Judges Commons^™

Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett

Faculty Publications

In our system of constitutional decision-making, the Supreme Court makes law as an institution in its formal written opinions. The Court and its individual members make their official legal marks in the printed pages of the United States Reports. In June 1968, in Terry v. Ohio and Sibron v. New York, the two decisions that approved the constitutionality under the Fourth Amendment of police stop and frisk practices, the Court filled many official pages with rich discussion. Over the ensuing thirty years, these Court and individual opinions have shaped the course of constitutional analysis in our courts and guided the …

What Is Law? A Search For Legal Meaning And Good Judging Under A Textualist Lens, Roger Colinvaux

Indiana Law Journal

No abstract provided.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 9, Issue 2, Winter 1997.

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 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.

Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines

St. Thomas Law Review

This Article is not written in defense of drunk drivers - they have no defense. It is written in defense of due process, which the courts, by constitutional mandate, must provide to al defendants including drunk drivers. It is a mandate the New Jersey Supreme Court has ignored, thereby encouraging the appearance of an over-eagerness to convict. Too often, the court has curtailed the liberties of DWI defendants, speeding convictions, and therefore dispositions, to further the demands of efficiency.

Bearing Arms In State Bills Of Rights, Judicial Interpretation, And Public Housing, Robert Dowlut

St. Thomas Law Review

This article will review how state courts interpret state constitutional guarantees to arms, address the refusal by some courts to apply established rules on the interpretation of constitutional guarantees to arms cases, and examine discriminatory firearm bans in public housing.

Equal Protection

Touro Law Review

No abstract provided.

Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.

Public land management has undergone major changes in recent years in response to the greatly increased planning responsibilities mandated by Congress.

Public Lands During the Remainder of the 20th Century: Planning Law and Policy in the Federal Land Agencies looked at management and planning issues related to seven major resources in the public lands: timber, rangeland, minerals, wildlife, water, recreation, and preservation values. Charles F. Wilkinson, Professor of Law, University of Colorado, gave a luncheon talk on "Public Land Planning: Will …

Justice Scalia: Standing, Environmental Law And The Supreme Court, Michael A. Perino

Faculty Publications

President Reagan's appointment of Antonin Scalia to the United States Supreme Court raises concern among liberals that Justice Scalia will help lead the Court away from a number of liberal positions toward a new conservatism. The Reagan Administration's requirement that judicial appointments advance the Administration's preference for judicial restraint and strict constructionism enhances this concern. These new executive requirements mean that federal courts should accord greater authority to the democratically elected branches of the government. Justice Scalia's primary areas of study, administrative law and separation of powers, reflect his adherence to judicial self-restraint.

One aspect of administrative law and separation …

Remarks, Introduction Of Professor E. Donald Shapiro, Bar-Ilan University Reception, Roger J. Miner '56

Tributes & Testimonials

No abstract provided.

Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust

IUSTITIA

The intellectual world of the nineteenth century judge was one in which the two main concerns relevant to our topic here were what the judge's role ought to be in the evolution of law in a democratic society, and whether a recognition and application of 'natural law' was ever appropriate to a legal system. Professor Cover reviews exhaustively the eighteenth and nineteenth century sources from which American judges drew their ideas on these subjects, and studies practically all of the antebellum slavery litigation to discover how judges actually applied these doctrines in the context of slavery cases. What he comes …

The Law Of Sales, John Barker Waite

Books

I conceive law to be the aggregation of rules which courts of justice feel themselves more or less obligated to follow in deciding controversies. To some extent these rules are formulated and declared by legislative authority. Most of them, however, have been evolved by judges themselves. These latter rules are not always easy to formulate; if they were, there would be no need for real text-books. Even the precise utterances of various judges can not always be accepted as rules. I believe that no judge has power, either practically or theoretically, to bind other judges by any declaration of rule …