Jurisprudence Commons^™

Court Review: Volume 38, Issue 2 - Extrajudicial Speech: Navigating Perils And Avoiding Pitfalls, William G. Ross

Court Review: Journal of the American Judges Association

In its biting opinion, the U.S. Court of Appeals for the District of Columbia castigated Judge Jackson for giving media interviews and public speeches in which he made remarkably astringent remarks about Microsoft. Among his more colorful comments, the judge mused that Bill Gates had Napoleonic hubris and he likened the break-up of Microsoft to swatting a recalcitrant mule with a two-by-four. Among his more potentially prejudicial remarks were his speculation to reporters— before his order splitting Microsoft—that ‘a break-up is inevitable” and his post-trial comments disparaging the credibility of trial witnesses.

Court Review: Volume 38, Issue 2 - Recent Criminal Decisions Of The United States Supreme Court: The 2000-2001 Term, Charles H. Whitebread

Court Review: Journal of the American Judges Association

The United States Supreme Court’s 2000-2001 term will always be remembered for the Court’s role in deciding the outcome of the contemporaneous presidential election. Despite the notoriety of that decision, the rest of the term was relatively uneventful. Marked by recurrent split decisions, the Court addressed significant issues regarding an individual’s Fourth Amendment rights in the face of technological advance and law enforcement authority, the death penalty, and other topics of criminal procedure.

Court Review: Volume 38, Issue 2 - The President's Column, Bonnie Sudderth

Court Review: Journal of the American Judges Association

Every day, all across the United States, Canada, and Mexico, judges go about the business of dispensing justice. But absolute justice, like any other ideal, can never be fully realized, because its achievement would require human infallability. Nevertheless, while it may never be fully realized on this earth, the quest for justice is an endeavor of the noblest order. For judges in courts of law and equity, it is the ultimate endeavor of our profession. It is upon that endeavor that our system of justice is premised, and without which our system of justice would fail.

Decision Analysis And Law, Ronald A. Howard

Cardozo Law Review

No abstract provided.

Action And Procedure In Reasoning, Johan Van Benthem

Cardozo Law Review

No abstract provided.

Saving Desdemona, Ron A. Shapira

Cardozo Law Review

No abstract provided.

The Poetics Of The Pragmatic: What Literary Criticisms Of Law Offers Posner, Guyora Binder

Journal Articles

The process by which we represent our society's will and welfare in the medium of law is an imaginative and expressive one, narrating the path from a virtuous past to a decent future, informed by aesthetic judgment. In Literary Criticisms of Law, Guyora Binder and Robert Weisberg argued that, because law is literary in this sense, scholars can use the methods of literary criticism to "read" the law and to subject it to critical evaluation and reflective aesthetic judgment. In reviewing that book, Judge Richard Posner reasserted his long-held position that it is most useful to evaluate law economically rather …

Causality And Responsibility, Glenn Shafer

Cardozo Law Review

No abstract provided.

Legal Scholarship As A Vocation, David Luban

Journal of Legal Education

No abstract provided.

Fear And Loathing Of Politics In The Legal Academy, William H. Simon

Journal of Legal Education

No abstract provided.

The Simplification Of Private Law, Andrew Kull

Journal of Legal Education

No abstract provided.

Learning To Be A Legal Historian: Reflections Of A Nontraditional Student, Jonathan Rose

Journal of Legal Education

No abstract provided.

Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Privatization And Political Accountability, Jack M. Beermann

Faculty Scholarship

This article is an attempt to draw some general connections between privatization and political accountability. Political accountability is to be understood as the amenability of a government policy or activity to monitoring through the political process. Although the main focus of the article is to examine different types of privatization, specifically exploring the ramifications for political accountability of each type, I also engage in some speculation as to whether there are there situations in which privatization might raise constitutional concerns related to the degree to which the particular privatization reduces political accountability for the actions or decisions of the newly …

Court Review: Volume 38, Issue 1 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 1 - Coming To A Court Near You: An Unlicensed Immigrant Driver, Mary A. Celeste

Court Review: Journal of the American Judges Association

There are currently as many as 13 million illegal immigrants in the United States; 5 million are illegal Mexican immigrants, with 46,000 living in my home state of Colorado. There is a push by the Mexican government at both the state and federal levels to change the legal status of those immigrants. President Vicente Fox of Mexico recently added the issue of permitting undocumented migrants to apply for a driver’s license to his agenda for a meeting with governors from the United States. On the federal level, President Bush is now weighing plans to grant legal residency to Mexican illegal …

Court Review: Volume 38, Issue 1 - President's Column, Chris Williams

Court Review: Journal of the American Judges Association

To further this objective, COSCA’s Policy and Liaison Committee appointed Dr. Hugh Collins of Louisiana as liaison to the AJA. It is my hope that we continue this connection with other associations and that we continue our liaison, through our president and president-elect, not only to CCJ and COSCA, but also to the State Justice Institute, the National Association of State Judicial Educators (NASJE), the National Association for Court Management (NACM), the National Conference of Court Public Information Officers, the National College of Probate Judges, the National Conference of Metropolitan Courts, the National Court Reporters Association, the National Association of …

Court Review: Volume 38, Issue 1 - Courting Justice With The Heart: Emotional Intelligence In The Courtroom, Nancy Perry Lubiani, Patricia H. Murrell

Court Review: Journal of the American Judges Association

American culture certainly has a word for sadness. In fact, we have several words, depression, dejection, sorrow, melancholy, despondency, and even a few colloquial phrases: “the blues,” “down in the dumps.” Sadness is probably one of the mildest emotions that judges see in their courtroom. On any given day they might also see anger, frustration, fear, impatience, apathy, boredom, awe, respect, intimidation, perhaps even some of the more welcome emotions, such as happiness, relief, or even joy, and that is just when the judge is on the bench. The list could go on and on. Other aspects of judicial work …

Court Review: Volume 38, Issue 1 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 1 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 1 - Chief Justice John Marshall: Soldier Of The Revolution, Stephen J. Mcewen Jr.

Court Review: Journal of the American Judges Association

John Marshall was an individual of many gifts, versatility, character, and accomplishment. A superb advocate, he served his country as an American Commissioner in Paris, Congressman, Secretary of War, and Secretary of State. Thus, the life of John Marshall goes beyond epochal, while the legend of Chief Justice John Marshall is ageless. All of which has obscured John Marshall the Soldier.
By the time that a full decade of British oppression had escalated to the April 1775 battles at Lexington and Concord, and had inspired the bold, stirring declamation of Patrick Henry to “Give me liberty, or give me death,” …

Court Review: Volume 38, Issue 1 - Robes And Rehabilitation: How Judges Can Help Offenders “Make Good”, David B. Wexler

Court Review: Journal of the American Judges Association

Problem-solving courts—such as drug treatment courts, mental health courts, and domestic violence courts—may be the most obvious examples of “therapeutic jurisprudence in action,” but it is crucial to recognize the potential application of therapeutic jurisprudence generally—in civil cases, appellate cases, family law cases, and, of course, in criminal and juvenile cases. The importance of the therapeutic jurisprudence perspective beyond the specialized problem-solving court context was underscored by a “vision statement” recently agreed to by the District Court for Clark County, Washington.

Court Review: Volume 38, Issue 1 - Editor's Note

Court Review: Journal of the American Judges Association

Reactions to the lead article in this issue may vary greatly. Some will find its conclusions surprising, while others will simply find new labels for concepts they already understand. Nancy Perry Lubiani and Patricia H. Murrell apply the concepts of emotional intelligence to judges, including suggestive evidence that judges who are rated best in bar association surveys are the ones who score highest in emotional intelligence. Another article follows up on our Spring 2000 special issue on therapeutic jurisprudence: David Wexler returns with some specific thoughts on how judges can promote offender rehabilitation.

Court Review: Volume 38, Issue 1 - Letters

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 1 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

The Power Of A Federal Appellate Court To Direct Entry Of Judgment As A Matter Of Law: Reflections On Weisgram V. Marley Co., Robert A. Ragazzo

The Journal of Appellate Practice and Process

Federal district court judges have several mechanisms for controlling civil jury functions. One mechanism is the entry of judgment as a matter of law. Federal appellate courts are able to reverse and direct entry of judgment as a matter of law. This article examines the appropriateness of such authority.

Why Judges Don't Like Petitions For Rehearing, Richard S. Arnold

The Journal of Appellate Practice and Process

Petitions for en banc rehearings are rarely granted. A Senior Judge for the United States Court of Appeals for the Eighth Circuit provides a history and reasoning of the rehearing process and his personal observations on those petitions and processes in today's court.

Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin

The Journal of Appellate Practice and Process

Judicial review allows the Supreme Court of the United States to perform revolutionary constitutional change. The United States Courts of Appeals could also be a vehicle for revolutionary constitutional adjudication.

Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer

Journal Articles

The Rabbis of the Talmud were a community for moral discernment—a community commissioned by God to interpret the Word of God. Their story is theology. Michael Scanlon, a modem Roman Catholic thinker, assumes such a theology and adds anthropology.

The Rabbis assume and Scanlon describes a community for ethical discernment. It is a perception—somewhat empirical, somewhat theological—that is important and neglected for lawyers in academic jurisprudence and in religious legal ethics. My argument here is that what lawyers should do about "ethical dilemmas" in professional practice can be discerned in the sort of community the Talmud describes, and Scanlon describes, …

Restatement (Third) Of Torts: General Principles And The Prescription Of Masculine Order, Anita Bernstein

Faculty Scholarship

No abstract provided.