Judges Commons^™

A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock

Cardozo Law Review

A personal view of Justice Benjamin N. Cardozo and his approach to the law is perhaps best provided by those who worked under his direct tutelage. Four men who served as law clerks to the Justice during his six year term on the Supreme Court agreed to share their reflections on that experience in this commemorative volume. Joseph Rauh, the Justice's last law clerk, wrote first; his recollections were then circulated among the other three: Melvin Siegel, Ambrose Doskow and Alan M. Stroock. Their responses to Mr. Rauh's memories of the Justice and his judicial style present intriguing contrasts and …

Judicial Legislation, Anthony D'Amato

Cardozo Law Review

No abstract provided.

Law, Literature And Cardozo's Judicial Poetics, Richard H. Weisberg

Cardozo Law Review

The following article suggests a new perspective on Benjamin N. Cardozo's judicial theory. The introductory pages offer a comparison of Cardozo to a strikingly similar figure from the literary world, Flaubert, and in that light emphasize his awareness and acceptance of the place of culture and intuition in the judicial enterprise. Part I perceives Cardozo's imprecisely named "Method of Sociology" as pointing, in effect, to a "Method of Culture." This section also elaborates on the intuitive element of his judicial "poetics," not as a method in itself, but as the disciplined subjectivity which leads judges to use his four methods …

Reflections On "The Nature Of The Judicial Process", Ernest Nagel

Cardozo Law Review

More than half a century has gone by since Cardozo delivered the three series of lectures, subsequently published in three wellknown books, in which he presented his philosophy of law with impressive learning and arresting (but sometimes distracting) eloquence. His jurisprudential views as well as his judicial decisions were influential in his lifetime; and his philosophical writings continue to be read, though it is difficult to say how widely or with what effect on their readers. In any event, during the past fifty years there has been a renaissance of active interest in legal philosophy, in this country as well …

Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund

Cardozo Law Review

No abstract provided.

Cardozo's Appointment To The Supreme Court, Andrew L. Kaufman

Cardozo Law Review

Shortly before noon on February 15, 1932, Herbert Cone, confidential clerk to the New York Court of Appeals, went to the Albany train station to pick up Chief Judge Benjamin Cardozo and to give him a message. He told Cardozo that Lawrence Richey, special secretary to President Hoover, had tried to reach him at his New York office earlier that morning and had asked that he call the President as soon as he reached Albany. Cardozo returned the President's call from his office at the Court of Appeals and received an offer of appointment as a Justice of the Supreme …

The Moral Element In Cardozo's Jurisprudence, Stanley C. Brubaker

Cardozo Law Review

No abstract provided.

Disqalification Of Justices And The Constitutional Status Of The Judicial Budget: State Ex Rel. Bagley V. Blankenship, Kathleen Duffield

West Virginia Law Review

No abstract provided.

The Promise And The Performance Of The Missouri Plan: Judicial Selection In The Fifty States, Henry R. Glick

University of Miami Law Review

Attempts to improve the integrity of the judiciary have focused on the proper method of selecting judges. In this article, the author analyzes whether the Missouri Plan has achieved its expected goals: improving the selection process; emphasizing professional qualifications rather than political influence; and promoting superior decision-making by the bench.

The Non-Precedential Precedent - Limited Publication And No-Citation Rules In The United States Courts Of Appeals, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.

Judicial Immunity And Sovereignty, Robert F. Nagel

Publications

No abstract provided.

Stump V. Sparkman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Caesar's Wife Revisited*--Judicial Disqualification After The 1974 Amendments

Washington and Lee Law Review

No abstract provided.

The Use Of Advisory Juries In Obscenity Cases, Jeffrey B. Berman

Faculty Works

Almost two hundred years ago, the Founding Fathers faced the question of whether or not the Constitution should provide for a trial by jury in civil cases in federal courts. The Constitutional Convention said no, 1 but the state ratifying conventions said yes and won the day. Today, trial judges must periodically face the question of whether or not there is a right to a trial by jury in civil cases. The trial judge's decision is, however, different from that of the Founding Fathers. The trial judge must decide whether a right to a jury trial exists in a particular …

The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner

Villanova Law Review (1956 - )

No abstract provided.

Tribute To Chief Justice Donald R. Wright, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

Exploring The Conservatism Of Federal Appeals Court Judges, Charles M. Lamb

Indiana Law Journal

No abstract provided.

Must We Have The Nunn Bill? The Alternative Of Judicial Councils Of The Circuits, J. Clifford Wallace

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

Patent Cases In The District Courts-Who Should Hear Them, Abraham Lincoln Marovitz

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

The Threat To Judicial Independence, Robert A. Sprecher

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

Judicial Ethics--Recusal Of Judges--The Need For Reform, Don R. Sensabaugh Jr.

West Virginia Law Review

No abstract provided.

Discretion And Judicial Decision: The Elusive Quest For The Fetters That Bind Judges, Kent Greenawalt

Faculty Scholarship

"The Judge as a Legislator" is the subtitle of the third of Benjamin Cardozo's famous lectures on The Nature of the Judicial Process, delivered in 1921. Though emphasizing the restraints under which judges should act, Cardozo nevertheless compares the task of the judge with that of the legislator:

The choice of methods, the appraisement of values, must in the end be guided by like considerations for the one as for the other. Each indeed is legislating within the limits of his competence. No doubt the limits for the judge are narrower. He legislates only between gaps. He fills the open …

The Fee System Courts: Financial Interest Of Judges And Due Process

Washington and Lee Law Review

No abstract provided.

Organizational Contumacy In The Transmission Of Judicial Policies: The Mapp, Escobedo, Miranda, And Gault Cases, Bradley C. Canon

Villanova Law Review (1956 - )

No abstract provided.

The Black Philadelphia Lawyer, Charles L. Mitchell

Villanova Law Review (1956 - )

No abstract provided.

Judicial Recusation In The Fedearl Republic Of Germany, Sigmund A. Cohn

Scholarly Works

The much debated problem of the qualification of judges has two aspects: First, the general qualification of an individual to be a judge and, second, his qualification to be a judge in a specific case. The second aspect, the qualification to be a judge in a specific case, has recently become the object of special attention. The problem has been stated with cogence and breadth by Mr. Justice Frankfurter. The breath of this state lies in the demand that the administration of justice should not only be disinterested in fact but should also reasonably appear to be so. The objective …

Arizona's Inferior Courts, Harold H. Bruff

Publications

For many citizens Arizona's inferior courts provide their primary, perhaps only, contact with the state's justice system. This Article--based in large part upon a thorough empirical and personal study of these lower courts--discusses the role that the courts play, the procedures that they observe, the qualifications of the personnel they employ, and the sufficiency of the justice they render. These findings are then evaluated, and recommendations for change are made.

Mr. Justice Cardozo And The New Deal: An Appraisal, David N. Atkinson

Villanova Law Review (1956 - )

No abstract provided.

Book Reviews, Richard G. Singer, Alfred H. Knight, Iii

Vanderbilt Law Review

Counsel on Appeal Edited by Arthur A. Charpentier New York: McGraw-Hill, 1968. Pp. xi, 223.

reviewer: Richard G. Singer

===================================

Law Without Sanctions By Michael Barkun New Haven and London: Yale University Press, 1968. Pp. 175. $6.50

reviewer: Alfred H. Knight, III