Law Commons^™

Judging Well, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

Can judges interpret the law in a manner that is objectively verifiable, or do judges necessarily – even if unconsciously – inject their own predispositions and biases into their decisions? It is difficult to decide whether such a question is frivolous in the post-Realist age, or whether it is the is the single most important question that we can ask about our legal system. I endorse both responses. The question, as phrased, is both vitally important and unanswerable on its own terms. Rather than seeking an elusive objective standard by which to measure the correctness of “a judgment,” I argue …

Brock Turner: Sorting Through The Noise, Michael Vitiello

McGeorge School of Law Scholarly Articles

PART I. THE MEDIA’S ROLE ............................................................................... 634

A. Six Months for Rape? ............................................................................ 634

B. Okay, But Sixth Months for Sexual Assault? ......................................... 638

C. But Vitiello, You are Cherry-Picking the Facts ..................................... 643

D. But Judge Persky Showed Bias, Racial or Otherwise ........................... 646

PART II: TAKING THE WRONG PATH TOWARDS RECALL ................................... 649

A. Existing Checks on Judicial Misconduct ............................................... 650

B. What’s Not to Like About Recall? ......................................................... 652

III. CONCLUDING THOUGHTS ............................................................................. 659

Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine

McGeorge School of Law Scholarly Articles

No abstract provided.

The Property Jurisprudence Of Justice Kennedy, John G. Sprankling

McGeorge School of Law Scholarly Articles

No abstract provided.

California Judicial Council's "Commission For Impartial Courts", Ronald B. Robie, Richard Fybel, Mary-Beth Moylan

McGeorge School of Law Scholarly Articles

No abstract provided.

The Role Of Judicial Independence, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.

Sandra Day O'Connor: A Justice Who Has Made A Difference In Constitutional Law, Charles D. Kelso, R. Randall Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.

How Imperial Is The Supreme Court? An Analysis Of Supreme Court Abortion Doctrine And Popular Will, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Article Iii Judges And The Initiative Process: Are Article Iii Judges Hopelessly Elitist?, Michael Vitiello, Andrew J. Glendon

McGeorge School of Law Scholarly Articles

No abstract provided.

A Tribute To Retiring Chief Justice Malcolm M. Lucas, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.

Justice O'Connor Replaces Justice Stewart: What Effect On Constitutional Cases?, Charles D. Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.