Judges Commons^™

Equal Protection

Touro Law Review

No abstract provided.

State Constitutional Jurisprudence: Decision Making At The New York Court Of Appeals, Michael Hutter, Vincent Bonventre, Luke Bierman

Touro Law Review

No abstract provided.

When Judges Are Gatekeepers: Democracy, Morality, Status, And Empathy In Duty Decisions (Help From Ordinary Citizens), Cheryl L. Wade

Faculty Publications

(Excerpt)

Imagine that you are eighteen and you have just graduated from high school. Even though you have no cognitive disability and have spent twelve years of your life attending public schools, you are functionally illiterate. If your predicament was caused by negligent educators, your action for educational malpractice would be called a "failure to educate" case and it would be denied.

Or, imagine that you enter a public school kindergarten class and you are examined by the school's psychologist. On the basis of a verbal intelligence test, the psychologist concludes that you are mentally retarded. In reality, you have …

Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett

Faculty Publications

As the 1996 election year commenced, the leading issues of the day included welfare reform, late-term abortions, Bosnia, immigration, drugs, taxes, the budget deficit, and the budget impasse that had shut parts of the federal government. The "hot" national issues did not include judicial philosophy, federal judicial appointments, individual judges or particular judicial decisions. Within weeks, however, that changed, thanks to a single judicial opinion. On January 22, 1996, United States District Judge Harold Baer, Jr., decided a pretrial motion to suppress evidence in the then (and now) obscure New York federal drug prosecution of a woman from Detroit named …

Judicial Knowledge, William B. Fisch

Faculty Publications

This paper reviews rules governing the use by judges in United States courts of their personal knowledge - as distinguished from that supplied by the parties in the adjudication of a civil case, whether of the particular facts out of which the dispute arises, or of general information with which the particular facts must be processed, or of law which is to be applied to the particular facts.

The Most Dangerous Justice: The Supreme Court At The Bar Of Mathematics, Paul H. Edelman, Jim Chen

Vanderbilt Law School Faculty Publications

We analyze the relative voting power of the Justices based upon Supreme Court decisions during October Term 1994 and October Term 1995. We take two approaches, both based on ideas derived from cooperative game theory. One of the measures we use has been used in connection with voting rights cases. After naming the Most Dangerous Justice, we conclude by identifying and explaining the inverse relationship between seniority and voting power.

Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi

Publications

No abstract provided.

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

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.

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

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

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

William & Mary Law Review

No abstract provided.

W Stories: Women In Leadership Positions In The Judiciary, Deanell Reece Tacha

West Virginia Law Review

No abstract provided.

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, …

"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 …

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.

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

Villanova Law Review (1956 - )

No abstract provided.

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.

Politcs And The Courts: A Positive Theory Of Judicial Doctrine And The Rule Of Law, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.

Anti-Intellectualism, Pierre Schlag

Publications

No abstract provided.

What's Happening With Respect To The Second Circuit, Hon. George C. Pratt

Touro Law Review

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Power Of Courts

Touro Law Review

No abstract provided.

Art Of Judicial Biography, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Nomination Of Justice Brennan: Eisenhower's Mistake: A Look At The Historical Record, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Missing The "Play Of Intelligence", Daniel A. Farber

William & Mary Law Review

No abstract provided.

Some Implications Of Daubert And Its Potential For Misuse: Misapplication To Environmental Tort Cases And Abuse Of Rule 706(A) Court-Appointed Experts, Ellen Relkin

Cardozo Law Review

This Commentary will address an array of issues underlying and emerging from the disputes in Daubert v. Merrell Dow Pharmaceuticals, Inc., and its inevitable progeny, from a practitioner's perspective representing plaintiffs in toxic tort litigation. It is intended to provide real examples that debunk the quaint but unrealistic notion that science is pure and insulated from economics and politics, the propagandized suggestion that it is the plaintiff's expert who promotes "fringe" or "junk" science, and the belief that epidemiology is the sine qua non of proving causation of a disease. It will also address the potential perils of the …