Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Duke Law (4)
- University of Missouri School of Law (3)
- Cornell University Law School (2)
- Fordham Law School (2)
- Georgetown University Law Center (2)
-
- New York Law School (2)
- University of Colorado Law School (2)
- University of Michigan Law School (2)
- University of Pennsylvania Carey Law School (2)
- Vanderbilt University Law School (2)
- Boston University School of Law (1)
- Chapman University (1)
- Florida International University College of Law (1)
- Golden Gate University School of Law (1)
- Maurer School of Law: Indiana University (1)
- Mississippi College School of Law (1)
- Pace University (1)
- University at Buffalo School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Baltimore Law (1)
- University of Connecticut (1)
- University of Denver (1)
- University of Massachusetts School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of New Orleans (1)
- University of the Pacific (1)
- Valparaiso University (1)
- Washington and Lee University School of Law (1)
- Wayne State University (1)
- William & Mary Law School (1)
- Keyword
-
- Judges (8)
- Constitutional law (3)
- Courts (3)
- United States Supreme Court (3)
- ABA Model Code of Judicial Conduct (2)
-
- Biography (2)
- Book review (2)
- Bush v. Gore (2)
- Fairness (2)
- In memory (2)
- Judging (2)
- Judicial independence (2)
- Judicial opinions (2)
- Judicial process (2)
- Judicial review (2)
- Judiciary (2)
- New York Law School (2)
- Roger J Miner (2)
- A Critique of Adjudication: Fin de Siècle (1)
- Adjudication (1)
- Adjudications (1)
- American colonization society (1)
- Attorney-magistrates (1)
- Attorneys general (1)
- Bill of Rights (1)
- Brain research (1)
- Civil procedure (1)
- Clinic students (1)
- Cognitive illusions (1)
- Cognitive science (1)
- Publication
-
- Faculty Scholarship (8)
- Faculty Publications (5)
- All Faculty Scholarship (3)
- Articles (2)
- Cornell Law Faculty Publications (2)
-
- Journal Articles (2)
- Publications (2)
- Vanderbilt Law School Faculty Publications (2)
- Articles About GGU Law (1)
- Articles by Maurer Faculty (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles and Papers (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law Faculty Articles and Research (1)
- Law Faculty Publications (1)
- Law Faculty Research Publications (1)
- McGeorge School of Law Scholarly Articles (1)
- Scholarly Articles (1)
- Scholarly Works (1)
- Scrapbooks (1)
- Sturm College of Law: Faculty Scholarship (1)
- Supreme Court Preview (1)
- Survey Research Center Publications (1)
- Testimony Before Congress (1)
- Tributes & Testimonials (1)
Articles 1 - 30 of 43
Full-Text Articles in Law
Evaluating The Judges In Baton Rouge, Susan E. Howell
Evaluating The Judges In Baton Rouge, Susan E. Howell
Survey Research Center Publications
The Baton Rouge Bar Association seeks to provide the public, lawyers, and the judges with some sort of evaluation of the judges in the Baton Rouge area. Since it is difficult for the public to obtain information on judges, the Bar Association relied on its own members and the members of the Louis Martinet Society to evaluate all judges, including city, state, and federal courts. Hopefully, the results will be useful to the public, the lawyers, and especially to the judges. Most judges can take satisfaction in the high regard with which they are held by the hundreds of lawyers …
Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman
Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The basis for these comments is a decision last year by the Eighth Circuit Court of Appeals in Anastasoff v. United States. The court held that an Eighth Circuit local rule, which authorized nonpublication of opinions and explicitly stated that unpublished opinions were to have no precedential effect, was unconstitutional. The panel, in an opinion by Judge Richard S. Arnold, reasoned that a court rule purporting to confer upon appellate judges an absolute power to decide which decisions would be binding and which would not be binding went well beyond the “judicial power” within the meaning of Article III of …
Section 2: Direction Of The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Direction Of The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Judicial Nomination And Confirmation Process: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Sept. 4, 2001 (Statement Of Mark V. Tushnet, Prof. Of Law, Geo. U. L. Center), Mark V. Tushnet
Testimony Before Congress
No abstract provided.
Picking Federal Judges: A Note On Policy And Partisan Selection Agendas, Micheal W. Giles, Virginia A. Hettinger, Todd C. Peppers
Picking Federal Judges: A Note On Policy And Partisan Selection Agendas, Micheal W. Giles, Virginia A. Hettinger, Todd C. Peppers
Scholarly Articles
The importance of lower federal courts in the policymaking process has stimulated extensive research programs focused on the process of selecting the judges of these courts and the factors influencing their decisions. The present study employs judicial decisionmaking in the U.S. Courts of Appeals as a window through which to reexamine the politics of selection to the lower courts. It differs from previous studies of selection in three ways. First, it takes advantage of recent innovations in measurement to go beyond reliance on political party as a measure of the preferences of actors in the selection process. Second, employing these …
Book Review: The Business Of Judging, S. I. Strong
Book Review: The Business Of Judging, S. I. Strong
Faculty Publications
Lord Bingham of Cornhill is no stranger to the business of judging. Senior Lord of Appeal in Ordinary, former Lord Chief Justice of England, former Master of the Rolls, he has been sitting on the bench in one capacity or another for the last twenty years - twenty-five if one counts his tenure as a recorder. Although he began his career at the bar in 1959 as a commercial and civil lawyer, his appointment in 1996 as Lord Chief Justice placed him at the apex of the criminal justice system. In becoming senior Law Lord, Lord Bingham has expanded his …
Inside The Judicial Mind, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Inside The Judicial Mind, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Cornell Law Faculty Publications
The quality of the judicial system depends upon the quality of decisions that judges make. Even the most talented and dedicated judges surely commit occasional mistakes, but the public understandably expects judges to avoid systematic errors. This expectation, however, might be unrealistic. Psychologists who study human judgment and choice have learned that people frequently fall prey to cognitive illusions that produce systematic errors in judgment. Even though judges are experienced, well-trained, and highly motivated decision makers, they might be vulnerable to cognitive illusions. We report the results of an empirical study designed to determine whether five common cognitive illusions (anchoring, …
Judge Baxter's Appeal, Melissa Stein
The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro
The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro
All Faculty Scholarship
Alexander Hamilton referred to the judiciary as “the least dangerous branch” because it could neither make nor enforce the law without help from the other two branches of government. In the years since then, however, courts and judges in the United States have assumed a much more prominent role in society. American judges preside over criminal trials and sentence those convicted, decide all kinds of civil disputes, both large and small, and make important decisions involving families, such as child custody. They have also become the primary guarantors of the civil and constitutional rights of American citizens.
The case of …
Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Wa Mutua
Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Wa Mutua
Journal Articles
The piece examines the tortured history of the judiciary in Kenya and concludes that various governments have deliberately robbed judges of judicial independence. As such, the judiciary has become part and parcel of the culture of impunity and corruption. This was particularly under the one party state, although nothing really changed with the introduction of a more open political system. The article argues that judicial subservience is one of the major reasons that state despotism continues to go unchallenged. It concludes by underlining the critical role that the judiciary has to play in a democratic polity.
Remarks Delivered By Videotape For Ceremonies Celebrating Howard Munson's 25th Year As A Federal Judge, Roger J. Miner '56
Remarks Delivered By Videotape For Ceremonies Celebrating Howard Munson's 25th Year As A Federal Judge, Roger J. Miner '56
Tributes & Testimonials
No abstract provided.
Book #23, Roger J. Miner '56
Sandra Day O'Connor: A Justice Who Has Made A Difference In Constitutional Law, Charles D. Kelso, R. Randall Kelso
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.
Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier
Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The practice of unpublished decisions and their precedential value causes much controversy. The practice of unpublished opinions creates a solution for how to deal effectively with heavy caseloads. Electronic databases make unpublished decisions readily available, which removes any secrecy that critics fear. Unpublished opinions are treated in one of three ways by the courts. In addition, three pragmatic issues are created by allowing opinions to go unpublished: 1) the availability of these decisions, 2) the quality of the reasoning in unpublished decisions, and 3) the treatment of unpublished opinions as precedent.
A Judge For All Seasons, R. Kent Newmyer
A Judge For All Seasons, R. Kent Newmyer
Faculty Articles and Papers
No abstract provided.
Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, Frances Howell Rudko
Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, Frances Howell Rudko
Faculty Publications
Marshall thought that the solution to emancipation and the end to slavery were to be nationally funded. He considered slavery a national problem, not a state problem, as most of his fellow Virginians insisted. In this he differed from most southerners who argued that slave matters were state matters and that the nation could involve itself in the institution of slavery only by strictly adhering to the role assigned to it by the Constitution under the three fifths clause and the fugitive slave clause.
Remembering Judge Hugh R. Jones, Douglas E. Abrams, Mary Lou Crowley
Remembering Judge Hugh R. Jones, Douglas E. Abrams, Mary Lou Crowley
Faculty Publications
Remembering Judge Huge R. Jones
Judicial Comments On Pending Cases: The Ethical Restrictions And The Sanctions – A Case Study Of The Microsoft Litigation, Ronald D. Rotunda
Judicial Comments On Pending Cases: The Ethical Restrictions And The Sanctions – A Case Study Of The Microsoft Litigation, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
A Government Of Laws And Also Of Men: Judge William K. Thomas, R. Lawrence Dessem
A Government Of Laws And Also Of Men: Judge William K. Thomas, R. Lawrence Dessem
Faculty Publications
Judge William K. Thomas served for more than forty years as a common pleas judge and as a judge for the United States District Court for the Northern District of Ohio. During his service on the state and federal bench, Judge Thomas epitomized the qualities of fairness, integrity, justice, and compassion that we expect in our judiciary. This article highlights some of the qualities that made Judge Thomas a truly great judge, as well as some of the highlights of his judicial career. It is written as a memorial tribute by one of his former law clerks.
The Ermine And Woolsack: Disciplinary Proceedings Involving Judges, Attorney-Magistrates, And Other Judicial Figures, David R. Cleveland, Jason Masimore
The Ermine And Woolsack: Disciplinary Proceedings Involving Judges, Attorney-Magistrates, And Other Judicial Figures, David R. Cleveland, Jason Masimore
Law Faculty Publications
No abstract provided.
A Pragmatic Justification Of The Judicial Hunch, Mark C. Modak-Truran
A Pragmatic Justification Of The Judicial Hunch, Mark C. Modak-Truran
Journal Articles
Judges currently face a daunting task. On the one hand, they are increasingly aware of the indeterminacy of the law, while on the other hand, they face an explosion of fact. Judges are floating on shaky legal timbers in a sea of documents, deposition transcripts, affidavits, oral courtroom testimony, and expert opinions. The explosion of fact alone presents monumental problems for deciding cases without unduly simplifying or reducing this factual complexity. For example, both federal and state judges are implementing case management systems to deal with their crushing case loads and the increasing complexity of their cases. In addition, there …
The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel
The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Designated Diffidence: District Court Judges On The Courts Of Appeals Papers Of General Interest, James J. Brudney, Corey Distlear
Designated Diffidence: District Court Judges On The Courts Of Appeals Papers Of General Interest, James J. Brudney, Corey Distlear
Faculty Scholarship
Since 1980, District CourtJudges, designated pursuant to federal statute, have helped decide over 75,000 court of appeals cases-nearly one of every five merits decisions. Although scholars and judges have warned that the presence of these visitors on appellate panels may undermine consistency, legitimacy, or collegiality, little empirical evidence exists related to such concerns. Working with an especially complete data set of labor law opinions, the authors found that district court visitors perform in a much more diffident fashion than their appellate colleagues. They contribute notably fewer majority opinions and dissents. In addition, their participations do not reflect their professional or …
Reconstructing The Rule Of Law, Robin West
Reconstructing The Rule Of Law, Robin West
Georgetown Law Faculty Publications and Other Works
The action taken in Bush v. Gore by the five conservative Justices on the United States Supreme Court, Bugliosi argued, was not just wrong as a matter of law, but criminal: It was a malem in se, fully intended, premeditated theft of a national election for the Presidency of the United States. Now, as Balkan and Levinson would argue, this seventh, "prosecutorial" response -- that the Court's action was not just wrong but criminal -- is also not available to a devotee of either radical or moderate indeterminacy. Even assuming both criminal intent and severe harm-a wrongful, specific intent to …
The Impact Of Science On Legal Decisions: What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner
The Impact Of Science On Legal Decisions: What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
Scholarly Works
This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.
Trying To Make Peace With Bush V. Gore (Symposium: Bush V. Gore Issue 2001), Richard D. Friedman
Trying To Make Peace With Bush V. Gore (Symposium: Bush V. Gore Issue 2001), Richard D. Friedman
Articles
The Supreme Court's decision in Bush v. Gore, shutting down the recounts of Florida's vote in the 2000 presidential election and effectively awarding the election to George W. Bush, has struck many observers, including myself, as outrageous.' Decisions of the Supreme Court should be more than mere reflections of ideological or partisan preference thinly camouflaged behind legalistic language. It would therefore be pleasant to be able to believe that they are more than that. Accordingly, Judge Richard Posner's analysis,2 in which he defends the result reached by the Court-though not the path by which it got there-is particularly welcome. Though …
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Articles
When I was first introduced to the constitutional regulation of criminal procedure in the mid-1950s, a single issue dominated the field: To what extent did the due process clause of the Fourteenth Amendment impose upon states the same constitutional restraints that the Fourth, Fifth, Sixth and Eighth Amendments imposed upon the federal government? While those Bill of Rights provisions, as even then construed, imposed a broad range of constitutional restraints upon the federal criminal justice system, the federal system was (and still is) minuscule as compared to the combined systems of the fifty states. With the Bill of Rights provisions …
A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook
A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook
Law Faculty Research Publications
No abstract provided.
Inside The Judicial Mind, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Inside The Judicial Mind, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Vanderbilt Law School Faculty Publications
The quality of the judicial system depends upon the quality of decisions that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public understandably expects judges to avoid systematic errors. This expectation, however, might be unrealistic. Psychologists who study human judgment and choice have learned that people frequently fall prey to cognitive illusions that produce systematic errors in judgment. Even though judges are experienced, well-trained, and highly motivated decision makers, they might be vulnerable to cognitive illusions. We report the results of an empirical study designed to determine whether five common cognitive illusions (anchoring, …