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Articles 1 - 30 of 88
Full-Text Articles in Law
Newsroom: Yelnosky On Diversifying State Judiciary, Roger Williams University School Of Law
Newsroom: Yelnosky On Diversifying State Judiciary, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law
Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes A Huge Success!, Brittani Mulholland
Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes A Huge Success!, Brittani Mulholland
Law School Blogs
No abstract provided.
Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent
Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent
All Faculty Scholarship
ABSTRACT
The Illinois Appellate Court in Draper & Kramer v. King reversed a court ordered eviction on the ground that the tenant likely did not appreciate that she had agreed in a settlement to vacate her residence in addition to paying arrears on rent. In the chaotic environment of eviction court proceedings, tenants too often pledge paying back rent without realizing that, at the same time, they have agreed to be evicted and that the court ordered eviction will follow them for the rest of their lives. In Chicago, at least, the potential for confusion is enhanced because the agreed …
2015 Esther Clark Moot Court Competition: Finals, Roger Williams University School Of Law
2015 Esther Clark Moot Court Competition: Finals, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Trending @ Rwulaw: Judge William E. Smith's Post: Rwu Law & The Federal Courts: A Unique Partnership, William E. Smith
Trending @ Rwulaw: Judge William E. Smith's Post: Rwu Law & The Federal Courts: A Unique Partnership, William E. Smith
Law School Blogs
No abstract provided.
A First Look At The Proposed 'Fraudulent Joinder Prevention Act Of 2015', Arthur D. Hellman
A First Look At The Proposed 'Fraudulent Joinder Prevention Act Of 2015', Arthur D. Hellman
Testimony
Almost half a century ago, the American Law Institute observed, “The most marked abuse has been joinder of a party of the same citizenship as plaintiff in order to defeat removal on the basis of diversity jurisdiction. Such tactics have led to much litigation, largely futile, on the question of fraudulent joinder.” Over the last half century, the volume of litigation on this question has only increased. In response, Congress is now actively considering legislation to address the problem of fraudulent joinder.
The bill is H.R. 3624, the “Fraudulent Joinder Prevention Act of 2015” (FJPA). The FJPA seeks to prevent …
Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire
Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire
Faculty Scholarship
This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school …
Newsroom: Waters '98 On Tempest Verdict Reversal, Roger Williams University School Of Law
Newsroom: Waters '98 On Tempest Verdict Reversal, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Strategic Behavior And Variation In The Supreme Court’S Caseload Over Time, Kenneth W. Moffett, Forrest Maltzman, Karen Miranda, Charles R. Shipan
Strategic Behavior And Variation In The Supreme Court’S Caseload Over Time, Kenneth W. Moffett, Forrest Maltzman, Karen Miranda, Charles R. Shipan
SIUE Faculty Research, Scholarship, and Creative Activity
Over the past sixty years, the size of the Supreme Court’s docket has varied tremendously, growing at some points in time and shrinking at others. What accounts for this variation in the size of the docket? We focus on two key strategic factors – the predictability of outcomes within the Court, and whether justices consider the potential actions of other political institutions – and assess whether these factors help to explain the variation in docket size over time. We discover that uncertainty and institutional constraints prevent the Court from choosing cases with complete freedom, even after accounting for other potential …
Sanders V. Sears-Page, 131 Nev. Adv. Op. 50, Scott Lundy
Sanders V. Sears-Page, 131 Nev. Adv. Op. 50, Scott Lundy
Nevada Supreme Court Summaries
The Court held that the district court erred in deciding not to strike an empaneled juror whose background implied bias, but who promised he could remain impartial. Moreover, the Court held the district court erred in allowing challenges for cause while the juror was present, and by allowing newly discovered evidence to be entered into evidence on the final day of trial.
Newsroom: Lawyers Under The Nazis, Roger Williams University School Of Law
Newsroom: Lawyers Under The Nazis, Roger Williams University School Of Law
Life of the Law School (1993- )
Available @ http://law.rwu.edu/story/lawyers-under-nazis
Newsroom: Logan On Justice Scalia's Vitriol, Roger Williams University School Of Law
Newsroom: Logan On Justice Scalia's Vitriol, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Hughes Court Docket Books: The Early Terms, 1929-1933, Barry Cushman
The Hughes Court Docket Books: The Early Terms, 1929-1933, Barry Cushman
Journal Articles
For many years, the docket books kept by a number of the Hughes Court Justices have been held by the Office of the Curator of the Supreme Court. Yet the existence of these docket books was not widely known, and access to them was highly restricted. In April of 2014, however, the Court adopted new guidelines designed to increase access to the docket books for researchers. This article offers a report and analysis based on a review of all of the docket books that the Curator’s Office holds for the early Hughes Court, comprising the 1929-1933 Terms. Only one of …
Trending@Rwu Law: Professor David Logan's Post: Diversity In The Rhode Island Judiciary, David A. Logan
Trending@Rwu Law: Professor David Logan's Post: Diversity In The Rhode Island Judiciary, David A. Logan
Law School Blogs
No abstract provided.
Dirks And The Genesis Of Personal Benefit, Adam C. Pritchard
Dirks And The Genesis Of Personal Benefit, Adam C. Pritchard
Articles
In United States v. Newman, the Second Circuit overturned the insider trading convictions of two hedge fund managers who received material nonpublic information from public companies via an extended tipping chain. The Newman court interpreted the Supreme Court's decision in Dirks v. SEC as requiring that the government prove: (1) that the tippee knew that the tipper was disclosing the information in exchange for a personal benefit; and (2) that if the personal benefit does not involve a quid pro quo to the tipper, that the disclosure arise from a "meaningfully close personal relationship" with the recipient of the …
Newsroom: Logan On Judicial Diversity, Roger Williams University School Of Law
Newsroom: Logan On Judicial Diversity, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Horwitz On Closed Courtroom Debate, Roger Williams University School Of Law
Newsroom: Horwitz On Closed Courtroom Debate, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Supreme Court Institute Annual Report, 2014-2015, Georgetown University Law Center, Supreme Court Institute
Supreme Court Institute Annual Report, 2014-2015, Georgetown University Law Center, Supreme Court Institute
SCI Papers & Reports
During the 2014-2015 academic year-–corresponding to the U.S. Supreme Court’s October Term (OT) 2014-–the Supreme Court Institute (SCI) provided moot courts for advocates in 100% of the cases heard by the Supreme Court, offered a variety of programs related to the Supreme Court, and continued to integrate the moot court program into the education of Georgetown Law students. A list of all SCI moot courts held in OT 2014-–arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of observers-–follows the narrative portion of this report.
Judicial Activism’S Effect On Judicial Elections, Nick Fernandes
Judicial Activism’S Effect On Judicial Elections, Nick Fernandes
Student Scholar Symposium Abstracts and Posters
High profile Supreme Court cases have become increasingly commonplace, particularly with the Citizens United court decision granting unprecedented rights to corporations. Many in the media have decried these as examples of increasing “judicial activism”. This trend has trickled down to the state supreme courts as justices have increasingly played a more active role in developing policy. Gay marriage has become legalized in numerous states due to this trend. While public sentiment is unlikely to affect the appointed Supreme Court, it could have a substantial impact on state judicial elections.
This paper will specifically be looking at judicial elections in Kentucky. …
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Political Science Honors Projects
The judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctioned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policymaking.
Newsroom: Groundbreaking Jurist To Keynote Commencement '15, Roger Williams University School Of Law
Newsroom: Groundbreaking Jurist To Keynote Commencement '15, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: A Closer Look At Mass Incarceration, Roger Williams University School Of Law
Newsroom: A Closer Look At Mass Incarceration, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
A Past And Future Of Judicial Elections: The Case Of Montana, Anthony Johnstone
A Past And Future Of Judicial Elections: The Case Of Montana, Anthony Johnstone
Faculty Law Review Articles
This article searches for lessons from Montana’s experience for the future of American judicial elections. Part II considers the origin of judicial elections and history of reforms in Montana, which is marked both by substantial worries about outside political intervention in state courts and by several innovative responses to it. Part III reviews the practice established by Montana’s reformed model of judicial selection over the past four decades. Part IV examines the Montana Supreme Court’s engagement with Citizens United, followed by a close analysis of an election held in its aftermath: the hardfought 2014 campaign between incumbent Justice Mike Wheat …
Can Judges Make Reliable Numeric Judgments? Distorted Damages And Skewed Sentences, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Can Judges Make Reliable Numeric Judgments? Distorted Damages And Skewed Sentences, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Cornell Law Faculty Publications
In a series of studies involving over six hundred trial judges in three countries, we demonstrate that trial judges' civil damage awards and criminal sentences are subject to influences that make them erratic. We found that the presence of misleading numeric reference points (or "anchors") affected judges' decisions in a series of hypothetical cases. Specifically, judges imposed shorter sentences when assigning sentences in months rather than in years; awarded higher amounts of compensatory damages when informed of a cap on damage awards; imposed different sentences depending upon the sequence in which criminal cases were presented to them; and were influenced …
A Friendly Amendment, Larry Yackle
A Friendly Amendment, Larry Yackle
Faculty Scholarship
Heather Gerken comes to praise Justice Kennedy’s opinion for the Supreme Court in United States v. Windsor. 1 I come to praise Gerken’s valiant effort to recast the Windsor opinion along more convincing lines.2 Gerken does not propose a wholesale substitute for Justice Kennedy’s analysis. She suggests a shift in emphasis that lends Kennedy’s explanation for condemning DOMA a surprising jurisprudential significance. Where some us have seen yet another lamentable paean to the sovereignty of the states, Gerken detects the faint hint of the “nationalist” school of federalism that she and others have nurtured in recent years.3 Gerken does not …
In Search Of The Real Roberts Court, Stephen Wermiel
In Search Of The Real Roberts Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Judicial Selection In Congress' Lame Duck Session, Carl W. Tobias
Judicial Selection In Congress' Lame Duck Session, Carl W. Tobias
Law Faculty Publications
This Article first scrutinizes the Obama Administration confirmation and nomination processes. It then critically explores selection and concludes that Republican obstruction instigated the most open positions the longest time. Because this deficiency undermines swift, economical, and fair case resolution, the Article suggests ideas to promptly decrease the remaining unoccupied judgeships after the session commences.
When Judges Have Reasons Not To Give Reasons - A Comparative Law Approach, Mathilde Cohen
When Judges Have Reasons Not To Give Reasons - A Comparative Law Approach, Mathilde Cohen
Faculty Articles and Papers
Influential theories of law have celebrated judicial reasongiving as furthering a host of democratic values, including judges' accountability, citizens'participation in adjudication, and a more accurate and transparent decision-making process. This Article has two main purposes. First, it argues that although reasongiving is important, it is often in tension with other values of the judicial process, such as guidance, sincerity, and efficiency. Reason-giving must, therefore, be balanced against these competing values. In other words, judges sometimes have reasons not to give reasons. Second, contrary to common intuition, common law and civil law systems deal with this tension between reasons for and …
Public Interest Lawyering & Judicial Politics: Four Cases Worth A Second Look In Williams-Yulee V. The Florida Bar, Ruthann Robson
Public Interest Lawyering & Judicial Politics: Four Cases Worth A Second Look In Williams-Yulee V. The Florida Bar, Ruthann Robson
Publications and Research
This "First Look" Essay argues that the Court should consider public interest lawyering when it decides a First Amendment challenge to the Canon prohibiting judicial candidates from soliciting money in Williams-Yulee v. The Florida Bar. It suggests that four cases are worth a "second look": Republican Party of Minnesota v. White (2002); Caperton v. A.T. Massey Coal Co. (2009); Shelley v. Kraemer (1948); and a Florida Supreme Court case involving discipline of a judge, In re Hawkins.