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Voir Dire In Kentucky: An Empirical Study Of Voir Dire In Kentucky Circuit Courts, William H. Fortune

Law Faculty Scholarly Articles

Voir dire is the stage of a jury trial at which prospective jurors are questioned under oath by court or counsel to determine their suitability as jurors in the case to be tried. Kentucky's high court has repeatedly recognized the importance of voir dire to the exercise of for-cause and peremptory challenges.

The trial judge's wide discretion in voir dire, however, necessarily makes a review of appellate decisions of minimal assistance in ascertaining what actually occurs during this important phase of a jury trial. Published opinions provide little guidance in this area; information about voir dire must come from a …

The Expanding Influence Of The Federal Magistrate, 14 J. Marshall L. Rev. 465 (1981), Thomas J. Platt

UIC Law Review

No abstract provided.

The Supreme Court In American Popular Culture, Maxwell Bloomfield

Scholarly Articles

Until quite recently the judiciary—and the federal judiciary in particular—has been largely neglected by American novelists and playwrights. Literary historians such as Joseph Blotner and Gordon Milne, who have studied the American political novel in the nineteenth and twentieth centuries, have found an abundance of works dealing with legislative or executive skullduggery, but only a handful of titles that examine issues of judicial power. Such relative disinterest in our noblesse de robe seems easily explainable. Judges have always been less visible to the public than, say, Congressmen or Governors, and the business of judging does not lend itself readily to …

Eulogy: Seth Knauss, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.

Keynote Address, New York Law School Annual Dinner, Roger J. Miner '56

New York Law School Events and Publications

No abstract provided.

Tribute To Justice Thurgood Marshall, William J. Brennan Jr.

Maryland Law Review

No abstract provided.

Judging The Judges: A Case Study In Judicial Responsibility, Maximilian J.B. Welker, Jr.

Seattle University Law Review

Scholarly and professional perceptions of the role of the judiciary, and hence of the responsibility of judges, have undergone radical change since the early 1900's, and judicial opinions have both reflected and been influenced by those perceptions. At the turn of the century, conceptual abstraction and logical consistency held sway. Formalism, however, gave way to Legal Realism in the 1920's and 30's. Of the many important contributions that Realism made to the way we think about law, the most fundamental was its recognition that formal rules do not mechanically govern the resolution of legal disputes. Under this conception, the dominant …

Suppression Of Popular Gatherings In England, 1800-1830, Frank W. Munger

Articles & Chapters

No abstract provided.

Two Modes Of Legal Thought, George P. Fletcher

Faculty Scholarship

We should begin with a confession of ignorance. We have no jurisprudence of legal scholarship. Scholars expatiate at length on the work of other actors in the legal culture – legislators, judges, prosecutors, and even practicing lawyers. Yet we reflect little about what we are doing when we write about the law. We have a journal about the craft of teaching, but none about the craft of scholarship.

In view of our ignorance, we should pay particular heed to our point of departure. I start with the observation that legal scholarship expresses itself in a variety of verbal forms. Descriptive …

‘Economists’ Reasons' For Common Law Decisions - A Preliminary Inquiry, Robert S. Summers, Leigh B. Kelley

Cornell Law Faculty Publications

No abstract provided.

Judge Frankel And The Adversary System, William T. Pizzi

Publications

No abstract provided.

Is Washington Ready For Merit Selection Of Judges, Hugh D. Spitzer, William S. Bailey

Articles

In 1980, Seattle established a judicial merit selection process for the Seattle Municipal Court, based on an approach used in many other jurisdictions and by the federal government under President Carter. The Seattle plan represents the first time a merit selection commission of lawyers and lay people has been used for nonfederal appointments in Washington. The two individuals subsequently appointed to the Seattle Municipal Court have gone through one of this state's most rigorous judicial selection processes.

In this article, we will review how judges are presently selected in this state, the various methods of choosing judges in other jurisdictions …

Potter Stewart, Terrance Sandalow

Articles

In the spring of 958, Justice Harold Burton informed President Eisenhower of his decision to retire at the end of the Term, but, at the President's request, withheld public announcement until the latter was ready to name a successor. In September, Eisenhower appointed Potter Stewart, who became, at age forty-three, the second youngest person to serve on the Supreme Court since the Civil War.

Federal Administrative Law Judges: A Focus On Our Invisible Juridicary, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Unified Corps Of Aljs: A Proposal To Test The Idea At The Federal Level, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Virginia Judicial Council's Intermediate Appellate Court Proposal, Martha B. Brissette

University of Richmond Law Review

The ever-expanding volume of appellate litigation in Virginia has engendered a crisis in appellate justice in this state which can be adequately addressed only by the creation of an intermediate appellate court. Not only is Virginia the most populous state without such an intermediate court, its highest court also has the largest caseload of any single state appellate court.

The Changing Judiciary, Arthur Rosett

Kentucky Law Journal

No abstract provided.

Justice Reed And His Family Of Law Clerks, Bennett Boskey

Kentucky Law Journal

No abstract provided.

Justice Douglas And His Brethren: A Personal Recollection, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

Matter Of Braunstein V Board Of Examiners | Cuunty Of Ulster V State Of Ny | New York State Office Of Parks & Recreation V Vantage Petroleum Corp., John T. Fitzpatrick

1976-1981 State Reporter Decisions

No abstract provided.

A Judicial Dilemma: Real Or Imagined, Forrest J. Bowman

West Virginia Law Review

No abstract provided.

Partners In A Process: The Academy And The Courts, Wade H. Mccree, Jr.

Washington and Lee Law Review

No abstract provided.

Preserving The Progressive Spirit In A Conservative Time: The Joint Reform Efforts Of Justice Brandeis And Professor Frankfurter, 1916-1933, David W. Levy, Bruce Allen Murphy

Michigan Law Review

On January 28, 1916, President Wilson sent the name of Louis D. Brandeis to the Senate for confirmation as a Justice of the United States Supreme Court. Wilson's act surprised many Americans and sparked one of the bitterest confirmation struggles in the history of the Republic. The nomination and the confirmation that followed also created a painful and highly personal dilemma for the new Justice. This dilemma led Brandeis to a private arrangement that opened an unusual and revealing chapter in the story of the extra judicial activities of American justices. Even more important, the arrangement constitutes a noteworthy episode …

Town Of Gardner V. Big M Ranch Riding Academy, Inc. Et Al | Fuchs V. Fuchs | Angell V. Gutterson | Spizowski V. City Of Cohoes Et Al | Long Island Lighting Co. V. Public Service Comm. | Connor V. Sieberg, Roger J. Miner '56, John T. Fitzpatrick

1976-1981 State Reporter Decisions

No abstract provided.

Estabrook V Estabrook | Tampone V Blum, John T. Fitzpatrick

1976-1981 State Reporter Decisions

No abstract provided.

Book Reviews, Lawrence M. Friedman, Allaire U. Karzon

Vanderbilt Law Review

The Politics of Justice: Lower Federal Judicial Selection and the Second Party System - Book Author: Kermit L. Hall; Book Reviewed by Lawrence M. Friedman

In The Politics of Justice, Kermit L. Hall, a history professor at Wayne State University, takes a look at the way Presidents from Jackson through Buchanan picked judges for the federal district courts and for the territories. There were 240 such appointments during the period studied...

There is something of a literature on the selection process,"although Hall's book does fill a rather glaring hole. The tale Hall tells rings true if we ignore a few …

Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke

Federal Judicial Center Reports

This publication is a product of a study undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development on matters of judicial administration. The analyses, conclusions, and points of view are those of the authors. This work has been subjected to staff review within the Center, and publication signifies that it is regarded as responsible and valuable. It should be emphasized, however, that on matters of policy, the Center speaks only through its Board.

Dedication To William O. Douglas, William J. Brennan, Jr.

Washington Law Review

Short remarks on the passing of Justice William O. Douglas.

Mr. Justice Douglas, L. A. Powe, Jr.

Washington Law Review

"The average American," according to William O. Douglas, "is an independent, rough and ready kind of fellow who wants to take a swing on his own." That statement goes a long way toward describing Douglas himself. Given his drive and intelligence, however, it would be inappropriate to equate Douglas with the "average American." He was, as his more than forty years of public service demonstrated, one of the extraordinary Americans in our history.

Mr. Justice Rufus W. Peckham: The Police Power And The Individual In A Changing World, William F. Duker

BYU Law Review

No abstract provided.