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Full-Text Articles in Law
Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law
Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The ‘Ginsburg Rule’ Is Not An Excuse To Avoid Answering The Senate’S Questions, Lori A. Ringhand, Paul M. Collins Jr.
The ‘Ginsburg Rule’ Is Not An Excuse To Avoid Answering The Senate’S Questions, Lori A. Ringhand, Paul M. Collins Jr.
Popular Media
An op-ed by Lori Ringhand and Paul M. Collins Jr. on Supreme Court nominees' unwillingness to provide answers on cases under the wrongly named "Ginsburg Rule." Nominees since the 1930s have balanced the competing needs of the Senate and the Judiciary by claiming a privilege to not opine on currently contested cases while freely offering their opinion about cases that used to be controversial but are no longer.
What Makes A Good Judge?, Brian M. Barry
What Makes A Good Judge?, Brian M. Barry
Reports
This article overviews research demonstrating the factors beyond the law that can affect judicial decision-making.
Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao
Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao
Honors Theses
Judicial review of agency rulemaking sits atop a nexus between all three branches of American government, the legislature, the executive, and the judiciary. Chevron v. NRDC (1984), a landmark case in administrative law, and its resulting doctrine of strong judicial deference to agencies in their interpretations of statute, are paradoxical in their creation. Although Chevron was decided at the height of Reagan-era deregulation, it greatly enhanced the power of administrative agencies, allowing them to reinterpret the meaning of their statutory directives as needed to justify changes to regulations with less scrutiny from the courts. It is only in recent years …
Batson For Judges, Police Officers & Teachers: Lessons In Democracy From The Jury Box, Stacy L. Hawkins
Batson For Judges, Police Officers & Teachers: Lessons In Democracy From The Jury Box, Stacy L. Hawkins
Michigan Journal of Race and Law
In our representative democracy we guarantee equal participation for all, but we fall short of this promise in so many domains of our civic life. From the schoolhouse, to the jailhouse, to the courthouse, racial minorities are underrepresented among key public decision-makers, such as judges, police officers, and teachers. This gap between our aspirations for representative democracy and the reality that our judges, police officers, and teachers are often woefully under-representative of the racially diverse communities they serve leaves many citizens of color wanting for the democratic guarantee of equal participation. This critical failure of our democracy threatens to undermine …
Vulnerability, Access To Justice, And The Fragmented State, Elizabeth L. Macdowell
Vulnerability, Access To Justice, And The Fragmented State, Elizabeth L. Macdowell
Michigan Journal of Race and Law
This Article builds on theories of the fragmented state and of human and institutional vulnerability to create a new, structural theory of “functional fragmentation” and its role in access to justice work. Expanding on previous concepts of fragmentation in access to justice scholarship, fragmentation is understood in the Article as a complex phenomenon existing within as well as between state institutions like courts. Further, it is examined in terms of its relationship to the state’s coercive power over poor people in legal systems. In this view, fragmentation in state operations creates not only challenges for access, but also opportunities for …
What Are The Judiciary’S Politics?, Michael W. Mcconnell
What Are The Judiciary’S Politics?, Michael W. Mcconnell
Pepperdine Law Review
What are the politics of the federal judiciary, to the extent that the federal judiciary has politics? Whose interests do federal judges represent? This Essay puts forward five different kinds of politics that characterize the federal judiciary. First, the federal judiciary represents the educated elite. Second, the federal judiciary represents past political majorities. Third, the federal judiciary is more politically balanced than the legislative or executive branches. Fourth, the federal judiciary is organized by regions, and between those regions there is significant diversity. Fifth, to the extent that the judiciary leans one way or the other, it leans toward the …
The Right To An Independent Judiciary And The Avoidance Of Constitutional Conflict: The Burger Court’S Flawed Reasoning In Chandler V. Judicial Council Of The Tenth Circuit And Its Unfortunate Legacy, Joshua E. Kastenberg
St. Mary's Journal on Legal Malpractice & Ethics
In 1970, the United States Supreme Court issued Chandler v. Judicial Council of the Tenth Circuit in which five Justices determined that the federal courts of appeals possessed an administrative authority to manage the district court judges within an appellate court’s respective circuit. The decision enabled the Tenth Circuit to decide the fitness of a judge to preside over cases without a formal motion from a litigant. Although Congress had enabled the courts of appeals to oversee basic judicial functions (such as temporarily assigning district court judges to overworked districts), Congress did not intend to grant the power to remove …
Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias
Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias
Law Faculty Publications
President Donald Trump incessantly brags that American citizens selected him to “Make the Judiciary Great Again” and constantly reminds the public that the huge number of federal jurists whom Trump has appointed will be deciding cases decades after his tenure is over. Trump has rapidly submitted many circuit and district court candidates, but not one of his 123 nominees has been openly lesbian, gay, bisexual, transgender or queer (LGBTQ). The White House has also instituted endeavors, specifically regarding transgender people, which seem discriminatory. Indeed, a third of the judicial nominees whom the President has appointed have compiled anti-LGBTQ records. Because …
Introduction: Canada's Chief Justice: Beverley Mclachlin's Legacy Of Law And Leadership, Marcus Moore
Introduction: Canada's Chief Justice: Beverley Mclachlin's Legacy Of Law And Leadership, Marcus Moore
All Faculty Publications
Summarizes the legacy of law and leadership of Beverley McLachlin, the longest-serving Chief Justice of the Supreme Court of Canada (2000-2017), and first female Chief Justice.