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Articles 331 - 345 of 345
Full-Text Articles in President/Executive Department
Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo
Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo
Michigan Law Review
William H. Rehnquist is not going to be Chief Justice forever - much to the chagrin of Republicans, no doubt. In the last century, Supreme Court Justices have retired, on average, at the age of seventy-one after approximately fourteen years on the bench. By the end of the term of the President we elect this November, Chief Justice Rehnquist will have served on the Supreme Court for thirty-two years and reached the age of eighty. The law of averages suggests that Chief Justice Rehnquist is likely to retire in the next presidential term. In addition to replacing Chief Justice Rehnquist, …
Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson
Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson
UIC Law Review
No abstract provided.
Pragmatism And Parity In Appointments, Yxta Maya Murray
Pragmatism And Parity In Appointments, Yxta Maya Murray
Michigan Journal of Gender & Law
This review uses Carter's two foci as a springboard for analyzing the Article II, Section II appointment process. First, Carter's discussion of indecency in modern appointments may be a valuable theoretical insight into the process instead of a mere sociological observation. "Indecency" in appointments, or what is known as "borking" in Carter parlance, may also be a symptom of race and gender bias in the administration of the Article II, Section II power. To ameliorate the effects of this bias, I suggest the incorporation of pragmatism (a thread of philosophical and legal thought) and parity concepts into the existing appointments …
Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski
Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski
Faculty Scholarship
A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …
Innovations Disguised As Traditions: An Historical Review Of The Supreme Court Nominations Process, Ronald D. Rotunda
Innovations Disguised As Traditions: An Historical Review Of The Supreme Court Nominations Process, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman
Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman
Articles
For the most part, the Supreme Court's decisions in 1932 and 1933 disappointed liberals. The two swing Justices, Chief Justice Charles Evans Hughes and Justice Owen J. Roberts, seemed to have sided more with the Court's four conservatives than with its three liberals. Between early 1934 and early 1935, however, the Court issued three thunderbolt decisions, all by five-to-four votes on the liberal side and with either Hughes or Roberts writing for the majority over the dissent of the conservative foursome: in January 1934, Home Building & Loan Ass'n v. Blaisdell' severely limited the extent to which the Contracts Clause …
Advice And Consent In Theory And Practice, Roger J. Miner '56
Advice And Consent In Theory And Practice, Roger J. Miner '56
Federal Court System and Administration
No abstract provided.
Taking The Court Seriously: A Proposed Approach To Senate Confirmation Of Supreme Court Nominees, Gary J. Simson
Taking The Court Seriously: A Proposed Approach To Senate Confirmation Of Supreme Court Nominees, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr.
Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr.
UIC Law Review
No abstract provided.
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
Publications
No abstract provided.
Article Iii Versus Bankruptcy Judges And Magistrates -- A Partial Triumph Of Principles Of Separation Of Powers Over The Pragmatism Of Docket Congestion, William Vandercreek
Article Iii Versus Bankruptcy Judges And Magistrates -- A Partial Triumph Of Principles Of Separation Of Powers Over The Pragmatism Of Docket Congestion, William Vandercreek
Florida State University Law Review
No abstract provided.
Roosevelt And Frankfurter: Their Correspondence, Annotated By Max Freedman, Phillip B. Kurland
Roosevelt And Frankfurter: Their Correspondence, Annotated By Max Freedman, Phillip B. Kurland
Indiana Law Journal
No abstract provided.
Political Questions: The Judicial Check On The Executive, Paul D. Carrington
Political Questions: The Judicial Check On The Executive, Paul D. Carrington
Articles by Maurer Faculty
No abstract provided.
President Roosevelt And The Judiciary, Rex M. Petterf
President Roosevelt And The Judiciary, Rex M. Petterf
Indiana Law Journal
No abstract provided.
The Technique Of Judicial Appointment, Harold J. Laski
The Technique Of Judicial Appointment, Harold J. Laski
Michigan Law Review
It is difficult to overestimate the significance of the judiciary in the modern state. The work of the executive has become so vast, the powers delegated to it by the legislature are so wide, that judges are, perhaps more than at any previous time, the real safeguard of personal liberty. It is only necessary to recall cases like Coppage v. Kansas, or R. v. Halliday, to realize how nearly judicial activity goes to the very heart of freedom. That is, of course, even more the case when, as with America, the constitution of the state is written, and …