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Articles 1 - 14 of 14
Full-Text Articles in Law
Florida’S Judicial Ethics Rules: History, Text, And Use, Robert M. Jarvis
Florida’S Judicial Ethics Rules: History, Text, And Use, Robert M. Jarvis
University of Miami Law Review
A handy summary of Florida’s federal and state judicial ethics codes does not exist. As a result, Florida attorneys and judges often must invest considerable time and effort when a question of judicial ethics arises. To assist such queries, this article provides a comprehensive description of both the Florida Code of Judicial Conduct and the Code of Conduct for United States Judges.
Judicial Creativity And Constraint Of Legal Rules: Dueling Cannons Of International Law, Vitalius Tumonis
Judicial Creativity And Constraint Of Legal Rules: Dueling Cannons Of International Law, Vitalius Tumonis
University of Miami International and Comparative Law Review
According to the traditional theory of judicial decision-making, legal rules constrain judicial creativity because they entail an objectively correct legal answer. Therefore, even if judges want to engage in judicial legislation they are nonetheless constrained by legal rules. This article argues that this understanding is flawed. First, the selection effect ensures that most cases that reach international courts revolve around uncertain legal rules. Second, various cannons of construction will usually allow judges to ascertain several equally plausible legal rules; judges are likely to select those rules which favor their preferred outcome of the case; and their preferred outcome will be …
Leaving A Legacy On The Federal Courts, Carl Tobias
Leaving A Legacy On The Federal Courts, Carl Tobias
University of Miami Law Review
No abstract provided.
Erosion Of Democracy, Tyrie A. Boyer
Erosion Of Democracy, Tyrie A. Boyer
University of Miami Law Review
No abstract provided.
Why Reporters Love Judicial Elections, Joel Achenbach
Why Reporters Love Judicial Elections, Joel Achenbach
University of Miami Law Review
No abstract provided.
Judicial Accountability And Independence: Balancing Incompatibles?, Roger Handberg
Judicial Accountability And Independence: Balancing Incompatibles?, Roger Handberg
University of Miami Law Review
No abstract provided.
Ensuring A Diverse Bench: Is Florida Up To The Task?, Deborah Hardin Wagner
Ensuring A Diverse Bench: Is Florida Up To The Task?, Deborah Hardin Wagner
University of Miami Law Review
No abstract provided.
Merit Selection: Current Status, Procedures, And Issues, Jona Goldschmidt
Merit Selection: Current Status, Procedures, And Issues, Jona Goldschmidt
University of Miami Law Review
No abstract provided.
Perspective: The Limits Of Judicial Independence, Owen M. Fiss
Perspective: The Limits Of Judicial Independence, Owen M. Fiss
University of Miami Inter-American Law Review
No abstract provided.
The D.C. Circuit As A National Court, Carl Tobias
The D.C. Circuit As A National Court, Carl Tobias
University of Miami Law Review
No abstract provided.
Sexual Harassment By Judges, Marina Angel
Sexual Harassment By Judges, Marina Angel
University of Miami Law Review
No abstract provided.
The Protection Of Judicial Independence In Latin America, Keith S. Rosenn
The Protection Of Judicial Independence In Latin America, Keith S. Rosenn
University of Miami Inter-American Law Review
No abstract provided.
Using Management Science To Assign Judges To Casetypes, Stuart S. Nagel, Miriam K. Mills
Using Management Science To Assign Judges To Casetypes, Stuart S. Nagel, Miriam K. Mills
University of Miami Law Review
No abstract provided.
The Promise And The Performance Of The Missouri Plan: Judicial Selection In The Fifty States, Henry R. Glick
The Promise And The Performance Of The Missouri Plan: Judicial Selection In The Fifty States, Henry R. Glick
University of Miami Law Review
Attempts to improve the integrity of the judiciary have focused on the proper method of selecting judges. In this article, the author analyzes whether the Missouri Plan has achieved its expected goals: improving the selection process; emphasizing professional qualifications rather than political influence; and promoting superior decision-making by the bench.