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Articles 61 - 75 of 75
Full-Text Articles in Judges
Clerks In The Maze, Pierre Schlag
Clerks In The Maze, Pierre Schlag
Michigan Law Review
It must be very difficult to be a judge - particularly an appellate judge. Not only must appellate judges reconcile often incommensurable visions of what law is, what it commands, or what it strives to achieve, but judges must do this largely alone. What little help they have in terms of actual human contact, apart from their clerks, typically takes the form of two or more advocates whose entire raison d'être is to persuade, coax, and manipulate the judge into reaching a predetermined outcome - one which often instantiates or exemplifies only the most tenuous positive connection to the rhetoric …
Remarks: Appellate Advocacy Program, New York County Lawyers Association, Roger J. Miner '56
Remarks: Appellate Advocacy Program, New York County Lawyers Association, Roger J. Miner '56
Bar Associations
No abstract provided.
The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel
The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel
Scholarly Works
No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often examine …
Ringing The Bell, Roger J. Miner '56
Remarks, J.R. Scully Retirement Luncheon, Roger J. Miner '56
Remarks, J.R. Scully Retirement Luncheon, Roger J. Miner '56
Tributes & Testimonials
No abstract provided.
The Hushed Case Against A Supreme Court Appointment: Judge Parker's "New South" Constitutional Jurisprudence, 1925-1933, Peter G. Fish
The Hushed Case Against A Supreme Court Appointment: Judge Parker's "New South" Constitutional Jurisprudence, 1925-1933, Peter G. Fish
Faculty Scholarship
No abstract provided.
Safeguarding The Litigant's Constitutional Right To A Fair And Impartial Forum: A Due Process Approach To Improprieties Arising From Judicial Campaign Contributions From Lawyers, Mark Andrew Grannis
Safeguarding The Litigant's Constitutional Right To A Fair And Impartial Forum: A Due Process Approach To Improprieties Arising From Judicial Campaign Contributions From Lawyers, Mark Andrew Grannis
Michigan Law Review
This Note will argue that the improprieties arising from some campaign contributions are so egregious that they offend the due process clause of the fourteenth amendment. Consequently, states must either reform judicial campaigns to eliminate such improprieties, or, through mandatory judicial recusal or disqualification, respect the absolute constitutional right to an impartial forum. Part I of this Note will examine the history of disqualification at common law and in American practice, focusing on the extent to which it has been held to be a requirement of due process. Part II will argue that under the applicable due process standards, a …
The Iconoclast As Reformer: Jerome Frank's Impact On American Law, Matthew W. Frank
The Iconoclast As Reformer: Jerome Frank's Impact On American Law, Matthew W. Frank
Michigan Law Review
A Review of The Iconoclast as Reformer: Jerome Frank's Impact on American Law by Robert Jerome Glennon
A Judge’S Advice To Today’S Law Graduates, Roger J. Miner '56
A Judge’S Advice To Today’S Law Graduates, Roger J. Miner '56
Lawyers and the Legal Profession
No abstract provided.
Brandeis, Michigan Law Review
Brandeis, Michigan Law Review
Michigan Law Review
A Review of Brandeis by Lewis J. Paper
Book Review, Mark J. Loewenstein
The Black Philadelphia Lawyer, Charles L. Mitchell
The Black Philadelphia Lawyer, Charles L. Mitchell
Villanova Law Review (1956 - )
No abstract provided.
Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar
Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar
Faculty Scholarship
Foreword to Harvard Law Review review of Supreme Court 1969 Term
Conduct Of Judges And Lawyers, Stanley E. Dadisman
Conduct Of Judges And Lawyers, Stanley E. Dadisman
West Virginia Law Review
No abstract provided.
Some Hints On Defects In The Jury System, James V. Campbell
Some Hints On Defects In The Jury System, James V. Campbell
Articles
The occasional freaks of juries have now and then led some members of the bar to speculate on the policy of doing without them entirely, and some persons no doubt think that they have strong convictions that the jury system has become useless. It is safe to say that these extreme views are altogether speculative, and not based on any careful comparison of results. Most persons who have looked into their own experience with courts and juries are ready to agree that where there is no dispute about main facts, so that the chief dispute is one of law, there …