Judges Commons^™

Foreword: The Impact Of Judicial Decision-Making, H. Emory Widener

Washington and Lee Law Review

No abstract provided.

Eulogy: Eugene Mariani, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.

Idaho V. Freeman - Judicial Disqualification: The Effect Of Religious Leadership On Judicial Impartiality, 14 J. Marshall L. Rev. 243 (1980), Gwenda M. Burkhardt

UIC Law Review

No abstract provided.

Sentencing, The Dilemma Of Discretion, Jerold H. Israel

Book Chapters

[The following excerpts are taken from Professor Jerold Israel's revision of the late Hazel B. Kerper's Introduction to the Criminal Justice System ( West Publishing Co. 1979), with permission of the author and publisher. Footnotes have been omitted.] As we have seen, judges usually have substantial discretion in sentencing. Most states give them considerable leeway in choosing between probation and imprisonment, in setting the term of imprisonment under either an indeterminate or determinate sentencing structure, in deciding whether a young offender will be given the special benefits of a youthful offender statute, and in determining whether to impose consecutive or …

In Memoriam: Talbot Smith, Donald P. Lay

University of Michigan Journal of Law Reform

My goal this evening is first to reflect upon Talbot Smith's life as an unusual and gifted person and second, to underscore his career not so much as the judicial giant he was, but as a tremendous witness and teacher to all mankind.

The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy

Cleveland State Law Review

Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.

Democracy And Distrust: A Theory Of Judicial Review, Gerard E. Lynch

Faculty Scholarship

John Hart Ely's Democracy and Distrust is an ambitious attempt to create a new theory of judicial review, breaking away from both "interpretivism" and "noninterpretivism" – a division Professor Ely regards as a "false dichotomy" (p. vii). The book is brilliant and provocative, so much so that one fears less that its faults will be obscured – there is little danger that polemic critics will fail to pounce on them – than that the flash of Professor Ely's reasoning and the controversy it generates will distract us from the genuine importance of the insight that powers his analysis.

The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy

Cleveland State Law Review

Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.

Prefatory Remark, Dorothy W. Nelson

Cleveland State Law Review

There are three prime roles the trial judge should play in clinical legal education: (1) to become involved with the education of the students, (2) to engage with students in a vigorous examination of the judicial process, and (3) to examine critically the educational process in the law schools and its relationship to the courts.

Log-Rolling And Judicial Review, Michael J. Waggoner

Publications

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

Race And Sentencing Equality In Kentucky, Robert L. Hurley

Masters Theses & Specialist Projects

Disparity in sentencing felons based on racial considerations has long has been considered a problem for civil libertarians and scholars alike. Examining data gathered in Kentucky, this thesis addresses this issue through the application of recently developed methodological techniques. Utilizing an index of sentencing equality, this study shows that while differences do exist in black and white offender offense characteristics, these differences do not account for the variations in sentences rendered in cases of white as opposed to black felons. This exploratory research reviews and critiques previous research and provides evidence which should prove useful in resolving the problem of …

A Judicial Response To The New Juvenile Code, J. Brandon Griffis

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

Memorial Day Ceremonies, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.

J. Reuben Clark Memo: Spring 1979, Brigham Young University School Of Law

The Clark Memorandum

• Legal Education: McDonald's or Antoines? (E. Gordon Gee)
• Merit Selection of Federal Judges (Carl S. Hawkins)
• The "Imperial Congress" (Gerald R. Ford)
• Sir William Blackstone and Jeremy Bentham (Calvin Woodard)
• The Ambassador from Ghana at the Law School (Alexa Quaison-Sackey)

Supreme Court Of Appeals Of West Virginia: A Statistical Analysis, John C. Parr, Karen L. Speidel

West Virginia Law Review

No abstract provided.

Low Pay Bodes Ill For Judges, Terry English

Sheldon Plager (1977-1984)

No abstract provided.

How Liberated Was Judge Jerome Frank?, Michael E. Smith

Michigan Law Review

A Review of A Man's Reach: The Philosophy of Judge Jerome Frank edited by Barbara Frank Kristein

The Judicialization Of Federal Administrative Law Judges: Implications For Policymaking, Gerald M. Pops

West Virginia Law Review

Students of the American federal administrative legal process have long debated the question of whether those persons charged with the responsibility for developing and conducting the formal hearing process and for making "initial decisions" in agency adjudication should act more like judges or more like administrators. Advocates of the judicial model of behavior seek to inject into the administrative process certain values inherent and traditional in Anglo-American courts. These values particularly, although not exclusively, include the protection of the personal, property and procedural rights of private citizens which have been developed by judges acting in their traditional capacities as makers …

United States V. Grayson Questionable Support For Broad Judicial Discretion In Sentencing, 12 J. Marshall J. Prac. & Proc. 407 (1979), Jonathan D. Savage

UIC Law Review

No abstract provided.

Veteran’S Day Ceremony, Roger J. Miner '56

Tributes & Testimonials

No abstract provided.

A Utilitarian Theory Of Judicial Decision, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz

Indiana Law Journal

No abstract provided.

Government By Judiciary: John Hart Ely's "Invitation", Raoul Berger

Indiana Law Journal

No abstract provided.

Letter To Hon. John H. Shenefield, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum

Cardozo Law Review

No abstract provided.

The Moral Element In Cardozo's Jurisprudence, Stanley C. Brubaker

Cardozo Law Review

No abstract provided.

Law, Literature And Cardozo's Judicial Poetics, Richard H. Weisberg

Cardozo Law Review

The following article suggests a new perspective on Benjamin N. Cardozo's judicial theory. The introductory pages offer a comparison of Cardozo to a strikingly similar figure from the literary world, Flaubert, and in that light emphasize his awareness and acceptance of the place of culture and intuition in the judicial enterprise. Part I perceives Cardozo's imprecisely named "Method of Sociology" as pointing, in effect, to a "Method of Culture." This section also elaborates on the intuitive element of his judicial "poetics," not as a method in itself, but as the disciplined subjectivity which leads judges to use his four methods …

Memoranda, Etc., For/By Justice Harry Blackmun Re: Smith V. Maryland, Harry Blackmun

Historical and Topical Legal Documents

No abstract provided.

Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund

Cardozo Law Review

No abstract provided.