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Judicial Selection, Appointments Gridlock, And The Nuclear Option, David S. Law, Lawrence B. Solum
Judicial Selection, Appointments Gridlock, And The Nuclear Option, David S. Law, Lawrence B. Solum
David S. Law
In this paper, we employ simple formal models drawn from political science to explain the occurrence of gridlock in the federal judicial selection process, and to explore the implications of the nuclear option, by which a bare majority of senators employs parliamentary tactics to abolish the filibuster with respect to judicial nominations. Our application of a pivotal politics model leads us to reject the notion that appointments gridlock is a straightforward consequence of divided government. Instead, meaningful changes to the ideological balance of the federal bench require a more demanding ideological alignment of multiple veto players relative to the status …
The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann
The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann
Michael D. Mann
This Comment explores how television shows such as CSI and Law & Order have created heightened juror expectations in courtrooms across America. Surprise acquitals often have prosectors scratching their heads as jurors hold them to this new "Hollywood" standard. The Comment also analyzes the CSI phenomena by reflecting on past legal television shows that have influenced the public's perception of the legal profession and how the "CSI effect" has placed an even greater burden on parties to proffer some kind of forensic evidence at trial.
The Comment was published in volume 24 of the Buffalo Public Interest Law Journal (2006).
Bringing Locus Into Focus: A Choice-Of-Law Methodology For Cisg-Based Concurrent Contract And Product Liability Claims, Antonin I. Pribetic
Bringing Locus Into Focus: A Choice-Of-Law Methodology For Cisg-Based Concurrent Contract And Product Liability Claims, Antonin I. Pribetic
Antonin I. Pribetic
The article discusses choice-of-law theories for both contractual and tort/product liability claims governed by the CISG. The underlying theme is that concurrent claims are not necessarily equivalent claims. While concurrent liability in contract and tort (namely, product liability) may be applicable or alternative remedies available, the focus of the CISG is the harmonization of rules governing international sale contracts. The article argues that factors such as the place of injury or where the damages are sustained are less relevant than the situs of the contract, based upon the view that, without privity of contract, the concurrent tort would not arise. …
The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law
The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law
David S. Law
Sovereigns, like individuals, must sometimes make commitments that limit their freedom of action in order to accomplish their goals. Scholars have observed that constitutional arrangements can, by restricting a sovereign’s power, enable the sovereign to make such commitments. The opposite, however, can also be true: constitutional arrangements can and do impede sovereign commitment by entrenching inalienable governmental powers and immunities. This Article explores the nature and origins of the commitment problems that sovereigns face, and the role of courts in solving such problems. It begins by setting forth an analytical distinction between effective and persuasive commitments. Effective commitments are made …
Choosing A Chief Justice: Presidential Prerogative Or A Job For The Court?, Todd E. Pettys
Choosing A Chief Justice: Presidential Prerogative Or A Job For The Court?, Todd E. Pettys
Todd E. Pettys
After identifying the original rationales for our longstanding tradition of permitting the President and Senate to decide which of the Court’s nine members will serve as Chief Justice, I argue that those rationales are anachronistic, that the tradition creates unnecessary conflicts of interest and separation-of-powers concerns, and that the Court’s members should be permitted to decide for themselves which of them will serve as Chief Justice.
Civil Rights Injunctions Over Time: A Case Study Of Jail And Prison Court Orders, Margo Schlanger
Civil Rights Injunctions Over Time: A Case Study Of Jail And Prison Court Orders, Margo Schlanger
Margo Schlanger
No abstract provided.
Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman
Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman
Margo Schlanger
No abstract provided.