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Articles 91 - 120 of 290
Full-Text Articles in Legal History
The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman
The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Why 'Nonexistent People' Do Not Have Zero Well-Being But No Well-Being At All, Ori J. Herstein
Why 'Nonexistent People' Do Not Have Zero Well-Being But No Well-Being At All, Ori J. Herstein
Cornell Law Faculty Publications
Some believe that the harm or benefit of existence is assessed by comparing a person’s actual state of well-being with the level of well-being they would have had had they never existed. This approach relies on ascribing a state or level of well-being to “nonexistent people,” which seems a peculiar practice: how can we attribute well-being to a “nonexistent person”? To explain away this oddity, some have argued that because no properties of well-being can be attributed to “nonexistent people” such people may be ascribed a neutral or zero level of well-being, setting the baseline for comparatively assessing the harm …
The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless
The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless
Brigham Young University Journal of Public Law
On the difficult moral issues confronting the judiciary today, a long overlooked bit of guidance is provided in the Declaration of Independence, natural law. This paper discusses the moral foundations of the Constitution and their relation to positive law, primarily addressing "same-sex marriage" in the context of Proposition 8 in California, but broadly applicable to other moral/legal conflicts such as abortion and the display of religious texts on public grounds, such as the Ten Commandments. It also challenges the judicial activism evident in many such cases as a judicial violation of the requirements of substantive due process.
What We Can Learn About The Art Of Persuasion From Candidate Abraham Lincoln: A Rhetorical Analysis Of The Three Speeches That Propelled Lincoln Into The Presidency, Michael W. Loudenslager
What We Can Learn About The Art Of Persuasion From Candidate Abraham Lincoln: A Rhetorical Analysis Of The Three Speeches That Propelled Lincoln Into The Presidency, Michael W. Loudenslager
Mercer Law Review
Abraham Lincoln is renowned as an impressive orator and writer. Historians have long studied his life and writings, some dedicating their whole careers to this task. However, few commentators have focused upon how studying the persuasive techniques utilized by Lincoln in his speeches can help lawyers to improve their own persuasive writing and speaking. Lincoln was an experienced litigator, and over the course of his legal career, he tried a voluminous number of cases, was involved in several appeals before the United States Supreme Court, and argued numerous times before the Illinois Supreme Court. These experiences helped Lincoln to cultivate …
Founding Legal Education In America, Paul D. Carrington
Founding Legal Education In America, Paul D. Carrington
Pepperdine Law Review
Thomas Jefferson is rightly recognized as the author of the Declaration of Independence, but less well known to the public is the role of his professional mentor and close friend George Wythe, who assisted in drafting the Declaration and served as both a law professor and Chancellor. Among Wythe's mentees were future President James Monroe, John Marshall, Henry Clay, and many others who played a role in shaping the Nation. This symposium paper explores the foundations of American legal education in the antebellum era, a short account of which confirms that the Founders understood that a republic needs experienced lawyers …
Criminal Procedure And The Supreme Court - Then And Now, David Rudstein
Criminal Procedure And The Supreme Court - Then And Now, David Rudstein
125th Anniversary Materials
No abstract provided.
John Montgomery Ward: The Lawyer Who Took On Baseball, Christopher W. Schmidt
John Montgomery Ward: The Lawyer Who Took On Baseball, Christopher W. Schmidt
125th Anniversary Materials
No abstract provided.
125 Years Of Law Books, 1888-2013, Keith Ann Stiverson
125 Years Of Law Books, 1888-2013, Keith Ann Stiverson
125th Anniversary Materials
No abstract provided.
Inventing Legal Aid: Women And Lay Lawyering, Felice Batlan
Inventing Legal Aid: Women And Lay Lawyering, Felice Batlan
125th Anniversary Materials
No abstract provided.
The Rookery Building And Chicago-Kent, A. Dan Tarlock
The Rookery Building And Chicago-Kent, A. Dan Tarlock
125th Anniversary Materials
No abstract provided.
Privacy And Technology: A 125-Year Review, Lori B. Andrews
Privacy And Technology: A 125-Year Review, Lori B. Andrews
125th Anniversary Materials
No abstract provided.
U.S. Antitrust: From Shot In The Dark To Global Leadership, David J. Gerber
U.S. Antitrust: From Shot In The Dark To Global Leadership, David J. Gerber
125th Anniversary Materials
No abstract provided.
The Changing Composition Of The American Jury, Nancy S. Marder
The Changing Composition Of The American Jury, Nancy S. Marder
125th Anniversary Materials
No abstract provided.
What's A Telegram?, Henry H. Perritt Jr.
What's A Telegram?, Henry H. Perritt Jr.
125th Anniversary Materials
No abstract provided.
A "Progressive Contraction Of Jurisdiction": The Making Of The Modern Supreme Court, Carolyn Shapiro
A "Progressive Contraction Of Jurisdiction": The Making Of The Modern Supreme Court, Carolyn Shapiro
125th Anniversary Materials
The Supreme Court in 1888 was in crisis. Its overall structure and responsibilities, created a century earlier by the Judiciary Act of 1789, were no longer adequate or appropriate. The Court had no control over its own docket - at the beginning of the 1888 term, there were 1,563 cases pending - and the justices’ responsibilities, which included circuit riding, were impossible to meet. Shaped as it was by a law almost as old as the country itself, the Supreme Court in 1888 - and the federal judicial system as a whole - would be barely recognizable to many today. …
Chicago's "Great Boodle Trial", Todd Haugh
Chicago's "Great Boodle Trial", Todd Haugh
125th Anniversary Materials
No abstract provided.
Chicago-Kent: 125 Years And Counting, Ralph L. Brill
Chicago-Kent: 125 Years And Counting, Ralph L. Brill
125th Anniversary Materials
No abstract provided.
Then & Now: Stories Of Law And Progress, Lori B. Andrews, Sarah K. Harding
Then & Now: Stories Of Law And Progress, Lori B. Andrews, Sarah K. Harding
125th Anniversary Materials
No abstract provided.
The Legacy Of In Re Neagle, Harold J. Krent
The Legacy Of In Re Neagle, Harold J. Krent
125th Anniversary Materials
No abstract provided.
The Case For "Higher Law", John Warwick Montgomery
The Case For "Higher Law", John Warwick Montgomery
Pepperdine Law Review
No abstract provided.
Formalities And Formalism: A Critical Look At The Execution Of Wills, Charles I. Nelson, Jeanne M. Starck
Formalities And Formalism: A Critical Look At The Execution Of Wills, Charles I. Nelson, Jeanne M. Starck
Pepperdine Law Review
No abstract provided.
The Age Discrimination In Employment Act Amendments Of 1978: A Legal And Economic Analysis, Scott W. Hansen
The Age Discrimination In Employment Act Amendments Of 1978: A Legal And Economic Analysis, Scott W. Hansen
Pepperdine Law Review
No abstract provided.
A Barometer Of Freedom Of The Press: The Opinions Of Mr. Justice White , Michael J. Armstrong
A Barometer Of Freedom Of The Press: The Opinions Of Mr. Justice White , Michael J. Armstrong
Pepperdine Law Review
Since the Zurcher v. Stanford Daily decision which was authored by Justice Byron F. White, the news media has become increasingly concerned with its' first amendment protections from governmental searches. Since Justice White has been the voice of the United States Supreme Court on this very issue, the author submits that an examination of Justice White's media related opinions can serve as a "barometer" for the constitutional protections of the news media. The author examines the use of Justice White to the Supreme Court, his staunch adherence to stare decisis, and the historical foundation of the first amendment as they …
Has The Right To A Jury Trial As Guaranteed Under The Seventh Amendment Become Outdated In Complex Civil Litigation?, Georgiana G. Rodiger
Has The Right To A Jury Trial As Guaranteed Under The Seventh Amendment Become Outdated In Complex Civil Litigation?, Georgiana G. Rodiger
Pepperdine Law Review
Recognizing the continually increasing burden placed on the jury in complex litigation cases, the author undertakes an extensive study of the origins of jury trials in the United States and England. Various arguments in favor of eliminating jury trials in complex litigation are discussed, along with a possible constitutional method of limiting the scope of the seventh amendment guarantee. The author also studies the case of Ross v. Bernhardt where the Supreme Court outlined a seldom used three- pronged test to determine whether or not a jury trial is constitutionally appropriate. The comment concludes that the factors in favor of …