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Articles 151 - 180 of 222
Full-Text Articles in Judges
Eulogy For The Honorable Warren E. Burger, Chief Justice, Supreme Court Of The United States, William H. Rehnquist
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
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.
Section 1: Justices' Profiles, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Justices' Profiles, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Justice Lewis F. Powell And The Jurisprudence Of Centrism, Mark Tushnet
Justice Lewis F. Powell And The Jurisprudence Of Centrism, Mark Tushnet
Michigan Law Review
A Review of Justice Lewis F. Powell, Jr by John C. Jeffries, Jr.
Justice Oliver Wendell Holmes: Law And The Inner Self, Michael A. Carrier
Justice Oliver Wendell Holmes: Law And The Inner Self, Michael A. Carrier
Michigan Law Review
A Review of Justice Oliver Wendell Holmes: Law and the Inner Self by G. Edward White
Hugo Black Among Friends, Dennis J. Hutchinson
Hugo Black Among Friends, Dennis J. Hutchinson
Michigan Law Review
A Review of Hugo Black: A Biography by Roger K. Newman
Reply: Self-Incrimination And The Constitution: A Brief Rejoinder To Professor Kamisar, Akhil Reed Amar, Renée B. Lettow
Reply: Self-Incrimination And The Constitution: A Brief Rejoinder To Professor Kamisar, Akhil Reed Amar, Renée B. Lettow
Michigan Law Review
A Reply to Yale Kamisar's Response to the "Fifth Amendment Principles: The Self-Incrimination Clause"
Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow
Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow
Michigan Law Review
In Part I of this article, we examine the global puzzle of the Self-Incrimination Clause and the local confusion or perversion lurking behind virtually every key word and phrase in the clause as now construed. In Part II we elaborate our reading of the clause and show how it clears up the local problems and solves the overall puzzle.
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
Articles
Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.
Trademark Protection For Color: Basking In The Warmth Of "Sun Glow", Jennifer D. Silverman
Trademark Protection For Color: Basking In The Warmth Of "Sun Glow", Jennifer D. Silverman
Touro Law Review
No abstract provided.
Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman
Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman
Articles
For the most part, the Supreme Court's decisions in 1932 and 1933 disappointed liberals. The two swing Justices, Chief Justice Charles Evans Hughes and Justice Owen J. Roberts, seemed to have sided more with the Court's four conservatives than with its three liberals. Between early 1934 and early 1935, however, the Court issued three thunderbolt decisions, all by five-to-four votes on the liberal side and with either Hughes or Roberts writing for the majority over the dissent of the conservative foursome: in January 1934, Home Building & Loan Ass'n v. Blaisdell' severely limited the extent to which the Contracts Clause …
A Reaffirmation: The Authenticity Of The Roberts Memorandum, Or Felix The Non-Forger (Justices Felix Frankfurter And Owen J. Roberts), Richard D. Friedman
A Reaffirmation: The Authenticity Of The Roberts Memorandum, Or Felix The Non-Forger (Justices Felix Frankfurter And Owen J. Roberts), Richard D. Friedman
Articles
In the December 1955 issue of this Law Review, Justice Felix Frankfurter published a tribute to his late friend and colleague, Owen J. Roberts.' The tribute centered on what Frankfurter claimed was the text of a memorandum that Roberts wrote in 1945 to explain his conduct in the critical minimum wage cases of 1936 and 1937, Morehead v. New York ex rel. Tipaldo2 and West Coast Hotel Co. v. Parrish.' Scholars have often challenged the adequacy of Roberts's account of why he cast decisive votes for the conservatives in Tipaldo and for the liberals in West Coast Hotel.4 Until recently, …
A Biography Of The Second Justice Harlan, Louis R. Cohen
A Biography Of The Second Justice Harlan, Louis R. Cohen
Michigan Law Review
A Review of John Marshall: Great Dissenter of the Warren Court by Tinsley E. Yarbrough
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Section 1: Moot Court: Nixon V. United States, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: Nixon V. United States, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Liberals And Balancing, Robert F. Nagel
Abe Fortas: A Biography, Michael F. Colosi
Abe Fortas: A Biography, Michael F. Colosi
Michigan Law Review
A Review of Abe Fortas: A Biography by Laura Kalman
Review Of Cardozo: A Study In Reputation, By R. Posner, Richard D. Friedman
Review Of Cardozo: A Study In Reputation, By R. Posner, Richard D. Friedman
Reviews
Judge Richard Posner has written a genial book about one of our greatest judicial icons, Benjamin N. Cardozo.1 He seeks not only to assess the merits of Cardozo's writings, both on and off the bench, but also to measure, and determine the causes of, Cardozo's reputation. The book is an outgrowth of a lecture series,2 and it reveals its origins in at least two ways. First, the book attempts to reach a mixed audience, composed of both lawyers and laypeople, and in this aspect it is very successful. Nonlawyers, I believe, will have little difficulty following Judge Posner's essential arguments, …
Judging The Judges: Three Opinions, James Boyd White
Judging The Judges: Three Opinions, James Boyd White
West Virginia Law Review
For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision?' The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …
Judging The Judges: Three Opinions, James Boyd White
Judging The Judges: Three Opinions, James Boyd White
Articles
For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision? The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Publications
No abstract provided.
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
Touro Law Review
No abstract provided.
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Publications
No abstract provided.
Advice, Consent, And Influence, Robert F. Nagel
The Supreme Court In Politics., Terrance Sandalow
The Supreme Court In Politics., Terrance Sandalow
Reviews
Despite all that has been written about the bitter struggle initiated by President Reagan's nomination of Robert Bork to a seat on the Supreme Court, its most remarkable feature, that it was waged over a judicial appointment, has drawn relatively little comment. Two hundred years after the Philadelphia Convention, Hamilton's "least dangerous" branch - least dangerous because it would have "no influence over either the sword or the purse, no direction either of the strength or the wealth of the society, and can take no active resolution whatever"'-had come to occupy so important a place in the nation's political life …
The Parable As Legal Scholarship, G. Edward White
The Parable As Legal Scholarship, G. Edward White
Michigan Law Review
A Review of Two Jewish Justices: Outcasts in the Promised Land by Robert Burt
Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore
Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore
Touro Law Review
No abstract provided.
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Touro Law Review
No abstract provided.
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
Publications
No abstract provided.
Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan
Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan
Antioch Law Journal
In January 1983, the United States Court of Appeals for the Eleventh Circuit decided the case of Hance v. Zant. Establishing a stringent standard apparently in line with the Supreme Court's requirement of heightened reliability in capital cases, the Eleventh Circuit reversed Hance's death sentence. The court held, inter alia, that the prosecutor's inflammatory closing argument at the end of the sentencing phase of the trial was violative of the eighth and fourteenth amendments. Six months later, in a group of four other death penalty cases, the United States Supreme Court dismissed challenges to the sentencing process.2 The Court held …