate. Removing ideology from judicial nominations would return the confirmation process to its original understanding, one in which the President enjoys the dominant role. Those who argue that allowing the President, not the Senate, to consider a nominee's ideology would harm the federal judiciary and ignore the nature …

Constitutional Sunsetting?: Justice O'Connor's Closing Comments On Grutter, Vikram David Amar, Evan H. Caminker

Articles

Most Supreme Court watchers were unsurprised that Justice Sandra Day O'Connor's vote proved pivotal in resolving the University of Michigan affirmative action cases; indeed, Justice O'Connor has been in the majority in almost every case involving race over the past decade, and was in the majority in each and every one of the 5-4 decisions the Court handed down across a broad range of difficult issues last Term. Some smaller number of observers were unsurprised that Justice O'Connor decided (along with the four Justices who in the past have voted to allow latitude with regard to race-based affirmative action programs) …

Unexplainable On Grounds Other Than Race: The Inversion Of Privilege And Subordination In Equal Protection Jurisprudence, Darren L. Hutchinson

Faculty Articles

In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourteenth Amendment’s Equal Protection Clause by arguing that the Supreme Court has inverted its purpose and effect. Professor Hutchinson contends that the Court, in its judicial capacity, provides protection and judicial solicitude for privileged and powerful groups in our country, while at the same time requires traditionally subordinated and oppressed groups to utilize the political process to seek redress for acts of oppression. According to Professor Hutchinson, this process allows social structures of oppression and subordination to remain intact.

First, Professor Hutchinson examines the various …

Law And Judicial Duty, Philip A. Hamburger

Faculty Scholarship

Two hundred years ago, in Marbury v. Madison, Chief Justice Marshall delivered an opinion that has come to dominate modern discussions of constitutional law. Faced with a conflict between an act of Congress and the U.S. Constitution, he explained what today is known as "judicial review." Marshall described judicial review in terms of a particular type of "superior law" and a particular type of "judicial duty." Rather than speak generally about the hierarchy within law, he focused on "written constitutions."

He declared that the U.S. Constitution is "a superior, paramount law" and that if "the constitution is superior to any …

The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.

Almost Pro Bono: Judicial Appointments Of Attorneys In Juvenile And Child Dependency Actions, Barbara Glesner Fines

Faculty Works

No abstract provided.

Avoid Bald Men And People With Green Socks? Other Ways To Improve The Voir Dire Process In Jury Selection, Valerie P. Hans, Alayna Jehle

Cornell Law Faculty Publications

During jury selection, many courts adopt a minimal approach to voir dire questions, asking a small number of close-ended questions to groups of prospective jurors and requiring prospective jurors to volunteer their biases. This Article describes research evidence showing that limited voir dire questioning is often ineffective in detecting juror bias. To improve the effectiveness of voir dire, the authors make four recommendations: (1) increase the use of juror questionnaires; (2) incorporate some open-ended questions; (3) expand the types of questions that are asked; and (4) allow attorneys to participate in voir dire.

Alj Control Of The Hearing: What Does An Alj Do About An Unruly Witness Or Obstreperous Attorney?, Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.

The Short Unhappy Judgeship Of Thurman Arnold, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.

Justice White's Federalism: The (Sometimes) Conflicting Forces Of Nationalism, Pragmatism And Judicial Restraint, Allison H. Eid

University of Colorado Law Review

No abstract provided.

Byron White, Federalism, And The "Greatest Generations(S)", Martin S. Flaherty

University of Colorado Law Review

No abstract provided.

Remembering Justice White, Honorable Ruth Bader Ginsburg

University of Colorado Law Review

No abstract provided.

Justice Byron R. White: His Legacy For The Twenty-First Century, William E. Nelson

University of Colorado Law Review

No abstract provided.

Justice White And Judicial Review, Philip J. Weiser

University of Colorado Law Review

No abstract provided.

Justice White And The Democratic-Republicans, Richard Cordray

University of Colorado Law Review

No abstract provided.

Nearest To Legitimacy : Justice White And Strict Rational Basis Scrutiny, Michael Herz

University of Colorado Law Review

No abstract provided.

Two Cheers For Judicial Restraint: Justice White And The Role Of The Supreme Court, Dennis J. Hutchinson

University of Colorado Law Review

No abstract provided.