Judges Commons^™

An Astonishing Political Innovation: The Origins Of Judicial Review, Barbara Aronstein Black

Faculty Scholarship

It is a very great honor to be here today participating in the Third Circuit Judicial Conference and in the celebration of our two hundred years of government under the remarkable document that we call the Constitution of the United States. Philadelphia is indeed today the center of the universe and I am delighted to be here.

In addressing the topic assigned to me, "The Origins of Judicial Review," I will take my cue, in fact my text, from Judge Pollak, who, in a letter to me, suggested that I "draw in broad strokes the legal historical landscape in which …

Foresight And The Law Of Servitudes, Stewart E. Sterk

Articles

The article explores the debate over party autonomy in the law of servitudes, particularly focusing on the role of foresight and transaction costs. It argues that while freedom of contract is a foundational principle, the limitations of human foresight and the potential for high transaction costs justify limited judicial intervention to modify or terminate servitudes when circumstances change. The author critiques Professor Epstein's argument that perfect foresight would obviate the need for intervention, emphasizing that real-world contracting parties often fail to anticipate future changes adequately. The article ultimately advocates for a balanced approach that enforces servitudes but allows for judicial …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

CONTRACT LAW IN THE U.S.S.R. AND THE UNITED STATES, VOL. I: HISTORY AND GENERAL CONCEPT

By E. Allan Farnsworth and Viktor P. Mozolin

Washington, D.C.: International Law Institute, 1987. Pp.xiii, 340. $35.00

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FOREIGN RELATIONS AND NATIONAL SECURITY LAW: CASES, MATERIALS AND SIMULATIONS

By Thomas M. Franck and Michael J. Glennon

St. Paul, Minnesota: West Publishing Company, 1987. Pp.lxiv, 941

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THE GRAND STRATEGY OF THE UNITED STATES IN LATIN AMERICA

By Tom J. Farer

New Brunswick, New Jersey: Transaction Books, 1988. Pp. xxxii, 294

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JUDGES

By David Pannick

New York: Oxford University Press,1987. Pp. vii, 255. …

The Dialogue Of The Heart And Head, Lynne Henderson

Scholarly Works

No abstract provided.

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.

Addendum: Civil Rights In Jeopardy, Eileen R. Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.

Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich

Touro Law Review

No abstract provided.

Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein

Touro Law Review

No abstract provided.

The Surrogate Responds: The Need For Reform In Adoption Proceedings, C. Raymond Radigan

Touro Law Review

No abstract provided.

Judicial Discipline And Impeachment, John H. Garvey

Scholarly Articles

This symposium deals with the discipline and removal of Article III judges. In employing these measures we must heed two principles that are in tension with one another. The first is that judges must be honest. The second is that they must be independent. This second principle actually presupposes a third, about which I will say something before returning to the first two. The independence of federal judges is particularly important because they engage in the practice of judicial review

Judicial Discipline And Impeachment, John H. Garvey

Kentucky Law Journal

No abstract provided.

Alternative Career Resolution: An Essay On The Removal Of Federal Judges, Stephen B. Burbank

Kentucky Law Journal

No abstract provided.

Comments On Professor Burbank's Essay, Bradley C. Canon

Kentucky Law Journal

No abstract provided.

Judicial Misconduct: A View From The Department Of Justice*, Reid H. Weingarten

Kentucky Law Journal

No abstract provided.

State Judicial Conduct Organizations, Jeffrey M. Shaman

Kentucky Law Journal

No abstract provided.

Original Understanding And The Constitution, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Article Iii Judiciary In Its Third Century, Kenneth F. Ripple

Journal Articles

Tonight we celebrate the memory of one of the great American jurists of this century, Robert A. Ainsworth, Jr. In this bicentennial year of our Constitution, it seems most appropriate that we honor the memory of Judge Ainsworth by reflecting on that part of the Constitution to which he exhibited so much devotion—article III, the judicial article.

Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag

Publications

No abstract provided.

Has The Time Come For Judicial Sabbaticals, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Monroe G. Mckay And American Indian Law: In Honor Of Judge Mckay's Tenth Anniversary On The Federal Bench, Erik M. Jensen

BYU Law Review

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

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 …

Wade H. Mccree, Jr., Sara Sun Beale

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

Wade H. Mccree, Jr.: A Compassionate And Great Judge, Horace W. Gilmore

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

Wade H. Mccree, Jr.: Born To Be A Judge, Pierce Lively

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

A Tribute To Wade Mccree, Allan F. Smith

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

The Quintessential Public Servant, Otis M. Smith

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

Wade Mccree's Michigan Legacy, G. Mennen Williams

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

In Defense Of The Constitution's Judicial Impeachment Standard, Melissa H. Maxman

Michigan Law Review

This Note explores the traditional interpretation of the Constitution's impeachment provisions in light of the demands of Judges Claiborne's, Nixon's, and Hastings' cases. Part I describes the signals indicating analytical shortcomings, and thus the need for reexamination of the provisions as currently construed. It shows that the troubling results of the recent standard allowing criminal prosecution before impeachment are apparent to both the courts and the Congress. Part II analyzes the meaning and purpose of the constitutional language, and the recent policy challenges to it. This part shows that, in fact, the impeachment provisions were carefully chosen by the Constitution's …

Memorandum From Dinesh D'Souza To Gary L. Bauer ("Life After Bork") [Oct. 14, 1987], Dinesh D'Souza

Historical and Topical Legal Documents

No abstract provided.

The Protection Of Judicial Independence In Latin America, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.