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Full-Text Articles in Law

The Play’S The Thing: A Response To Judge Benjamin Beaton, Aaron J. Walayat Mar 2024

The Play’S The Thing: A Response To Judge Benjamin Beaton, Aaron J. Walayat

Pepperdine Law Review

In a recent speech, later published as an essay, the Hon. Benjamin Beaton of the United States District Court for the Western District of Kentucky shared his critical suggestions against the use of the honorific “Your Honor,” preferring instead the more neutral title “judge.” Judge Beaton’s reason for this preference stems from a fear that the current practice of judicial titles emphasizes status over function, which may inflate the individual judge’s ego while miscommunicating to the public that judges make, rather than find, law. This position, however, is misguided. Judicial titles emphasize the authority of the law through the authority …


Filling The Illinois Federal District Court Vacancies, Carl Tobias Jan 2020

Filling The Illinois Federal District Court Vacancies, Carl Tobias

Pepperdine Law Review

President Donald Trump repeatedly argues that appellate court appointments constitute his major success. The President and the United States Senate Republican Party majority have established records by approving fifty very conservative, young, and capable appellate court jurists. However, their confirmations have exacted a toll, particularly from the many federal district courts which address seventy-nine unfilled positions in 677 judicial posts. One constructive illustration has been the three Illinois tribunals which confront five pressing openings. The Administrative Office of the United States Courts classifies three as “emergencies,” because the vacant seats have been protracted and involve substantial caseloads. Despite this circumstance, …


What Are The Judiciary’S Politics?, Michael W. Mcconnell May 2018

What Are The Judiciary’S Politics?, Michael W. Mcconnell

Pepperdine Law Review

What are the politics of the federal judiciary, to the extent that the federal judiciary has politics? Whose interests do federal judges represent? This Essay puts forward five different kinds of politics that characterize the federal judiciary. First, the federal judiciary represents the educated elite. Second, the federal judiciary represents past political majorities. Third, the federal judiciary is more politically balanced than the legislative or executive branches. Fourth, the federal judiciary is organized by regions, and between those regions there is significant diversity. Fifth, to the extent that the judiciary leans one way or the other, it leans toward the …


Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods Jan 2013

Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods

Pepperdine Law Review

No abstract provided.


Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert Jan 2013

Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert

Pepperdine Law Review

No abstract provided.


Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman Nov 2012

Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman

Pepperdine Law Review

No abstract provided.


Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso Nov 2012

Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso

Pepperdine Law Review

No abstract provided.


"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations, Derek E. Brown Oct 2012

"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations, Derek E. Brown

Pepperdine Law Review

No abstract provided.


Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams Oct 2012

Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams

Pepperdine Law Review

No abstract provided.


Rediscovering A Principled Commerce Power , Douglas W. Kmiec Oct 2012

Rediscovering A Principled Commerce Power , Douglas W. Kmiec

Pepperdine Law Review

No abstract provided.