Judges Commons^™

A Response To Fish And White, Richard H. Weisberg

Articles

The article explores the dynamic interplay between the text and its interpreter within legal and literary hermeneutics, emphasizing the balance between the text's inherent qualities and the reader's contextual influences. It mediates between Fish's emphasis on professional context guiding interpretation and Fiss's advocacy for objective textual constraints, while highlighting White's view that judicial opinions should be complex and poetic, integrating cultural context.

Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser

Buffalo Law Review

No abstract provided.

Hudson Flag Dedication Day, Hudson, Ny, Roger J. Miner '56

Dedications

No abstract provided.

Letter By Judge Alex Kozinski To Fred Fielding [1984], Alex Kozinski

Historical and Topical Legal Documents

No abstract provided.

Foreword: The Law And Southern Literature, William H. Page, Richard H. Weisberg

Articles

The article explores the intersections of law and literature, focusing on the proceedings of a 1983 symposium that brought together scholars, practitioners, and literary critics to examine how legal themes and values are depicted in Southern literature, particularly in the works of William Faulkner. The symposium addressed three key areas: the depiction of lawyers and legal doctrine in literature, the exploration of human rights and values through literary perspectives, and the application of literary criticism to legal interpretation. By analyzing these themes, the article highlights the growing field of Law and Literature and its potential to enrich both legal and …

Graduate Degree Programs For Judges, Daniel J. Meador

Journal of Legal Education

No abstract provided.

The New Amendments To The Federal Rules Of Civil Procedure And Their Effect On Federal Court Practice In The Northern District, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

Is The Burger Court Really Like The Warren Court?, Paul Bender

Michigan Law Review

A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi

Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review

Michigan Law Review

A Review of Toward Increased Judicial Activism: The Political Role of the Supreme Court by Arthur Selwyn Miller

Does Doctrine Matter?, Frederick Schauer

Michigan Law Review

A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi

Brandeis, Michigan Law Review

Michigan Law Review

A Review of Brandeis by Lewis J. Paper

Tips On Federal Practice, Roger J. Miner '56

Bar Associations

No abstract provided.

Decision-Making In The United States Court Of Appeals, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

Slavery And The Federal Courts, Roger J. Miner '56

Court Conferences and Events

No abstract provided.

The United States District Court For The Northern District Of New York — Its History And Antecedents, Roger J. Miner '56

Court Conferences and Events

No abstract provided.

Memorial Ceremony Of Hon. Henry F. Werker, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.

Gates, Leon, And The Compromise Of Adjudicative Fairness (Part I): A Dialogue On Prejudicial Concurrences, Joel Jay Finer

Cleveland State Law Review

This two-part Article is about certain qualities of fairness –those qualities that although subtle, are central to the idea and spirit of justice in adjudication. This Article is about how those qualities were subverted in the process by which the doctrine of United States v. Leon became law. Part I of the Article –A Dialogue on Prejudicial Concurrences–published herein, suggests that several members of the Leon majority (particularly its author, Justice White) were unable to impartially adjudicate the constitutional question because of pre-decisional gratuitous opinions (from the bench) on the subject. More specifically, the Dialogue explores the virtually unquestioned assumption …

Playing With Numbers: Determining The Majority Of Judges Required To Grant En Banc Sittings In The United States Court Of Appeals, James J. Wheaton

Faculty Publications

This note addresses the effects that these two interests -- majority control of circuit law and judicial integrity -- have on the appropriate definition of majority. Neither legislative history nor Supreme Court constructions of section 46(c) provide an unambiguous rule, and interpretation of the majority requirement remains within the authority of each circuit. The Judicial Conference of the United States, at its meeting in September 1984, recommended that each circuit clearly describe its en banc voting procedures. This note delineates considerations that may assist the circuit courts in their efforts to outline the method by which they should order en …

Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers

Articles

A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …

The Role Of A Judge In Modern Society: Some Reflections On Current Practice In Federal Appellate Adjudication, Harry T. Edwards

Cleveland State Law Review

In a recent article, I addressed one aspect of the complex of issues facing federal judges--the problems allegedly attendant upon the "bureaucratization" of the decision-making process at the appellate level. The present paper considers a different set of questions: taking as given the current organization, jurisdiction, and caseload of the federal courts, how might appellate judges alter their habits and attitudes so as to perform better their allotted tasks and how might Congress alter its own practices so as to facilitate the refinement and more effective utilization of appellate adjudication? The ensuing discussion of those topics is divided into three …

Grading The Judge, William W. Schwarzer

Faculty Scholarship

No abstract provided.

How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel

Publications

No abstract provided.

Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone

Cleveland State Law Review

I shall examine and criticize three of the many judicial decisions in the area of law and medicine. These cases are Doe v. Bolton, Superintendent of Belchertown State School v. Saikewicz, and Rogers v. Commissioner of the Department of Mental Health. Those of you who like to think of the law as reason and justice tempered by mercy will be offended by what I have to say; but I shall be evenhanded. Those of you who think of medicine as science and art tempered by compassion will also be offended. My justification for the critical and polemical thesis I shall …

The Judicial Opinion And The Poem: Ways Of Reading, Ways Of Life, James Boyd White

Michigan Law Review

This paper is an essay in what I want to call the poetics of the law. I begin with a largely autobiographical account of what seems to me a striking similarity in the ways in which poetry and law once were taught - and to some degree still are taught, though perhaps less comfortably so. My first object is to suggest some connections: between these two kinds of thought and expression; between the ways in which we are habituated to read texts of each sort; and between the dilemmas that confront readers and critics in each field. In doing these …

Hearings On Jury Bias Or Misconduct, Ronald J. Bacigal

Law Faculty Publications

In the recent cases of Smith v. Phillips, and Rushen v. Spain, the United States Supreme Court recognized that judicial review of ex parte contacts with a sitting jury may raise a number of separate but interrelated constitutional rights: (1) the right to an impartial jury; (2) the right to a due process post-trial hearing on jury bias; (3) a possible due process right to a mid-trial hearing on jury bias; (4) the defendant's right to be present at such mid· trial hearings; and (5) the right to be represented at such mid-trial hearings. As Justice Stevens noted in his …

Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, Philip Soper

Book Chapters

Confronted with standards beyond those obvious in purpose and rule, the positivist, says Dworkin, has two choices. He must either claim that such standards are only discretionary and hence not legally binding, or he may concede their binding status and argue that he identifies them as legal standards through reference, in some more complex way, to his theoretical master test.

There is, however, a third possibility. The positivist might admit that some standards bind judges but explain that they play a role in the legal system sufficiently different from that of ordinary rules and principles to justify excluding them from …

Federal Agency Adjudications: Trying To See The Forest And The Trees, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Continuing Diminished Availability Of Federal Habeas Corpus Review To Challenge State Court Judgments: Lehman V. Lycoming County Children's Servies Agency, Ira P. Robbins, Susan M. Newell

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Chief Justice Traynor And Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.