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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


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


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


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


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


Pyrrhic Victory?: An Analysis of the Appeal Court Opinions Concerning the FLDS Children

Tamatha L. Schreinert and James T. Richardson

in Saints Under Siege: The Texas State Raid on the Fundamentalist Latter Day Saints

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814795286
eISBN:
9780814795309
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814795286.003.0011
Subject:
Religion, Religion and Society

This chapter examines the opinions of the Texas Appellate Courts concerning the children taken into custody by state authorities after the raid on the Fundamentalist Church of Jesus Christ Latter Day ... More


. Meredith v. Fair II: A “Legal Jungle”

Charles W. Eagles

in The Price of Defiance: James Meredith and the Integration of Ole Miss

Published in print:
2009
Published Online:
September 2014
ISBN:
9780807832738
eISBN:
9781469605067
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807895597_eagles.18
Subject:
History, African-American History

This chapter describes the second phase of James Meredith's legal battle. On June 25, 1962, two months after the appellate court heard arguments in the case, four and half months after Judge Mize's ... More


The Structure of American Law: The Courts

Lawrence M. Friedman and Grant M. Hayden

in American Law: An Introduction

Published in print:
2017
Published Online:
January 2017
ISBN:
9780190460587
eISBN:
9780190460624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190460587.003.0004
Subject:
Law, Comparative Law

This chapter discusses the American court system. It begins by laying out the basic structure of federal and state court systems. It then looks at the judges—where they come from and whether they ... More


Serpent Handling and the Law: History and Empirical Studies

Ralph W. Hood Jr. and W. Paul Williamson

in Them That Believe: The Power and Meaning of the Christian Serpent-Handling Tradition

Published in print:
2008
Published Online:
May 2012
ISBN:
9780520231474
eISBN:
9780520942714
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520231474.003.0012
Subject:
Religion, Religious Studies

This chapter presents the history of the laws that have targeted serpent-handling Christians. In the view of public officials, this religious practice is a danger both to those who engage in it and ... 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


Living with Three Strikes: Courts, Corrections, and the Political Process

E.Zimring Franklin, Gordon Hawkins, and Sam Kamin

in Punishment and Democracy: Three Strikes and You're Out in California

Published in print:
2003
Published Online:
March 2012
ISBN:
9780195171174
eISBN:
9780199849765
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195171174.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter examines the impact of five years of operation of Three Strikes on the criminal and appellate courts, on the prison population, and on the politics of criminal justice reform. It briefly ... More


Dissenting Judgments

Lord Brown of Eaton-under-Heywood

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0005
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter reflects on the question of dissenting judgments. In what circumstances are they called for, in what circumstances not? What sort of considerations should animate those contemplating a ... More


Fitness for Criminal Adjudication: The Emerging Significance of Decisional Competence in the United States

Richard J Bonnie

in Fitness to Plead: International and Comparative Perspectives

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198788478
eISBN:
9780191830341
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198788478.003.0009
Subject:
Law, Comparative Law

This chapter addresses the emerging significance of decisional competence in the United States. The practice of assessing and adjudicating fitness to plead developed largely without assistance from ... More


Arguing with Tradition: The Language of Law in Hopi Tribal Court

Justin B. Richland

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226712932
eISBN:
9780226712963
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226712963.001.0001
Subject:
Anthropology, Social and Cultural Anthropology

This book explores language and interaction within a contemporary Native American legal system. Grounded in extensive field research on the Hopi Tribe of northeastern Arizona—on whose appellate court ... More


The Road to He Supreme Court

Anna R. Hayes

in Without Precedent: The Life of Susie Marshall Sharp

Published in print:
2008
Published Online:
July 2014
ISBN:
9780807832141
eISBN:
9781469605807
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807887813_hayes.16
Subject:
History, American History: 20th Century

This chapter shows that Susie Sharp was not willing to sacrifice John Kesler if ever she was nurturing ambitions to become a member of the state's highest appellate court. In vivid contrast to her ... More


Induction

Frederic R. Kellogg

in Oliver Wendell Holmes Jr. and Legal Logic

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226523903
eISBN:
9780226524061
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226524061.003.0005
Subject:
Law, Legal History

Holmes is defended against criticism by Grant Gilmore and others for cynicism and moral relativism, arising from his sense of a threshold of potential failure of legal resolution, thereby ... More


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