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Full-Text Articles in Judges

Judge Posner's Jurisprudence Of Skepticism, Steven J. Burton Dec 1988

Judge Posner's Jurisprudence Of Skepticism, Steven J. Burton

Michigan Law Review

This essay suggests that there is an instructive incompleteness in Judge Posner's transition from scientific observer to legal actor. His legal skepticism should be understood as a legacy of his days as an inquiring economist, observing and forming beliefs about law and the judicial process from the academy. His affirmation of judicial practices stems from his new respect for practical reason, which seems to result from the experience of performing judicial duties. This essay will argue that a more complete assimilation of the practical perspective of the legal actor would undercut Judge Posner's arguments for legal skepticism.


Justice Cardozo, One-Ninth Of The Supreme Court, Milton Handler, Michael Ruby Nov 1988

Justice Cardozo, One-Ninth Of The Supreme Court, Milton Handler, Michael Ruby

Cardozo Law Review

No abstract provided.


The Judge Who Could Not Tell His Right From His Left And Other Tales Of Learning Disabilities, Jeffry Gallet Oct 1988

The Judge Who Could Not Tell His Right From His Left And Other Tales Of Learning Disabilities, Jeffry Gallet

Buffalo Law Review

No abstract provided.


One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr. Oct 1988

One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.

North Carolina Central Law Review

No abstract provided.


Judicial Process As An Empirical Study: A Comment On Justice Brennan's Essay, Charles M. Yablon Oct 1988

Judicial Process As An Empirical Study: A Comment On Justice Brennan's Essay, Charles M. Yablon

Cardozo Law Review

No abstract provided.


Lord Mansfield And Negotiable Instruments, Jane D. Samson Oct 1988

Lord Mansfield And Negotiable Instruments, Jane D. Samson

Dalhousie Law Journal

In any system of judge-made law the longevity, education and character of a judge have enhanced significance. The idea of a judge personifies Justice, blinded and impartial, but the law he creates will inevitably be infused with his personality. Where an individual develops an entire system of law, his contribution to legal history can be overwhelming. Lord Mansfield remains a case in point.


Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr. Oct 1988

Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr.

Cardozo Law Review

No abstract provided.


Humane Law And Humanisitic Justice, Edward De Grazia Oct 1988

Humane Law And Humanisitic Justice, Edward De Grazia

Cardozo Law Review

No abstract provided.


Passion For Justice, Martha L. Minow, Elizabeth V. Spelman Oct 1988

Passion For Justice, Martha L. Minow, Elizabeth V. Spelman

Cardozo Law Review

No abstract provided.


Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy Oct 1988

Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy

Cardozo Law Review

No abstract provided.


The Dialogue Of Heart And Head, Lynne Henderson Oct 1988

The Dialogue Of Heart And Head, Lynne Henderson

Cardozo Law Review

No abstract provided.


Justice Brennan, Natural Right, And Constitutional Interpretation, George Anastaplo Oct 1988

Justice Brennan, Natural Right, And Constitutional Interpretation, George Anastaplo

Cardozo Law Review

No abstract provided.


A Justice's Passion, David Cole Oct 1988

A Justice's Passion, David Cole

Cardozo Law Review

No abstract provided.


Judicial Discretion, Or The Self On The Shelf, Richard H. Weisberg Oct 1988

Judicial Discretion, Or The Self On The Shelf, Richard H. Weisberg

Cardozo Law Review

No abstract provided.


Coming Of Age Some More: "Law And Literature" Beyond The Cradle, Richard H. Weisberg Oct 1988

Coming Of Age Some More: "Law And Literature" Beyond The Cradle, Richard H. Weisberg

Articles

The article explores the historical development and significance of the Law and Literature movement, emphasizing the importance of literature in understanding legal reasoning, judicial writing, and professional ethics. It highlights how literature provides unique insights into the legal profession and advocates for its integration into legal education and practice to enhance ethical understanding and communication skills.


The Virtues And Vices Of A Judge: An Aristotelian Guide To Judicial Selection, Lawrence B. Solum Sep 1988

The Virtues And Vices Of A Judge: An Aristotelian Guide To Judicial Selection, Lawrence B. Solum

Faculty Scholarship

My argument will begin in Part I with a brief exploration of the idea that a good judge must possess judicial virtue. This account will relate my view of judging to the tradition of Aristotelian moral and political theory. Part II will sketch the distinctive intellectual and moral virtues required for excellence in judging. To be a good appellate judge, one must possess at least three virtues: a faculty for theoretical understanding of the law, a concern for the integrity of the law, and a practical ability to choose wisely in particular circumstances. In Part III, I will argue that …


Post-Structuralism, The Ethical Relation, And The Law, Drucilla Cornell Aug 1988

Post-Structuralism, The Ethical Relation, And The Law, Drucilla Cornell

Cardozo Law Review

No abstract provided.


Plager Named To Federal Post Jul 1988

Plager Named To Federal Post

Sheldon Plager (1977-1984)

No abstract provided.


Judicial Discipline And Due Process In Washington State—In Re Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987), Stephen Hobbs Jul 1988

Judicial Discipline And Due Process In Washington State—In Re Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987), Stephen Hobbs

Washington Law Review

This Note evaluates recent developments in Washington State concerning due process rights in judicial disciplinary proceedings. The focus is on In re Deming, a recent disciplinary case decided by the Washington Supreme Court. The analysis by the court in Deming highlights the conflict between the desire to discipline wayward judges and the need to protect the autonomy of the judiciary. The historical and procedural background of the Deming case is discussed first, and then three important procedural issues raised in the opinion are analyzed. The Note concludes that, although the court's broad due process holdings lack foundation, its specific procedural …


Judicial Discipline And Due Process In Washington State—In Re Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987), Stephen Hobbs Jul 1988

Judicial Discipline And Due Process In Washington State—In Re Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987), Stephen Hobbs

Washington Law Review

This Note evaluates recent developments in Washington State concerning due process rights in judicial disciplinary proceedings. The focus is on In re Deming, a recent disciplinary case decided by the Washington Supreme Court. The analysis by the court in Deming highlights the conflict between the desire to discipline wayward judges and the need to protect the autonomy of the judiciary. The historical and procedural background of the Deming case is discussed first, and then three important procedural issues raised in the opinion are analyzed. The Note concludes that, although the court's broad due process holdings lack foundation, its specific …


Debating The Constitution, 1787-1788: "This Plan Is Only Recommended', Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution Jun 1988

Debating The Constitution, 1787-1788: "This Plan Is Only Recommended', Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.


The Wind River Litigation: Quantification And Implementation, Gordon W. Fassett Jun 1988

The Wind River Litigation: Quantification And Implementation, Gordon W. Fassett

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

19 pages.


The Wind River Litigation: Effects Of The Wyoming Supreme Court’S Decision On The Wind River Reservation’S Water Use And Implications For Other Reservations’ Water Rights, David M. Dornbusch Jun 1988

The Wind River Litigation: Effects Of The Wyoming Supreme Court’S Decision On The Wind River Reservation’S Water Use And Implications For Other Reservations’ Water Rights, David M. Dornbusch

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.


Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center Jun 1988

Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.

Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements; financing; mineral …


Taxation In Indian Country, Richard B. Collins Jun 1988

Taxation In Indian Country, Richard B. Collins

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.


The Process Of Decision-Making In Tribal Courts, Tom Tso Jun 1988

The Process Of Decision-Making In Tribal Courts, Tom Tso

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.


Naturalization Ceremony: Dutchess County Bar Association, Roger J. Miner '56 May 1988

Naturalization Ceremony: Dutchess County Bar Association, Roger J. Miner '56

Naturalization Ceremonies

No abstract provided.


Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis May 1988

Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis

Michigan Law Review

A Review of In the Best Interests of the Child by Joseph Goldstein, Anna Freud, Albert J. Solnit, and Sonja Goldstein


Justice And Judges, Joseph L. Daly May 1988

Justice And Judges, Joseph L. Daly

BYU Law Review

No abstract provided.


Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney Apr 1988

Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney

Washington Law Review

By 1880 Congress had passed nearly 3000 statutes granting or regulating parts of the public domain. Administrative and judicial case loads increased correspondingly, as many thousands of claims had to be verified and recorded and growing numbers of disputes adjudicated. This article recalls an early far-west chapter of the story, a remarkable series of decisions by Oregon federal district Judge Matthew P. Deady interpreting the cornerstone of Pacific Northwest public land law, the 1850 Oregon Donation Act. Although Deady decided other public land law questions as well, it is his Donation Act decisions helping to determine ownership of the Portland …