Judges Commons^™

Confrontation Clause

Touro Law Review

No abstract provided.

Double Jeopardy

Touro Law Review

No abstract provided.

Double Jeopardy

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Jurisdiction Of The County Court

Touro Law Review

No abstract provided.

Search And Seizure

Touro Law Review

No abstract provided.

Search And Seizure

Touro Law Review

No abstract provided.

The Failure Of Felix Frankfurter, Melvin I. Urofsky

University of Richmond Law Review

There is, unfortunately, no way one can predict whether a person appointed to the Supreme Court will be a great justice or a mediocre one. The nomination of John Marshall, for example, evoked numerous complaints about his lack of ability. The Philadelphia Aurora characterized him as "more distinguished as a rhetorician and sophist than as a lawyer and statesman," and the Senate, in fact, delayed its confirmation vote for a week hoping President John Adams would change his mind. When Woodrow Wilson appointed Louis D. Brandeis to the Court in 1916, pillars of the bar crowded into the Senate judiciary …

Judge (A Tribute To Judge Frank M. Coffin), J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

Becoming Judge Coffin's law clerk must be the most fortunate of conclusions to a legal education. His judicial craftsmanship sets a standard for thoughtful professionalism that a young lawyer can never outgrow. In those salt-scented and book-lined chambers, briefs were painstakingly and critically read, precedents and statutes honestly interpreted and challenged to yield just results, opinions written and rewritten to convey the significance of a small distinction or the applicability of a large principle.

Judicial Discretion And The 1983 Amendments To The Federal Civil Rules, Carl W. Tobias

Law Faculty Publications

The first section of this Article briefly describes the developments which created the perception that the federal courts were experiencing a litigation explosion and which ultimately led to the promulgation of the 1983 amendments as one response to the perceived explosion. It also examines the substantive content of those changes, especially how the revisions enlarged federal judicial discretion. The second section evaluates the courts' implementation of the 1983 amendments and finds that this application has adversely affected numerous litigants, particularly civil rights plaintiffs, while providing some benefits, namely fostering more expeditious dispute resolution.

The third section provides suggestions for the …

Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver

Scholarly Works

Professor Silver advocates recognition of an inherent judicial power to send or authorize notice of pending litigation to potentially interested persons with unfiled claims. Recognizing such a judicial power is consistent with recent legal developments establishing a role for judges in expediting and managing federal litigation. Although the Federal Rules of Civil Procedure only explicitly provide for notice to potential parties in Rule 23 class action litigation, Professor Silver demonstrates that a more general judicial power to notify putative plaintiffs is consistent with the federal rules and the Constitution. She also shows that the first amendment values support a judicial …

Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen

Faculty Scholarship

The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …

Justice Brennan, Peter L. Strauss

Faculty Scholarship

The editors of the St. John's Law Review have given me the boon of a few pages in which to celebrate Justice Brennan with you. The problem for a former law clerk, for anyone who has known this man, is to know where to begin, and how to keep the appreciation within manageable compass.

Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton

Articles

No abstract provided.

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 …

Beyond Candor, Scott Altman

Michigan Law Review

In Part I, I consider whether judges might hold inaccurate beliefs that make them more candid and constrained. I suggest that even if theories of neutral decisionmaking are incomplete and inaccurate, a legal system in which judges hold these beliefs about their own behavior could have advantages. If many judges believe that they can, should, and do decide almost all cases by following the law, they might behave differently than they would if they held more accurate beliefs. They might behave so as to facilitate repression and denial, because their self-esteem depends on maintaining the belief that they decide as …

Citizenship And Scholarship (Review Essay), George Kannar

Book Reviews

Review of Robert H. Bork, The Tempting of America: The Political Seduction of the Law (1990); Ethan Bronner, Battle for Justice: How the Bork Nomination Shook America (1989); Michael Pertschuk & Wendy Schaetzel, The People Rising: The Campaign Against the Bork Nomination (1989); Patrick B. mcGuigan & Dawn M. Weyrich, Ninth Justice: The Battle for Bork (1990).

Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann

Faculty Scholarship

This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.¹ In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. ² Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, ³ thus settling a controversial …

The Theory And Practice Of Defending Judges Against Unjust Criticism, Ronald J. Bacigal

Law Faculty Publications

Having set forth the above premise and conclusion, the American Bar Association Subcommittee on Unjust Criticism of the Bench promulgated a model program for bar associations to follow when countering inaccurate or unjust criticism of judges. This article presents no quarrel with the model program but instead seeks to relate the model to an empirical account of how it might operate in practice. It must be remembered that the acid test of a theoretical model is not whether the theory is "true" in a purely academic sense but whether the model is useful in describing the "real world. " In …

A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Milton Handler, Brian Leiter, Carole E. Handler

Cardozo Law Review

No abstract provided.

Selecting Law Clerks, Patricia M. Wald

Michigan Law Review

April may indeed have been "the cruellest month" this year for federal judges and their prospective clerks. For a decade now, federal judges have been trying - largely without success - to conduct a dignified, collegial, efficient law clerk selection process. Because each federal judge has only to choose two to three clerks each year, and there is a large universe of qualified applicants graduating each year from our law schools, this would not seem an insurmountable task. And because each federal judge has choice first-year positions to offer and has no need or ability to dicker on salary or …

Public Choice And The Judiciary: Introductory Notes, William C. Mitchell, Randy T. Simmons

BYU Law Review

No abstract provided.

Justice Samuel Chase V. Thomas Jefferson: A Response To Stephen Presser

BYU Law Review

No abstract provided.

Narrowing The Scope Of Absolute Judicial Immunity From Section 1983 Suits: The Bar Grievance Committee And The Judicial Function, Jon Evan Waddoups

BYU Law Review

No abstract provided.