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Full-Text Articles in Law

The Servant Of All: Humility, Humanity, And Judicial Diversity, Michael Nava Oct 2010

The Servant Of All: Humility, Humanity, And Judicial Diversity, Michael Nava

Golden Gate University Law Review

This article discusses how judicial diversity might increase qualities of humility and humanity on the bench. I close this section with two examples, the first involving two United States Supreme Court justices and the second a judge on the San Francisco Superior Court.


Juristocracy In The Trenches: Problem-Solving Judges And The Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard C. Boldt, Jana B. Singer Sep 2010

Juristocracy In The Trenches: Problem-Solving Judges And The Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard C. Boldt, Jana B. Singer

Richard C. Boldt

This article explores the role of judges on two types of “problem-solving courts”: drug treatment courts and unified family courts. It compares the behavior these “problem-solving” judges to more traditional models of judicial behavior and to activist judging at the appellate level. The authors conclude that the judges who serve on these problem-solving courts have largely repudiated the classical judicial virtues of restraint, disinterest and modesty in favor of a more activist and therapeutic stance. However, the causes and consequences of this role-shift are complex. In particular, the authors suggest that the proliferation of problem solving courts and judges is …


Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna Jun 2010

Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna

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