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Full-Text Articles in Law
Electing Our Judges And Judicial Independence: The Supreme Court's "Triple Whammy", Martin H. Belsky
Electing Our Judges And Judicial Independence: The Supreme Court's "Triple Whammy", Martin H. Belsky
ConLawNOW
In this article, Martin Belsky makes the case for judicial selection based on merit, as opposed to popular elections. Belsky cites Caperton v. A.T. Massey Coal Company and the recent defeat of three Iowa supreme court justices because of their opinion in a controversial gay marriage case for the proposition that judicial elections can, and do, yield unjust results. Belsky asserts the need for judicial independence, but concludes that this goal is not achievable through elections because of the “triple whammy” of constitutional limitations: (1) the First Amendment protection of the right of judges and judicial candidates to give specific, …
The Semi-Retirement Of Senior Supreme Court Justices: Examining Their Service On The Courts Of Appeals, Jon A. Gryskiewicz
The Semi-Retirement Of Senior Supreme Court Justices: Examining Their Service On The Courts Of Appeals, Jon A. Gryskiewicz
Seton Hall Circuit Review
No abstract provided.
Book Review: Much Ado About Nothing: The Brethren: Inside The Supreme Court, Richard L. Aynes
Book Review: Much Ado About Nothing: The Brethren: Inside The Supreme Court, Richard L. Aynes
Akron Law Review
With such auspicious beginnings, The Brethren would appear to be a vital and important book which should be included upon the "required" reading list of those who wish to keep abreast of developments involving the Court and the evolution of constitutional law. Unfortunately, for anyone familiar with the decisions of the Court, the high expectations raised by The Brethren will not be met. Even when viewed in the most charitable light, the "insights" into the decision-making process to be gained from The Brethren are slight.2
Clouds In The Crystal Ball: Presidential Expectations And The Unpredictable Behavior Of Supreme Court Appointees, Christopher E. Smith, Kimberly A. Beuger
Clouds In The Crystal Ball: Presidential Expectations And The Unpredictable Behavior Of Supreme Court Appointees, Christopher E. Smith, Kimberly A. Beuger
Akron Law Review
This article will analyze the pitfalls that presidents face in hoping that their nominees' judicial performance will comport with presidential expectations.
A Triumphant Day In Pace Law School’S History: Justice Sonia Sotomayor’S November 12, 2012 Visit To Our Campus, Emily Gold Waldman
A Triumphant Day In Pace Law School’S History: Justice Sonia Sotomayor’S November 12, 2012 Visit To Our Campus, Emily Gold Waldman
Pace Law Review
“Read through and then we can discuss. Don’t forward to anyone,” stated a March 2012 e-mail from Dean Emeritus Michelle Simon to me. The e-mail’s subject line was unremarkable – “FW: Your Pace Visit” – but its actual subject was anything but: Associate Supreme Court Justice Sonia Sotomayor had officially agreed to visit Pace Law School. It was time for intensive planning to begin. The fruition of that planning – Justice Sotomayor’s full-day visit to our campus on November 12, 2012, the first-ever visit of a Supreme Court Justice to Pace Law School – was a wonderful highlight of Michelle’s …
A Proposal For Improving Argument Before The United States Supreme Court, Louis J. Sirico Jr.
A Proposal For Improving Argument Before The United States Supreme Court, Louis J. Sirico Jr.
Pepperdine Law Review
This Article offers a simple solution for reducing the overload of questions at oral argument. Justices, individually or collectively, could pose written questions on facts and law to the litigants' counsel before oral argument and expect written responses. The submitted questions might inquire about the facts of the case, about the litigant's interpretation of the relevant law, about the response that the litigant would make to a hypothetical scenario, or about the precise holding that the litigant wishes the Court to propound. The responses should allow for more thought-out answers than oral argument can produce and might both reduce the …
The Collapse Of The House That Ruth Built: The Impact Of The Feeder System On Female Judges And The Federal Judiciary, 1970-2014, Alexandra G. Hess
The Collapse Of The House That Ruth Built: The Impact Of The Feeder System On Female Judges And The Federal Judiciary, 1970-2014, Alexandra G. Hess
American University Journal of Gender, Social Policy & the Law
No abstract provided.