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Articles 1321 - 1350 of 1454

Full-Text Articles in Supreme Court of the United States

Choosing Judges The Democratic Way, Larry Yackle Mar 1989

Choosing Judges The Democratic Way, Larry Yackle

Faculty Scholarship

A generation ago, the pressing question in constitutional law was the countermajoritarian difficulty.' Americans insisted their government was a democratic republic and took that to mean rule by a majority of elected representatives in various offices and bodies, federal and local. Yet courts whose members had not won election presumed to override the actions of executive and legislative officers who had. The conventional answer to this apparent paradox was the Constitution, which arguably owed its existence to the people directly. Judicial review was justified, accordingly, when court decisions were rooted firmly in the particular text, structure, or historical backdrop of …


Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore Jan 1989

Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore

Touro Law Review

No abstract provided.


Fourth Amendment, William E. Hellerstein Jan 1989

Fourth Amendment, William E. Hellerstein

Touro Law Review

No abstract provided.


"Bad" Judicial Activism And Liberal Federal-Courts Doctrine: A Comment On Professor Doernberg And Professor Redish, Jack M. Beermann Jan 1989

"Bad" Judicial Activism And Liberal Federal-Courts Doctrine: A Comment On Professor Doernberg And Professor Redish, Jack M. Beermann

Faculty Scholarship

JUDUCIAL ACTIVISM IS often portrayed as a liberal vice. This perception is wrong both historically and, as Professor Redish argues, 3 currently as well. The federal judiciary has been and still is an activist institution, working with both substantive law and jurisdictional rules to achieve its own policy goals. It has done this in statutory, constitutional, and common-law matters. Specifically, the Supreme Court of the United States has actively-shaped the jurisdiction of the federal courts in a restrictive and generally conservative manner.

Professors Doernberg4 and Redish attack this last form of activism by the federal courts, activism in shaping …


First Amendment, Burt Neuborne Jan 1989

First Amendment, Burt Neuborne

Touro Law Review

No abstract provided.


Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans Jan 1989

Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans

Touro Law Review

No abstract provided.


Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman Jan 1989

Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman

Touro Law Review

No abstract provided.


Weighted Voting, Richard David Emery ,Esq. Jan 1989

Weighted Voting, Richard David Emery ,Esq.

Touro Law Review

No abstract provided.


Justice Cardozo, One-Ninth Of The Supreme Court, Milton Handler, Michael Ruby Nov 1988

Justice Cardozo, One-Ninth Of The Supreme Court, Milton Handler, Michael Ruby

Cardozo Law Review

No abstract provided.


Judicial Process As An Empirical Study: A Comment On Justice Brennan's Essay, Charles M. Yablon Oct 1988

Judicial Process As An Empirical Study: A Comment On Justice Brennan's Essay, Charles M. Yablon

Cardozo Law Review

No abstract provided.


Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr. Oct 1988

Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr.

Cardozo Law Review

No abstract provided.


Addendum: Civil Rights In Jeopardy, Eileen R. Kaufman, Martin A. Schwartz Jan 1988

Addendum: Civil Rights In Jeopardy, Eileen R. Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.


Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich Jan 1988

Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich

Touro Law Review

No abstract provided.


Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby Jan 1988

Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby

UIC Law Review

No abstract provided.


Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz Jan 1988

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.


Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein Jan 1988

Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein

Touro Law Review

No abstract provided.


An Anti-Antitrust Activist?; Podium, Robert H. Lande Sep 1987

An Anti-Antitrust Activist?; Podium, Robert H. Lande

All Faculty Scholarship

No abstract provided.


Judicial Trial Skills Training, Stephen M. Simon, Bertrand Poritsky Sep 1987

Judicial Trial Skills Training, Stephen M. Simon, Bertrand Poritsky

Journal of Legal Education

No abstract provided.


Judges Or Scholars: To Whom Shall We Look For Our Constitutional Law?, Andrew L. Kaufman Jun 1987

Judges Or Scholars: To Whom Shall We Look For Our Constitutional Law?, Andrew L. Kaufman

Journal of Legal Education

No abstract provided.


Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein Jan 1987

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.


Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch Jan 1987

Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch

Touro Law Review

No abstract provided.


The Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, 62 Notre Dame L. Rev. 151 (1987), Donald L. Beschle Jan 1987

The Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, 62 Notre Dame L. Rev. 151 (1987), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff Jan 1987

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.


American Indians And The Bicentennial, Richard B. Collins Jan 1987

American Indians And The Bicentennial, Richard B. Collins

Publications

No abstract provided.


Strict Constructionism And The Strike Zone, Douglas O. Linder Jan 1987

Strict Constructionism And The Strike Zone, Douglas O. Linder

Faculty Works

No abstract provided.


Book Review, Thomas D. Rowe Jr. Jan 1987

Book Review, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan Jun 1986

Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan

Antioch Law Journal

In January 1983, the United States Court of Appeals for the Eleventh Circuit decided the case of Hance v. Zant. Establishing a stringent standard apparently in line with the Supreme Court's requirement of heightened reliability in capital cases, the Eleventh Circuit reversed Hance's death sentence. The court held, inter alia, that the prosecutor's inflammatory closing argument at the end of the sentencing phase of the trial was violative of the eighth and fourteenth amendments. Six months later, in a group of four other death penalty cases, the United States Supreme Court dismissed challenges to the sentencing process.2 The Court held …


Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy Apr 1986

Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy

Michigan Law Review

A Review of Justices and Presidents: A Political History of Appointments to the Supreme Court (2d edition) by Henry J. Abraham


Statesman Of The Old Republic, Craig Joyce Apr 1986

Statesman Of The Old Republic, Craig Joyce

Michigan Law Review

A Review of Supreme Court Justice Joseph Story: Statesman of the Old Republic by R. Kent Newmyer


Judge Picking, Abner J. Mikva Apr 1986

Judge Picking, Abner J. Mikva

Michigan Law Review

A Review of God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History by Laurence H. Tribe