Frank Coffin And Enlightened Governance,
2017
University of Maine School of Law
Frank Coffin And Enlightened Governance, Robert A. Katzmann
Maine Law Review
I have often thought that Judge Frank M. Coffin is one of a handful of statesmen of recent times I could easily imagine in Philadelphia in the summer of 1787 (indeed, as a central figure in a David McCollough biography). If he had been, as competing factions struggled to find solutions to thorny issues, Madison’s Notes would inevitably and often have recorded: “With negotiations on the verge of collapse, all eyes turned to Frank Coffin, who found not only the key to compromise, but also the better way.”
The Legacy Of Judge Frank M. Coffin,
2017
University of Maine School of Law
The Legacy Of Judge Frank M. Coffin, Peter R. Pitegoff
Maine Law Review
Judge Coffin had adopted the University of Maine School of Law as if it were his own. He was a committed friend to the Law School and served on the advisory Board of Visitors for almost two decades. Like so many others, I felt his keen personal commitment as well, with his periodic calls and visits, his steady counsel and encouragement. Before arriving in Maine, I had known of Judge Coffin. Little did I anticipate that he would so enrich my experience as Dean at Maine Law. He remains a role model to so many of our graduates and leaves …
Textualism And The Problem Of Scrivener's Error,
2017
University of Maine School of Law
Textualism And The Problem Of Scrivener's Error, John David Ohlendorf
Maine Law Review
Scrivener’s errors make easy prey for the gentle comedy of the bench and bar, much in the way that typographical errors in billboards, newspaper headlines, and church bulletins form an endless source of humor for late night talk show hosts. But theorists of legal interpretation have long seen that scrivener’s errors pose a more serious problem. The doctrine surrounding scrivener’s error stands considered as something of a cousin to the absurdity doctrine, which has roots extending to the earliest days of the American Republic. More recently, the post-legal-process revival of formalist approaches to statutory interpretation on the bench, and their …
Unequal Law, Unequal Burden: The All-Male Selective Service Act, Civilian Rights, And The Limits Of Military Deference In Modern Supreme Court Jurisprudence,
2017
United States Military Academy, Department of Law
Unequal Law, Unequal Burden: The All-Male Selective Service Act, Civilian Rights, And The Limits Of Military Deference In Modern Supreme Court Jurisprudence, Amy Mccarthy
Florida State University Law Review
No abstract provided.
Adjudication In The Age Of Disagreement,
2017
Yale Law School
Adjudication In The Age Of Disagreement, John Fabian Witt
Fordham Law Review
In the time I have here with you today I would like to offer the beginnings of an answer. It does not lie in the distance between the court’s traditions and Manton’s conduct. That would be too easy. At base, I think the answer lies in something far more subtle and interesting: the relationship between acentral tradition of the Second Circuit and one of the great questions we face as a society today. That question is how to deal with disagreement.
Pleading, For The Future: Conversations After Iqbal,
2017
Penn State Dickinson Law
Pleading, For The Future: Conversations After Iqbal, Lee H. Rosenthal
Dickinson Law Review (2017-Present)
No abstract provided.
Justice Blackmun And Preclusion In The State-Federal Context,
2017
Penn State Dickinson Law
Justice Blackmun And Preclusion In The State-Federal Context, Karen Nelson Moore
Dickinson Law Review (2017-Present)
No abstract provided.
Justice Blackmun And Individual Rights,
2017
University of Chicago Law School
Justice Blackmun And Individual Rights, Diane P. Wood
Dickinson Law Review (2017-Present)
Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …
The Substitute And Complement Theories Of Judicial Review,
2017
Florida State University College of Law
The Substitute And Complement Theories Of Judicial Review, David Landau
Scholarly Publications
Constitutional theory has hypothesized two distinct and contradictory ways in which judicial review may interact with external political and social support. One line of scholarship has argued that judicial review and external support are substitutes. Thus, "political safeguard" theorists of American federalism and the separation of powers argue that these constitutional values are enforced through the political branches, making judicial review unnecessary. However, a separate line of work, mostly composed of social scientists examining rights issues, argues that the relationship between courts and outside support is complementary-judges are unlikely to succeed in their projects unless they have sufficient assistance from …
Bringing Compassion Into The Province Of Judging: Justice Blackmun And The Outsiders,
2017
Penn State Dickinson Law
Bringing Compassion Into The Province Of Judging: Justice Blackmun And The Outsiders, Pamela S. Karlan
Dickinson Law Review (2017-Present)
No abstract provided.
The Case Against Oral Argument: The Effects Of Confirmation Bias On The Outcome Of Selected Cases In The Seventh Circuit Court Of Appeals,
2017
Notre Dame Law School
The Case Against Oral Argument: The Effects Of Confirmation Bias On The Outcome Of Selected Cases In The Seventh Circuit Court Of Appeals, Christine M. Venter
Journal Articles
Scholars have long been divided over the role, function, and significance, if any, of oral argument in judicial decision-making.' Federal courts seem similarly divided, as some circuits routinely grant oral argument in almost every case, while others grant oral argument in only a small fraction of appeals. This divide should not be dismissed as merely an idiosyncratic debate or as a response to excessive workload, particularly when one considers that approximately 53,000 appeals were filed in federal courts of appeals in the year ending September 30, 2016.2 Since the Supreme Court grants certiorari in only approximately eighty cases each year, …
"I'Ve Got My Mind Made Up": How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence,
2017
New York Law School
"I'Ve Got My Mind Made Up": How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin
Cardozo Journal of Equal Rights & Social Justice
The article critiques the teleological reasoning employed by judges in cases involving biologically-based evidence, particularly in mental disability law. It argues that judges often prioritize pre-determined outcomes over evidence, leading to decisions that neglect valid scientific data and violate the principles of therapeutic jurisprudence.
The Phenomenology Of Medico-Legal Causation,
2017
Dalhousie University
The Phenomenology Of Medico-Legal Causation, Nicholas Hooper
Dalhousie Law Journal
The language of counterfactual causation employed from the bench obscures the analytical vacuity of the "butfor" test. This paper takes issue with the consistent recourse to "common sense" as a methodological tool for determining the deeply complex issue of causality. Despite manifestly empty gestures to, e.g., robust pragmatism, the current approach imposes the dominant values of the judiciary in a manner that perpetuates the current distribution of power. Whatever the merits of counterfactual inquiry, its legal iteration requires judges to construct a hypothetical narrative about "how things generally happen." This, in turn, impels a uniquely comprehensive brand ofjudicialcreativity. The results …
The Total Takings Myth,
2017
University of Texas at Austin School of Law
The Total Takings Myth, Lynn E. Blais
Fordham Law Review
For almost thirty-five years, the U.S. Supreme Court has attempted to carve out a total takings doctrine within its regulatory takings jurisprudence. Most regulatory takings claims are evaluated under the “ad hoc” threefactor test first articulated in Penn Central Transportation Co. v. City of New York. Exceedingly few of these claims are successful. But the Court has identified certain categories of government actions that are compensable takings per se, otherwise known as total takings. This began in 1982 with Loretto v. Teleprompter Manhattan CATV Corp., where the Court held that a land use ordinance requiring a landowner to …
Reviving Reliance,
2017
Tulane Law School
Reviving Reliance, Ann M. Lipton
Fordham Law Review
This Article explores the misalignment between the disclosure requirements of the federal securities laws and the private causes of action available to investors to enforce those requirements. Historically, federally mandated disclosures were designed to allow investors to set an appropriate price for publicly traded securities. Today’s disclosures, however, also enable stockholders to participate in corporate governance and act as a check on managerial misbehavior. To enforce these requirements, investors’ chief option is a claim under the general antifraud statute, section 10(b) of the Securities Exchange Act of 1934. But courts are deeply suspicious of investors’ attempts to use the Act …
A Christian Jurisprudence,
2017
St. John's University School of Law
A Christian Jurisprudence, John Kuhn Bleimaier
The Catholic Lawyer
No abstract provided.
A Jurisprudence Of Faith: An Experiment In Using Theology To Interpret Jurisprudence,
2017
St. John's University School of Law
A Jurisprudence Of Faith: An Experiment In Using Theology To Interpret Jurisprudence, Timothy L. Fort
The Catholic Lawyer
No abstract provided.
A New Jurisprudential Aspect Of Antisocial Personality Disorder In Relation To Marriage,
2017
St. John's University School of Law
A New Jurisprudential Aspect Of Antisocial Personality Disorder In Relation To Marriage, Reverend Augustine Mendonca
The Catholic Lawyer
No abstract provided.
Toward A Theory Of Judicial Decisionmaking: A Synthesis Of Ideologist Jurisprudence And Doctrinalism,
2017
St. John's University School of Law
Toward A Theory Of Judicial Decisionmaking: A Synthesis Of Ideologist Jurisprudence And Doctrinalism, Raymond A. Belliotti
The Catholic Lawyer
No abstract provided.
The Process Of Responsible Decision: Observations On The Jurisprudence Of Professor Jones,
2017
St. John's University School of Law
The Process Of Responsible Decision: Observations On The Jurisprudence Of Professor Jones, Edward N. Peters
The Catholic Lawyer
No abstract provided.
