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In Memoriam: The Honorable Leroy Rountree Hassell, Sr., Hon. Harry L. Carrico

University of Richmond Law Review

Leroy Rountree Hassell, Sr. passed away on February 9, 2011. News of his death devastated those of us associated with him onthe Supreme Court of Virginia. We had lost a dear friend, one always conscious of the needs of his associates and anxious about making sure they were comfortable. Even more, the court lost its peerless leader, and the people of the Commonwealth of Virginialost a dedicated public servant. He will be sorely missed in allcorners of our great state.

Setting The Record Straight On State V. John Ingram Purtle: Reflections On The Great Dissenter, Samuel A. Perroni

University of Arkansas at Little Rock Law Review

No abstract provided.

The Religious Liberty Of Judges, Daniel R. Suhr

William & Mary Bill of Rights Journal

This Article begins by reviewing the government employee line of cases, starting with United Public Workers v. Mitchell in 1947.29 The first section concludes that the modified Pickering balancing test set forth in United States v. National Treasury Employees Union (NTEU) is the appropriate level of scrutiny for judicial conduct rules. The body of this Article reviews ways in which the four canons of the ABA Model Code of Judicial Ethics and official interpretations of and rulings regarding them limit the religious activities of judges. I conclude that numerous applications of the Model Code are unconstitutional infringements on judges’ First …

The Impeachment Of The Judges Of The Nova Scotia Supreme Court, 1787-1793: Colonial Judges, Loyalist Lawyers, And The Colonial Assembly, Jim Phillips

Dalhousie Law Journal

In 1790 the Nova Scotia House of Assembly passed seven "articles of impeachment" against two ofthe colony's Supreme Courtjudges, the firstattempt bya British North American assembly to remove superior courtjudges. Although the impeachment failed when the British government rejected the charges, it is noteworthy nonetheless. The product of a dispute between newly arrived loyalist lawyers and a local elite of "old inhabitants, " it was at one and the same time a political struggle between the Assembly and the executive branch, and one that involved concerns about judicial competence. The impeachment crisis also demonstrates the close links between the judiciary …

Disrobing Judicial Campaign Contributions: A Case For Using The Buckley Framework To Analyze The Constitutionality Of Judicial Solicitation Bans, Aimee Ghosh

American University Law Review

No abstract provided.

Revising Canada's Ethical Rules For Judges Returning To Practice, Stephen Ga Pitel, Will Bortolin

Dalhousie Law Journal

It has recently become more common for retired Canadian judges to return to the practice of law This development raises an array of ethical considerations and potential threats to the integrity of the administration of justice. Although most codes of legal ethics contemplate the possibility of former judges returning to practice, the rules on this particular topic are dated, under-analyzed, and generally inadequate. This article reviews the Canadian ethical rules that specifically relate to former judges and identifies their shortcomings. In doing so, the authors consider, for comparative purposes, Canadian ethical rules directed at former public officers who return to …

Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla

Michigan Journal of Race and Law

Federal Rule of Civil Procedure 8(a) once operated as a notice pleading rule, requiring plaintiffs to set forth only a "short and plain" statement of their claim. In Bell Atlantic Corp. v. Twombly, and then Ashcroft v. Iqbal, the United States Supreme Court recast Rule 8(a) into a plausibility pleading standard. To survive a motion to dismiss, a complaint must contain sufficient factual matter "to state a claim to relief that is plausible on its face." Iqbal requires federal courts, when deciding whether a complaint is plausible, to draw on their "judicial experience and common sense." Courts apply this standard …

Judges Henry J. Friendly And Benjamin Cardozo: A Tale Of Two Precedents, David M. Dorsen

Pace Law Review

No abstract provided.

Judicial Interference With Effective Assistance Of Counsel, Bennett L. Gershman

Pace Law Review

Probably the most damaging external impediment to a lawyer’s ability to render effective assistance to a client may come from the interference by the trial judge in counsel’s advocacy. A judge supervises the conduct of a trial but he is more than a mere umpire or moderator. A trial judge, by his rulings, questions, and comments, has an enormous capacity to affect the merits of a party’s case and thereby influence the verdict of the jury. To be sure, the basic requirement of a trial judge, both legally and ethically, is to be impartial in demeanor as well as in …

Chinese Judicial Culture: From Tradition To Modernity, Shen Deyong

Brigham Young University Journal of Public Law

Text of an address by the Hon. Justice Shen Deyong at the Brigham Young University Law School, October 21, 2009.

Rethinking Judicial Disqualification Based On Campaign Contributions: A Practical Critique Of Post-Caperton Proposals And A Call For Greater Transparency, Ryan M. Mcinerney

Nevada Law Journal

No abstract provided.

Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions, Winfield B. Martin

Seattle University Law Review

For decades prior to 2005, Fifth Amendment regulatory takings jurisprudence languished in a state of confused neglect. Rather than articulating a clearly discernable standard for determining whether a violation of the Takings Clause had occurred, Justices rebuffed government action that seemed to amount to “an out-and-out plan of extortion” and nodded in approval when they deemed the government to have “acted diligently and in good faith” or in furtherance of a “compelling interest.” In trying to parse this imprecise thicket, scholars have characterized the Court’s approach to regulatory takings as a “muddle,” in “disarray,” and “incoherent.” Professor Kent even noted …

Second Annual Golden Gate University School Of Law Chief Justice Ronald M. George Distinguished Lecture: Women Chief Justices

Golden Gate University Law Review

This is a transcript of the lecture held on October 12, 2010. Please see also the Ronald M. George Distinguished Lecture Series.

Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo

Zambia Social Science Journal

In Zambia it is generally agreed on by all stakeholders that the judicial system needs reform to make it more accountable, independent, and able to deliver justice efficiently and effectively. This article discusses judicial reform in the context of the independence of the judiciary. It tries to unpack the term judicial reform. It argues that for the rule of law and constitutionalism to prevail it is crucial that the judiciary is independent and there is separation of powers between the executive and the judiciary, and legislature and the judiciary. For judges to be personally and substantively independent they need security …

The Roberts Court And Freedom Of Speech, Erwin Chemerinsky

Federal Communications Law Journal

This is an edited version of a speech delivered on December 16, 2010 in Washington, D.C., as part of the Federal Communications Bar Association's Distinguished Speaker Series.

This speech was given by Dean Erwin Chemerinsky in December 2010 as part of the FCBA's Distinguished Speaker Series. In the speech, Dean Chemerinsky offers his perspectives on and analysis of the Supreme Court's position on freedom of speech in recent years. He highlights important recent freedom of speech decisions made by the Roberts Court, and gives some projections as to where the court is heading in the years to come, given its …

Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam

BYU Law Review

No abstract provided.

Preliminary Report On Race And Washington's Criminal Justice System, Task Force On Race And The Criminal Justice System

Seattle University Law Review

For this Report, the Research Working Group reviewed evidence on disproportionality in Washington’s criminal justice system and considered whether crime commission rates accounted for this disproportionality. We found that crime commission rates by race and ethnicity are largely unknown and perhaps unknowable, but that some researchers simply take arrest rates as good proxies for underlying commission rates for all crimes.We found that use of arrest rates likely overstates black crime commission rates for several reasons.68 But even if arrest rates are used as a proxy for underlying crime commission rates, the extent of racial disproportionality is not explained by commission …

Actual Versus Perceived Performance Of Judges, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi

Seattle University Law Review

Perceptions of judges ought to be based on their performance. Yet, few studies of the relation between perceived and actual judicial performance exist. Those claiming judicial bias should be especially sensitive to the relation between perception and performance. Judges perceived by the public or by the legal community as disfavoring a group may be regarded as biased, but that perception is unfair if the judges’ votes in cases do not disfavor the group. For example, it may be unfair to accuse an appellate judge of pro-state bias in criminal cases if the judge votes for defendants at a higher rate …

Dead Wrong: Why Washington’S Deadly Weapon Criminal Sentencing Enhancement Needs “Enhancement”, James Harlan Corning

Seattle University Law Review

This Comment confronts the difficult question of how to reformulate the deadly weapon sentencing enhancement to better align it with the policy goals of deterring and punishing armed crime. Part II explores the constitutional and practical defects in each of the three formulations of the sentencing enhancement’s armed requirement by delving into the enhancement’s legislative history and the judicial struggle to interpret it. Part III analyzes the need for a more nuanced approach to the weapon enhancement by exploring key criticisms about the enhancement’s scope and application. Part IV argues that the Washington legislature must provide courts with more rigid …

Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence, Gerald R. Ferrer, Mystica Alexander

Richmond Public Interest Law Review

This paper suggests that judicial opinions often reflect ajudge's position on what is ethical and useful in the real world of constitutional values. It further suggests that an appreciation of legal philosophical theory assists one in understanding the ethical and public policy dimensions of a court's opinion. Do judges' opinions parallel philosophical theories constructed by philosophers or is any apparent relationship mere coincidence? This paper suggests the former-that a judge's belief system, education, and experiences 2 include the adoption of judicial philosophies, the expression of which can be found in his or her written opinions.

Sharing The Spotlight: Co-Authored Reasons On The Modern Supreme Court Of Canada, Peter J. Maccormick

Dalhousie Law Journal

When the Supreme Court of Canada delivers its reasons forjudgment, the normal expectation (the rare "By the Court" decision aside) is that the judgment of the Court-unanimous or majority or even plurality-will be designated as having been delivered by one specific judge. ("The reasons of A, B, C and D were delivered by B.") But in recent decades, the practice has developed for two or more judges to share this formal designation; co-authorships currently account for one judgment (and, for that matter one set of minority reasons) in every ten. This article explores this practice, unusual among comparable national high …

The Real Formalists, The Real Realists, And What They Tell Us About Judicial Decision And Legal Education, Edward Rubin

Michigan Law Review

The periodization of history, like chocolate cake, can have some bad effects on us, but it is hard to resist. We realize, of course, that Julius Caesar didn’t think of himself as “Classical” and Richard the Lionhearted didn’t regard the time in which he lived as the Middle Ages. Placing historical figures in subsequently defined periods separates us from them and impairs our ability to understand them on their own terms. But it is difficult to understand anything about them at all if we try to envision history as continuous and undifferentiated. We need periodization to organize events that are …

But How Will The People Know? Public Opinion As A Meager Influence In Shaping Contemporary Supreme Court Decision Making, Tom Goldstein, Amy Howe

Michigan Law Review

Chief Justice John Roberts famously described the ideal Supreme Court Justice as analogous to a baseball umpire, who simply "applies" the rules, rather than making them. Roberts promised to "remember that it's my job to call balls and strikes and not to pitch or bat." At her own recent confirmation hearings, Elena Kagan demurred, opining that Roberts's metaphor might erroneously suggest that "everything is clear-cut, and that there's no judgment in the process." Based on his 2009 book, The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution, Barry Friedman …

Modeling The Congressional End-Run Constraint, Luke M. Milligan

University of Richmond Law Review

No abstract provided.

Issue 3: Table Of Contents

University of Richmond Law Review

No abstract provided.

What Is A Judicial Author?, Peter Friedman

Mercer Law Review

Martha Woodmansee has pointed out that

the law has yet to be affected by the "critique of authorship" initiated by Foucault and carried forward in the rich variety of post-structuralist research that has characterized literary studies during the last two decades. Indeed, . . . it would seem that as creative production becomes more corporate, collective, and collaborative, the law invokes the Romantic author all the more insistently.

Woodmansee wrote about the conceptions of authorship that legal institutions bring to bear in deciding copyright-related disputes.2 Nevertheless, the law's ignorance of the "critique of authorship" includes a willful ignorance of the …

The Role Of Law Schools In Educating Judges To Increase Access To Justice, Sande L. Buhai, Ved Kumari, Amari Omaka C., Stephen A. Rosenbaum, Supriya Routh, Anne Taylor

Global Business & Development Law Journal

No abstract provided.

Toward An International Rule Of Law, Brandeis Institute For International Judges

Global Business & Development Law Journal

No abstract provided.

Comments On Paul R. Michel's Contributions To Justice, 10 J. Marshall Rev. Intell. Prop. L. 279 (2011), James F. Holderman

UIC Review of Intellectual Property Law

No abstract provided.

Chief Judge Michel's Current And Future Contributions To Improving U.S. Intellectual Property Rights, 10 J. Marshall Rev. Intell. Prop. L. 299 (2011), Herbert C. Wamsley

UIC Review of Intellectual Property Law

No abstract provided.