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Articles 151 - 180 of 191
Full-Text Articles in Jurisprudence
Name-Calling And The Clear Error Rule, Robert F. Nagel
Name-Calling And The Clear Error Rule, Robert F. Nagel
Publications
No abstract provided.
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Three Mistakes About Interpretation, Paul Campos
Remarks On The Process Of Judging, William H. Rehnquist
Remarks On The Process Of Judging, William H. Rehnquist
Washington and Lee Law Review
No abstract provided.
Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells
Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells
Washington and Lee Law Review
No abstract provided.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Touro Law Review
No abstract provided.
Foreword, David Rudenstine
Tradition, Precedent, And Justice Scalia, David A. Strauss
Tradition, Precedent, And Justice Scalia, David A. Strauss
Cardozo Law Review
No abstract provided.
My Pizza With Ninó, Alex Kozinski
Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman
Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman
Cardozo Law Review
No abstract provided.
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Cardozo Law Review
No abstract provided.
Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar
Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar
Cardozo Law Review
No abstract provided.
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …
The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel
The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel
Scholarly Works
No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often examine …
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Articles
No abstract provided.
Retrospective Justification, Jeffrey Malkan
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Touro Law Review
No abstract provided.
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Touro Law Review
No abstract provided.
Judicial Process As An Empirical Study: A Comment On Justice Brennan's Essay, Charles M. Yablon
Judicial Process As An Empirical Study: A Comment On Justice Brennan's Essay, Charles M. Yablon
Cardozo Law Review
No abstract provided.
Post-Structuralism, The Ethical Relation, And The Law, Drucilla Cornell
Post-Structuralism, The Ethical Relation, And The Law, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association
Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association
Touro Law Review
No abstract provided.
Chief Justice Nemetz's Judicial Record: Judicial Decision-Making And Judicial Values, David S. Cohen
Chief Justice Nemetz's Judicial Record: Judicial Decision-Making And Judicial Values, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
Much of Chief Justice Nemetz's life has been devoted to the public good and public service - to the betterment of society through law. Through his judgments and through his contribution to the administration of justice in British Columbia and Canada, he has brought the law closer to every one of us. Few of us can appreciate the degree of sacrifice and dedication to the public good which a life of judging requires. For all these reasons, and out of respect for the dedication of the judiciary, lawyers rarely discuss “judicial values" and particularly the values of a specific judge; …
Preface, Monroe E. Price
The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon
The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon
Cardozo Law Review
No abstract provided.
The Bork Nomination, Ronald M. Dworkin
The Poststructuralist Challenge To The Ideal Of Community, Drucilla Cornell
The Poststructuralist Challenge To The Ideal Of Community, Drucilla Cornell
Cardozo Law Review
No abstract provided.
The Judiciary In A State Of National Crisis With Special Reference To The South African Experience , John Dugard
The Judiciary In A State Of National Crisis With Special Reference To The South African Experience , John Dugard
Washington and Lee Law Review
No abstract provided.