Judges Commons^™

Nativity Scenes And Judicial Responsibility, Norman Dorsen, Charles Sims, Georgetown University Law Center

Philip A. Hart Memorial Lecture

On March 22, 1985, Professor of Law, Norman Dorsen of New York University School of Law, delivered the Georgetown Law Center’s fifth Annual Philip A. Hart Memorial Lecture: "Nativity Scenes and Judicial Responsibility."

Norman Dorsen is Counselor to the President of New York University and Stokes Professor of Law, NYU School of Law, where he has taught since 1961. He is co-director of the Arthur Garfield Hays Civil Liberties Program and was the founding director of NYU's Hauser Global Law School Program in 1994.

Dorsen performed military service in the office of the Secretary of the Army, where he assisted …

The Supreme Court Rules For The Reporting Of Opinions: A Critique, William M. Richman, William L. Reynolds

Faculty Scholarship

No abstract provided.

Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman

Law Faculty Research Publications

No abstract provided.

The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng

UIC Law Review

No abstract provided.

Gates, Leon, And The Compromise Of Adjudicative Fairness (Part Ii): Of Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel Jay Finer

Cleveland State Law Review

Part I examined in a dialogue form the idea that Justice White and other members of the Leon majority had prejudged issues of law in earlier cases––pre-committed themselves in violation of their duty of impartiality––by elaborating in detailed, cohesive, comprehensive opinions, reasons why existing law was incorrect and had to be changed to permit a "good-faith, objective police reasonableness" exception to the exclusionary rule. These prejudgments precluded fair consideration of the merits in Leon. Beyond that, the Leon opinion itself, considered in view of the arguments of counsel and the scholarship in currency, evinced an agenda-driven pre-commitment to its outcome; …

New York Law School Law Review — Dedication Publication, Roger J. Miner '56

New York Law School Events and Publications

No abstract provided.

Remarks, Judicial Conference Of The Second Circuit, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

Working With The Individual Judge Assignment System, Roger J. Miner '56

Court Conferences and Events

No abstract provided.

Casenotes: Judicial Immunity — State Judicial Officials Are Not Immune From Prospective Relief In An Action Brought Under 42 U.S.C. § 1983 Or From Paying Attorney's Fees To Prevailing Parties Pursuant To 42 U.S.C. § 1988. Pulliam V. Allen, 104 S. Ct. 1970 (1984), Douglas Noah Silber

University of Baltimore Law Review

No abstract provided.

Court Trial Empirical Survey: Interview Responses From Trial Judges Explaining Their Experiences And Views Regarding The Trial Of Non-Jury Cases, John O. Sonsteng, Roger S. Haydock

Faculty Scholarship

Knowing how a judge will react to certain trial techniques in a trial can greatly enhance an attorney's effectiveness in the courtroom. This article contains and explains the results of the authors' empirical survey. Fifty-nine judges serving in both criminal and civil court in the Minneapolis-St. Paul area were surveyed, with each judge responding to thirty-eight questions designed to obtain objective information concerning their experiences and views on effective trial advocacy. The survey covered eight topics: (1) trial briefs; (2) pretrial chambers discussions; (3) opening statements; (4) direct and cross-examinations; (5) evidentiary matters; (6) closing arguments; (7) findings of fact …

Investiture Of Judge Roger J. Miner, U.S. Circuit Judge, United States Court Of Appeals For The Second Circuit, Roger J. Miner '56

Induction Ceremonies and Investitures

No abstract provided.

The Duty To Criticize The Courts (I), Roger J. Miner '56

Lawyers and the Legal Profession

No abstract provided.

Judicial Rule-Making Absent Legislative Review: The Limits Of Separation Of Powers, Kenneth S. Gallant

Law Faculty Scholarship

No abstract provided.

Judicial Activism In The Enforcement And Interpretation Of The Federal Securities Laws, John M. Sheffey

University of Arkansas at Little Rock Law Review

No abstract provided.

Massachusetts And The Judges: Judicial Independence In Perspective, Barbara Aronstein Black

Faculty Scholarship

This is an essay about an incident that took place in the Province of Massachusetts Bay during the period 1772-1774, an incident that I will call the Affair of the Royal Salary. Close relative of the Stamp Act Crisis, The Boston Tea Party, even the Boston Massacre, the Affair of the Royal Salary similarly involved a clash between the forces of popular government and those of imperial government; like its better known cousins it is part of the story of the coming of the American Revolution in Massachusetts. In addition, since the Salary around which the Affair developed was intended …

How Judges Judge: A Study Of Disagreement On The United States Court Of Appeals For The Eighth Circuit, Douglas O. Linder

Faculty Works

No abstract provided.

Protecting The Independence Of Administrative Law Judges: A Model Administrative Law Judge Corps Statute, Karen Y. Kauper

University of Michigan Journal of Law Reform

This Note concludes that the federal government should adopt some form of central panel system to protect both the independence of the ALJs and the public interest. Part I of this Note presents several alternatives to the central panel systems that have been proposed in past years and discusses their inadequacies. Part II summarizes the arguments concerning the central panel system of administrative adjudication. Part III discusses several of the integral elements of a central panel system and analyzes the state statutes and the proposed federal legislation in light of these elements. Finally, Part IV proposes a model statute for …

A Compendium Of Proposals To Reform The United States Courts Of Appeals, Thomas E. Baker

Faculty Publications

Judge Ginsburg has provided a judge's-eye view of the work of a United States Court of Appeals in her Dunwody Lecture.'From her perspective as a judge on the District of Columbia Circuit, she has done a fine job describing the process of deciding appellate cases and composing a reasoned decision. But simply describing" things as they are" in the decisional process will not suffice in this article for two reasons. First, Judge Ginsburg has already done that, as have other judges.

The Role Of History In Constitutional Interpretation: A Case Study, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Rules And Standards, Pierre Schlag

Publications

No abstract provided.

Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell

Cardozo Law Review

No abstract provided.

The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results

Touro Law Review

No abstract provided.

The Supreme Court And The Constitution: The Continuing Debate On Judicial Review, Donald P. Kommers

Journal Articles

The three books reviewed in this essay are recent contributions to the growing literature of constitutional theory (Michael J. Perry, The Constitution, the Courts, and Human Rights (New Ha- ven: Yale University Press, 1982); Sotirios A. Barber, On What the Constitution Means (Baltimore and London: The Johns Hopkins University Press, 1984); and John Agresto, The Supreme Court and Constitutional Democracy (Ithaca: Cornell University Press, 1984). They explore important questions about the role of the Supreme Court and the meaning of the Constitution.

Book Review, Pierre Schlag

Publications

No abstract provided.

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Publications

No abstract provided.

The Formulaic Constitution, Robert F. Nagel

Publications

The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between the …

Remarks, Presentation Of 1984 Award To Frank Rich, National Conference Of Christians & Jews, Roger J. Miner '56

Tributes & Testimonials

No abstract provided.

The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav

Faculty Scholarship

No abstract provided.