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Articles 151 - 180 of 182
Full-Text Articles in Judges
Women Judges And Better Justice For All, John D. Feerick
Women Judges And Better Justice For All, John D. Feerick
Faculty Scholarship
According to the most recent report of The New York Judicial Committee on Women in the Courts, published in October 1992, out of a total of 1,129 judges, only 183 are female. It is clear women are under-represented in the judiciary. Decisive action is required in order to increase opportunities for women to become judges. In January 1992, Governor Cuomo's Task Force on Judicial Diversity ("the Task Force") issued its report. The Task Force strongly supported diversity and set forth compelling reasons why a diverse bench is in the public interest. The report reminded us that "diversity is vital because …
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Federal Administrative Judiciary: Establishing An Appropriate System Of Performance Evaluation For Alj's, Jeffrey Lubbers
The Federal Administrative Judiciary: Establishing An Appropriate System Of Performance Evaluation For Alj's, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Right-To-Die, Bruce Morton
Making Judicial Nominees Answer Senate Questions, John Paul Jones
Making Judicial Nominees Answer Senate Questions, John Paul Jones
Law Faculty Publications
Prof. Jones discusses the congressional powers to conduct investigations and compel answers from individuals versus the prospective judge's interest in impartiality in the of judicial nomination hearings.
Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato
Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato
Michigan Law Review
Judge Harry T. Edwards has written a lucid and seemingly logical plea for the judiciary to be granted exclusive self-regulation over all matters of judicial misconduct that fall short of crimes or impeachable offenses. His essay demonstrates the seriousness with which he regards misconduct that would bring shame to the federal judiciary. He believes that the judiciary as a whole is the best institution to ascertain and take measures against individual aberrant judges who are guilty of various forms of misconduct, and I have no doubt of the sincerity of his belief. Yet when we look at claims for self-regulation …
State Crime In The Federal Forum, Roger J. Miner '56
State Crime In The Federal Forum, Roger J. Miner '56
Federalist Society
No abstract provided.
The Copyrightability Of Useful Articles: The Second Circuit's Resistance To Conceptual Separability, Sally M. Donahue
The Copyrightability Of Useful Articles: The Second Circuit's Resistance To Conceptual Separability, Sally M. Donahue
Touro Law Review
No abstract provided.
Comparative Overview Of Service Of Process: United States, Japan, And Attempts At International Unity, Chin Kim, Eliseo Z. Sisneros
Comparative Overview Of Service Of Process: United States, Japan, And Attempts At International Unity, Chin Kim, Eliseo Z. Sisneros
Vanderbilt Journal of Transnational Law
This Article examines the differing philosophical and legal requirements for service of process in the United States and Japan. Professor Kim and Mr. Sisneros compare service of process laws in the United States, where compliance with the due process clause of the United States Constitution is a fundamental requirement, with service of process laws in Japan, where service of process is an official act of the judiciary. A detailed analysis of valid service of process by a foreign state in Japan follows. The authors then discuss the effect of the Bilateral Consular Convention Between the United States and Japan and …
Book Review: A Political Scientist Examines The Washington Supreme Court A Century Of Judging By Charles H. Sheldon, Deborah Dowd
Book Review: A Political Scientist Examines The Washington Supreme Court A Century Of Judging By Charles H. Sheldon, Deborah Dowd
Seattle University Law Review
Charles H. Sheldon asks two major questions in his recent book, A Century of Judging. In answering these questions, Sheldon focuses on the Washington Supreme Court. Unfortunately, the information gathered and analyzed is of more interest to political scientists or historians than to practicing lawyers. Lawyers should be knowledgeable about the judges before whom they may argue a case. Yet, the methodology and data utilized in A Century of Judging do not create a cohesive picture of the supreme court justices, either collectively or individually. The book compiles useful information; however, the answers to the two questions posed and …
Comments On Professor Rotunda's Essay, Richard H. Underwood
Comments On Professor Rotunda's Essay, Richard H. Underwood
Law Faculty Scholarly Articles
In this comment, Professor Richard H. Underwood provides a response to An Essay on the Constitutional Parameters of Federal Impeachment, by Professor Ronald D. Rotunda. Rotunda’s essay was published in the Kentucky Law Journal, Vol. 76, No. 3, pp. 707-732.
A Government By Judges: An Historical Re-View, Michael Henry Davis
A Government By Judges: An Historical Re-View, Michael Henry Davis
Law Faculty Articles and Essays
In 1921, Edouard Lambert, a professor of law at Lyon specializing in comparative studies and founder of an Institute of Comparative Law there, published a book, Le Gouvernement des judges et la lutte contra la legislation sociale aux Etats-Unis, thus singlehandedly creating the phrase, a "government of judges", to denote a truly unconstrained system of judicial review which could not be limited even by constitutional amendment. The phrase quickly entered the parlance of French public law and even that of popular culture, deriving much of its force, no doubt, from the historical French aversion to a strong judiciary, eventually becoming …
Teaching Tolerance, Robert F. Nagel
The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis
The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis
Law Faculty Articles and Essays
A dispute burns across the landscape of French constitutional law regarding the juridical nature of the French constitutional "Supreme Court", the Conseil constitutionnel: is it a court? Both French and American scholars have claimed that, despite superficial similarities between the U.S. Supreme Court and the French Conseil constitutionnel, the American system of judicial review "can have no counterpart in the French system", that French legal and political theory is inconstistent with an effective supreme court, that there is "no possibility" that the French and American systems could surmount this "major difference", and that the Conseil is simply not a "true …
Freedom Of Speech As Therapy, Pierre Schlag
Confronting Uncertainty In Child Abuse Adjudication: A Contextual Analysis Of Theories Of The Judical Role In A Changing Society, Lawrence W. Cohen
Confronting Uncertainty In Child Abuse Adjudication: A Contextual Analysis Of Theories Of The Judical Role In A Changing Society, Lawrence W. Cohen
Antioch Law Journal
Throughout history scholars have attempted to defend myriad conceptions of the judicial role. For instance, Corwin believed that law, embodied in nature, was to be discovered by judges.1 Cardozo also envisioned an active judiciary, responsible for keeping law consistent with the mores of the day.2 Wigmore, on the other hand, felt that personalizing justice through judicial discretion is the "antithesis of the Anglo-Saxon conception of justice."' 3 Rather, justice, if attainable at all, must be achieved through strict rule application. 4 Whereas 19th-century scholarship focused on formal rules, recent authorities have turned to contemplating how legal decisions are made and …
An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador
An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador
University of Michigan Journal of Law Reform
The recent litigation explosion presents a two-pronged dilemma for American appellate courts. If, on the one hand, the number of appellate judges is not expanded to keep abreast of growing case loads, there is a risk that courts will rely too heavily on professional staff, thereby watering down the decision-making process. If, on the other hand, the number of judges is proportionately increased with the growth in appellate litigation, the number of three-judge decisional units will also increase, thereby threatening predictability and uniformity in the law of the jurisdiction. This Article undertakes to explain that dilemma and to offer a …
Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper
Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper
University of Michigan Journal of Law Reform
The purpose of this Article is to explore these issues in light of Sacramento's experience with the expedited appeal procedure. The data presented here are drawn from an evaluation of the first twelve months of the procedure's operation. This evaluation was based on court records of the more than one hundred cases that followed the expedited procedure to completion, in-person interviews with members of the court and court staff, and telephone interviews with participating attorneys. Part I briefly sets out the new procedure and the context in which this procedure was introduced and integrated. Part II discusses the conclusions that …
Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg
Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg
Law Faculty Scholarly Articles
In considering American common law doctrines shaped during the nineteenth century, commentators have advanced differing theories on the primary judicial criteria employed by judges. Recent studies have argued that these doctrines reflect a criterion of economic efficiency. This work has been criticized for its failure to explain why there seems to be a correlation between efficiency and these decision rules or why judges might have preferred efficiency over other decisional criteria. Other studies have proposed that many judicial doctrines announced before the Civil War were intended to facilitate or ratify major shifts in the distribution of social wealth. This article …
The Changing Judiciary, Arthur Rosett
A Unified Corps Of Aljs: A Proposal To Test The Idea At The Federal Level, Jeffrey Lubbers
A Unified Corps Of Aljs: A Proposal To Test The Idea At The Federal Level, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie Girth
The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie Girth
University of Michigan Journal of Law Reform
This article examines the effort to maximize judicial control over the bankruptcy process and its impact on H.R. 8200's procedural requirements for the nonbusiness bankruptcy option known currently as the wage earners' plan. As background, it describes the present nonbusiness bankruptcy options and the statutory procedures for monitoring confirmed wage earners' plans. Then, using illustrative samples from three years of cases in the Buffalo region of the Western District of New York, it assesses whether present plans are being administered in accordance with the statutory formalities. The economic incentives which affect creditors' behavior in taking advantage of their opportunities to …
Compensation Of The Federal Judiciary: A Reexamination, Elliot A. Spoon
Compensation Of The Federal Judiciary: A Reexamination, Elliot A. Spoon
University of Michigan Journal of Law Reform
The compensation of the federal judiciary has been a persistent issue since the enactment of the Judiciary Act of 1789. The problem has been traditionally perceived in the context of particular proposals for salary increases, but the underlying issues are much more fundamental than the concerns of the day. The institutional arrangements by which judicial compensation is determined and the factors which shape that determination have a profound impact on the fiscal and human resources of the judiciary, on the power relationships among the three branches of the national government, and, thereby, on the independence and quality of the judicial …
Parajudges And The Administration Of Justice, Tom C. Clark
Parajudges And The Administration Of Justice, Tom C. Clark
Vanderbilt Law Review
The parajudge idea, like the paramedical and paralegal proposals, has met with opposition. Many persons have objected on the ground that since the judiciary's work has become increasingly complex and specialized, it is foolish to expect a nonprofessional with less training to handle it properly. On the other hand, many persons have raised more pragmatic objections based upon the argument that past parajudge systems have, regardless of the reasons, led to inadequate adjudication without reducing the strain on the judiciary. To evaluate these criticisms, we must first understand both the desperate condition of our judicial system today and the most …
The Rule Of Law And The Judicial Process, Luke K. Cooperrider
The Rule Of Law And The Judicial Process, Luke K. Cooperrider
Michigan Law Review
An anecdote which I believe I recall from one of Professor Brogan's ·writings concerns a conversation between the archbishop and the chief justice about the relative importance of their respective powers. After the conversation had continued for some time the archbishop sought to administer the coup de grâce. "I have the advantage of you, your lordship, because you see, in the long run, the most you can say to a man is, 'You shall be hanged!' whereas it is within the functions of my office to say, 'You shall be damned!' " To this, after a moment of thought, …
Vanderbilt: The Challenge Of Law Reform, Glenn R. Winters
Vanderbilt: The Challenge Of Law Reform, Glenn R. Winters
Michigan Law Review
A Review of The Challenge of Law Reform. By Arthur T. Vanderbilt.
The Inherent Power Of The Judiciary, Henry M. Dowling
The Inherent Power Of The Judiciary, Henry M. Dowling
Indiana Law Journal
Address delivered by Henry M. Dowling of the Indianapolis Bar at the Annual Meeting of the Indiana State Bar Association September 7, 1935; first published in the October American Bar Association Journal and reprinted here with permission of that journal.
The Work Of The Trial Courts In Indiana, Maurice E. Crites
The Work Of The Trial Courts In Indiana, Maurice E. Crites
Indiana Law Journal
The papers constituting this symposium were addresses delivered to the Indiana State Bar Association at its Thirty-eighth Annual Meeting, Lake Wawasee, July 12 and 13, 1934.
President Roosevelt And The Judiciary, Rex M. Petterf
President Roosevelt And The Judiciary, Rex M. Petterf
Indiana Law Journal
No abstract provided.
Dissatisfaction With Our Judges, C A. Kent
Dissatisfaction With Our Judges, C A. Kent
Michigan Law Review
Dissatisfaction with our judges is no new thing. It existed with the United States Supreme Court in the time of Chief Justice MARSHALL, the greatest of American jurists, after the Dred Scott decision, after the conflicting decisions on the power of Congress to make the government notes a legal tender, and at other times. Probably there is no one of the older states where dissatisfaction with the state courts has not been sometimes acute.