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The Second Circuit Court Of Appeals In the 1920S and 1930S: Hand as First Among Equals

Gerald Gunther

in Learned Hand: The Man and the Judge

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195377774
eISBN:
9780199869374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377774.003.0007
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter focuses on Learned Hand's years as Second Circuit Court of Appeals judge and his relationships with fellow judges. The distinctive role Hand played on the Second Circuit during his first ... More


The End of the Twentieth Century: The House of Lords 1982–2000 1

Michael Beloff

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0015
Subject:
Law, Legal History

This chapter argues that the reputation of the House of Lords for high quality appellate adjudication in private law litigation was well maintained during the last two decades of the 20th century. In ... More


Promotion To The Second Circuit

Gerald Gunther

in Learned Hand: The Man and the Judge

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195377774
eISBN:
9780199869374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377774.003.0006
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter details Learned Hand's promotion to the Second Circuit Court of Appeals. By the spring of 1917, after only eight years on the bench, Hand was the most senior judge of his district. He ... More


A Brief History of the Circuit Courts

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the history of the circuit courts of appeals. For the first hundred years, there was no separate set of intermediate courts of appeals, though Congress had experimented with ... More


The Supreme Court, Social Psychology, and Group Formation

Neal Devins and Will Federspiel

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0006
Subject:
Psychology, Forensic Psychology

The Justices of the Supreme Court function not just as individuals but also as members of a group. Political science models of Supreme Court decision making, however, focus on the legal and policy ... More


Panning for Gold: Choosing Cases for Top-level Courts

Andrew Le Sueur

in Building the UK's New Supreme Court: National and Comparative Perspectives

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199264629
eISBN:
9780191698965
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264629.003.0012
Subject:
Law, Legal Profession and Ethics

In common law systems, top-level appellate courts hear argument and give full judgements in only a relatively small proportion of cases brought to them. In 2001, the House of Lords disposed of 269 ... More


Constitutional Originalism: A Debate

Robert.W Bennett and Lawrence B. Solum

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801447938
eISBN:
9780801460630
Item type:
book
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801447938.001.0001
Subject:
Law, Constitutional and Administrative Law

Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called “originalism.” The core of originalism is the belief that ... More


A Developing Jurisdiction, 1914–45

DGT Williams

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0013
Subject:
Law, Legal History

This chapter begins with a discussion of how the judicial House of Lords survived and consolidated its position as the final appellate court during the period 1914–45. It then describes the ... More


Other Bases for Decision: Principles and Consequential Considerations

Kent Greenawalt

in Statutory and Common Law Interpretation

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199756148
eISBN:
9780199979523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756148.003.0010
Subject:
Law, Philosophy of Law

This chapter explores further what judges do in common law cases when they decide in the absence of a controlling precedent or ask themselves whether to overrule or avoid a precedent that does appear ... More


Conclusion

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.003.0015
Subject:
Law, Constitutional and Administrative Law

This chapter summarizes the preceding discussions and presents some general lessons from the transformation of circuit courts. The first and most obvious is that there is a steady force pulling on ... More


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