Browse Items (9 total)

46ArkLRev113.pdf
In his thoughtful and provocative article, Professor Ronald Rotunda offers several arguments against “constitutionalizing judicial ethics,” especially criticizing the majority in Caperton v. A.T. Massey Coal Co., because he, echoing Chief Justice…

2009CardozoLRevDeNovo273.pdf
Oaths of office are required by the second and sixth articles of the United States Constitution. The oath for judges, however, has been a bit different from the very beginning. Recent discussion in this journal has again raised the perennial…

43HarvCRCLLRev599.pdf
To his fresh, young law students, Karl Llewellyn admitted that law schools, at least in the first year, aim “to get you ‘thinking like a lawyer.’” This moral power was intended to revive in the second year, when law students bring their…

43ColumJTransnatlL905.pdf
This Essay in honor of Oscar Schachter criticizes both ahistorical renderings of the law of war and realist depictions of Peloponnesian War by asking whether Thucydides describes the conditions of a law of war. Examining the history in detail,…

78NotreDameLRev761.pdf
The United States of America is now at war. The infamous destruction of September 11, 2001, which led to this commitment, was of the form and scope of acts that traditionally have led to war. Despite our confidence that we must attack the terrorists,…

78NotreDameLRev1165.pdf
The standard of criminal proof beyond a reasonable doubt is believed almost everywhere to be a bulwark of protection for the accused, an assurance that the state will not punish the innocent to snare more easily the guilty. This Article, presents a…

11TheCanadianJLAndJurisprudence383.pdf
Legal perfectionism is the doctrine according to which officials may adopt and enforce laws according to the officials' understanding of a good life, with the intended practical effect that people governed by such laws will lead better lives. In…

78IowaLRev547.pdf
Used in the lecture halls of American law schools for a hundred years, the case method is more reviled than beloved. Many of its practitioners accept its dominance blindly, assigning casebooks and preparing questions for classes without regard either…

45HastingsLJ969.pdf
In the hands of an honest merchant, the balance is an implement for fine comparisons of honest value. Used by a corrupt merchant, however, the balance is a tool for deceit, a scale in which truth is weighed against gold or pudding against praise.…
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