Judges Commons^™

Ex Parte Communication By The Judiciary, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

The recent establishment of an Individual Assignment System in New York has introduced what one commentator has referred to as new "rules of the game". Nonetheless, the old rules still apply with respect to ex parte communication by judges which is governed by Canon 3(A)( 4) of the Code of Judicial Conduct. Canon 3(A)(4), as adopted by the New York State Bar Association in 1973, prohibits a judge from initiating or considering ex parte communications concerning a pending or impending proceeding. This prohibition, which has been strictly construed by decisional law and bar association advisory opinions, has new significance under …

Special Projects Subcommittee: Summary Of Project Proposal, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.

Outline For A Series Of Bicentennial Lectures And Forums, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.

Project ’87: To Celebrate And Contemplate The United States Constitution, Second Circuit Steering Committee On The Bicentennial Of The U.S. Constitution

Committees

No abstract provided.

Coping With Uncertainty In The Law, Ellen Ash Peters

Faculty Articles and Papers

No abstract provided.

Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young

Buffalo Law Review

No abstract provided.

Judicial Notice: An Essay Concerning Human Misunderstanding, E. F. Roberts

Cornell Law Faculty Publications

Articles limning the law pertaining to judicial notice are legion, and the footnotes which have been cite checked by generations of law review editors must number in the thousands. These articles assume that reason, properly employed, produces correct answers. They assume that disagreements can be resolved by reason, because it is self-evident that any problem, once identified, can be solved. Reflected here are the presuppositions of lawyers brought up in the Western legal tradition.

What if one were to doubt that reason necessarily governed the behavior of lawyers? What if one doubted as well that all problems were susceptible to …

Comments On Carlson's Comments, John L. Hanks

Cardozo Law Review

No abstract provided.

Chief Justice Nominee Outlines Legal Trends, Brigette Panarisi

Bryant Garth (1986-1987 Acting; 1987-1990)

No abstract provided.

Rehnquist Frayed Feather In Iu Law School's Cap?, Mike Leonard

Bryant Garth (1986-1987 Acting; 1987-1990)

No abstract provided.

Using Management Science To Assign Judges To Casetypes, Stuart S. Nagel, Miriam K. Mills

University of Miami Law Review

No abstract provided.

Rehnquist Might Dedicate Law Library, David A. Lytle

Bryant Garth (1986-1987 Acting; 1987-1990)

No abstract provided.

Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg

Articles

The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …

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 …

Engelmayer And Wagman: Lord's Justice. Reviewed By Marc P. Weingarten, Marc P. Weingarten

Antioch Law Journal

No abstract provided.

Tribe: God Bless This Honorable Court. Reviewed By Susan G. Kupfer, Susan G. Kupfer

Antioch Law Journal

No abstract provided.

Memo From Peter J. Wallison To President Reagan Regarding Rehnquist And Scalia [1986], Peter J. Wallison

Historical and Topical Legal Documents

No abstract provided.

Letter From Peter J. Wallison To President Reagan Regarding Questions To Ask Rehnquist And Scalia [1986], Peter J. Wallison

Historical and Topical Legal Documents

No abstract provided.

Raul Memorandum Regarding Antonin Scalia, Alan Charles Raul

Historical and Topical Legal Documents

No abstract provided.

The Role Of The English Judiciary In Developing Public Law, Harry Woolf

William & Mary Law Review

No abstract provided.

The Appearance Of Fairness Doctrine: A Conflict In Values, Carolyn M. Van Noy

Washington Law Review

This Comment compares the appearance of fairness doctrine with the Washington State Code of Judicial Conduct and shows that abandoning the doctrine and substituting the Code and due process would not resolve the conflict between independence and accountability, but would further exacerbate it. Rather, the appearance of fairness doctrine, modified by the 1982 appearance of fairness statute, is a standard that accommodates the conflict inherent in any bias standard applied to elected and appointed officials. The legislative modifications, however, fall short of the need for a clearly defined doctrine that provides guidance and certainty for the decisionmakers and the courts. …

Felix S. Cohen And His Jurisprudence: Reflections On Federal Indian Law, Stephen M. Feldman

Buffalo Law Review

No abstract provided.

Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy

Michigan Law Review

A Review of Justices and Presidents: A Political History of Appointments to the Supreme Court (2d edition) by Henry J. Abraham

Statesman Of The Old Republic, Craig Joyce

Michigan Law Review

A Review of Supreme Court Justice Joseph Story: Statesman of the Old Republic by R. Kent Newmyer

Judge Picking, Abner J. Mikva

Michigan Law Review

A Review of God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History by Laurence H. Tribe

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 "Capacity For Outrage": The Judicial Odyssey Of J. Skelly Wright And On Courts And Democracy: Selected Nonjudicial Writings Of J. Skelly Wright, Alan M. Koschik

Michigan Law Review

A Review of A "Capacity for Outrage": The Judicial Odyssey of J. Skelly Wright by Arthur Selwyn Miller and A Review of On Courts and Democracy: Selected Nonjudicial Writings of J. Skelly Wright edited by Arthur Selwyn Miller

How The Patent And Copyright Clauses Came To Be A Part Of Our National Charter, Roger J. Miner '56

Intellectual Property

No abstract provided.

Book Review. Judges, Bureaucrats, And The Question Of Independence By Donna Price Cofer, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.