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Articles 211 - 240 of 277
Full-Text Articles in Legal Profession
Honoring Dan Meltzer, Bradford R. Clark
Honoring Dan Meltzer, Bradford R. Clark
Notre Dame Law Review
Dan Meltzer was a giant in the field of Federal Courts, and it is hard to overstate his influence on its development. He taught Federal Courts at Harvard Law School and was a long-time co-author of Hart & Wechsler’s The Federal Courts and the Federal System (“Hart & Wechsler ”), the casebook that created the field and shaped how generations of judges, lawyers, and scholars think about complex questions of federal jurisdiction. In addition, Dan enriched the field immeasurably by writing seminal articles on a wide range of Federal Courts topics. His work was characterized by deep knowledge of the …
Newsroom: Yelnosky On Ginsburg's Trump Comments 7/14/2016, Edward Fitzpatrick, Roger Williams University School Of Law
Newsroom: Yelnosky On Ginsburg's Trump Comments 7/14/2016, Edward Fitzpatrick, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Place Of Policy In International Law, Oscar Schachter
The Place Of Policy In International Law, Oscar Schachter
Georgia Journal of International & Comparative Law
No abstract provided.
"The More Things Change . . .": New Moves For Legitimizing Racial Discrimination In A "Post-Race" World, Mario L. Barnes
"The More Things Change . . .": New Moves For Legitimizing Racial Discrimination In A "Post-Race" World, Mario L. Barnes
Articles
No abstract provided.
The Good, The Bad, And The Ugly: Reflections Of A Counterclerk, Gil Seinfeld
The Good, The Bad, And The Ugly: Reflections Of A Counterclerk, Gil Seinfeld
Michigan Law Review First Impressions
Everyone has strong feelings about Justice Scalia. Lionized by the political right and demonized by the left, he has been among the most polarizing figures in American public life over the course of the last halfcentury. It is hardly surprising, then, that in the weeks since Justice Scalia’s death, the public discourse surrounding his legacy has exhibited something of a split personality. There have, of course, been plenty of appropriately respectful—even admiring—tributes from some of the Justice’s ideological adversaries; and here and there one of the Justice’s champions has acknowledged, with a hint of lament, the acerbic quality of some …
Remembered Justice: The Background, Early Career And Judicial Appointments Of Justice Potter Stewart, Joel Jacobsen
Remembered Justice: The Background, Early Career And Judicial Appointments Of Justice Potter Stewart, Joel Jacobsen
Akron Law Review
During Potter Stewart’s 23 years on the Supreme Court he served with 17 other justices. All but four of the 17 have been the subject of at least one book-length biography, and the careers or decisions of the remaining four have been closely examined in scholarly monographs. Potter Stewart is the only one in his cohort of justices who has not had a book written about him or his work. If a person runs a search for “Stewart, Potter” in the Library of Congress on-line catalogue, the only hits that person will receive are for two collections of letters deposited …
Supreme Court's Iolta Decision: Of Dogs, Mangers, And The Ghost Of Mrs. Frothingham, 30 Seton Hall L. Rev. 846 (2000), Donald L. Beschle
Supreme Court's Iolta Decision: Of Dogs, Mangers, And The Ghost Of Mrs. Frothingham, 30 Seton Hall L. Rev. 846 (2000), Donald L. Beschle
Donald L. Beschle
No abstract provided.
Clark Memorandum: Spring 2015, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Spring 2015, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Watchmen on the Tower (Elder D. Todd Christofferson)
- Studying Law in the Light (Brett G. Scharffs)
- On Becoming a Spiritual Athlete (Steve Young)
- The Copyright Predicament (Clark D. Asay)
- The Case Against the Supreme Court (Erwin Chemerinsky)
Frenemies Of The Court: The Many Faces Of Amicus Curiae, Helen A. Anderson
Frenemies Of The Court: The Many Faces Of Amicus Curiae, Helen A. Anderson
University of Richmond Law Review
No abstract provided.
Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall
Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall
Eric J. Segall
The academic and political debate over judicial activism has been based on the overriding but patently false assumption that the Supreme Court’s performance can be measured by examining the results that it reaches in constitutional cases. When scholars and politicians equate judicial activism with judicial invalidation of the works of the political branches or the reversal of precedent, however, these commentators don’t reveal anything different than would a pure descriptive account of the Court’s decision and rationale. Moreover, the judicial activism debate is unhelpful because the ambiguous sources of constitutional interpretation cannot privilege fundamental baselines or generate consensus over correct …
The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks
The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks
Publications
Discusses J. McIntyre Machinery, Ltd. v. Nicastro as an example of the Supreme Court's failure to rely on practical wisdom, in connection with the historic shift toward increasingly elite credentials for the justices.
The Illusory Right To Counsel, Eve Brensike Primus
The Illusory Right To Counsel, Eve Brensike Primus
Articles
Imagine a woman wrongly accused of murdering her fianc6. She is arrested and charged with first-degree murder. If convicted, she faces a mandatory sentence of life without the possibility of parole. Her family scrapes together enough money to hire two attorneys to represent her at trial. There is no physical evidence connecting her to the murder, but the prosecution builds its case on circumstantial inferences. Her trial attorneys admit that they were so cocky and confident that she would be acquitted that they did not bother to investigate her case or file a single pre-trial motion. Rather, they waived the …
Protecting A Parent's Right To Counsel In Child Welfare Cases, Vivek Sankaran
Protecting A Parent's Right To Counsel In Child Welfare Cases, Vivek Sankaran
Articles
A national consensus is emerging that zealous leagal representation for parents is crucial to ensure that the child welfare system produces just outcomes for children. Parents' lawyers protect important constitutional rights, prevent the unnecessary entry of children into foster care and guide parents through a complex system.
Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall
Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall
Faculty Publications By Year
The academic and political debate over judicial activism has been based on the overriding but patently false assumption that the Supreme Court’s performance can be measured by examining the results that it reaches in constitutional cases. When scholars and politicians equate judicial activism with judicial invalidation of the works of the political branches or the reversal of precedent, however, these commentators don’t reveal anything different than would a pure descriptive account of the Court’s decision and rationale. Moreover, the judicial activism debate is unhelpful because the ambiguous sources of constitutional interpretation cannot privilege fundamental baselines or generate consensus over correct …
Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.
Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.
University of Richmond Law Review
No abstract provided.
Courtiers Of The Marble Palace: The Rise And Influence Of The Supreme Court Law Clerk, Harvey Gee
Courtiers Of The Marble Palace: The Rise And Influence Of The Supreme Court Law Clerk, Harvey Gee
West Virginia Law Review
No abstract provided.
The Bureaucratic Court, Benjamin C. Mizer
The Bureaucratic Court, Benjamin C. Mizer
Michigan Law Review
In August 2006, the New York Times caused a stir by reporting that the number of female law clerks at the United States Supreme Court has fallen sharply in the first full Term in which Justice Sandra Day O'Connor is no longer on the bench. In an era in which nearly fifty percent of all law school graduates are women, the Times reported, less than twenty percent of the clerks in the Court's 2006 Term - seven of thirty-seven - are women. In interviews, Justices Souter and Breyer viewed the sharp drop in the number of female clerks as an …
Structural Reform In Criminal Defense: Relocating Ineffective Assistance Of Counsel Claims, Eve Brensike Primus
Structural Reform In Criminal Defense: Relocating Ineffective Assistance Of Counsel Claims, Eve Brensike Primus
Articles
This Article suggests a structural reform that could solve two different problems in criminal defense representation. The first problem is that the right to effective trial counsel lacks a meaningful remedy. Defendants are generally not permitted to raise ineffective assistance of counsel claims until collateral review. Given that collateral review typically occurs years after trial, most convicted defendants have completed their sentences by that time and therefore have little incentive to pursue ineffectiveness claims. Moreover, there is no right to counsel on collateral review, and it is unrealistic to expect defendants to navigate the complicated terrain of an ineffectiveness claim …
Re-Embodying Law, Steven L. Winter
Re-Embodying Law, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Reining In The Supreme Court: Are Term Limits The Answer?, Arthur D. Hellman
Reining In The Supreme Court: Are Term Limits The Answer?, Arthur D. Hellman
Book Chapters
Once again, life tenure for Supreme Court Justices is under attack. The most prominent proposal for reform is to adopt a system of staggered non-renewable terms of 18 years, designed so that each President would have the opportunity to fill two vacancies during a four-year term. This book chapter, based on a presentation at a conference at Duke Law School, addresses the criticisms of life tenure and analyzes the likely consequences of moving to a system of 18-year staggered terms for Supreme Court Justices.
One of the main arguments for term limits is, in essence, that the Supreme Court should …
Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld
Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld
The Journal of Appellate Practice and Process
No abstract provided.
Observations On The Status And Impact Of The Judicial Confirmation Process, Edith H. Jones
Observations On The Status And Impact Of The Judicial Confirmation Process, Edith H. Jones
University of Richmond Law Review
No abstract provided.
A Response To Professor Bix, Robert F. Nagel
Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec
Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec
All Faculty Scholarship
In 1873 the U.S. Supreme Court denied Myra Bradwell the right to practice law, holding "the paramount destiny and mission of women are to fulfill the noble and benign office of wife and mother." Now, just slightly more a century later, two women sit on the Supreme Court, and almost half of all law students and law school faculty are women.
A First Argument In The Tradition Of Many, Beth S. Brinkmann
A First Argument In The Tradition Of Many, Beth S. Brinkmann
The Journal of Appellate Practice and Process
No abstract provided.
First Argument In The United States Supreme Court, Talbot D'Alemberte
First Argument In The United States Supreme Court, Talbot D'Alemberte
The Journal of Appellate Practice and Process
No abstract provided.
Why Me?, Walter Dellinger
Why Me?, Walter Dellinger
The Journal of Appellate Practice and Process
No abstract provided.
I Couldn't Wait To Argue, Timothy Coates
I Couldn't Wait To Argue, Timothy Coates
The Journal of Appellate Practice and Process
No abstract provided.
Learning (And Teaching) From Doing, Edward B. Foley
Learning (And Teaching) From Doing, Edward B. Foley
The Journal of Appellate Practice and Process
No abstract provided.
Still Grateful After All These Years, Christina M. Tchen
Still Grateful After All These Years, Christina M. Tchen
The Journal of Appellate Practice and Process
No abstract provided.