Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Judges (21)
- Courts (9)
- Jurisprudence (5)
- Constitutional Law (2)
- Legal History (2)
-
- Administrative Law (1)
- Business Organizations Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Evidence (1)
- First Amendment (1)
- Human Rights Law (1)
- International Trade Law (1)
- Jurisdiction (1)
- Law and Politics (1)
- Law and Society (1)
- Legal Education (1)
- Legal Ethics and Professional Responsibility (1)
- Supreme Court of the United States (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 30
Full-Text Articles in Law
Comparative Judicialism, Popular Sovereignty, And The Rule Of Law: The Us And Uk Supreme Courts, Lissa Griffin, Thomas Kidney
Comparative Judicialism, Popular Sovereignty, And The Rule Of Law: The Us And Uk Supreme Courts, Lissa Griffin, Thomas Kidney
Washington and Lee Law Review Online
What does the future hold for the US and UK Supreme Courts? Both courts face an uncertain future in which their roles in their constitutional systems will come under intense scrutiny and pressure. The tension between the rule of law, often seen as the preserve of the judicial branches of government, and the sovereignty of the elected branches is palpable. In a time of the “strong man,” allegedly “populist leaders” who seemingly are pushing the limits of the rule of law, the breakdown of collaboration and debate, and the ever-present influence of social media, this tension will only become more …
President Donald Trump And Federal Bench Diversity, Carl Tobias
President Donald Trump And Federal Bench Diversity, Carl Tobias
Washington and Lee Law Review Online
No abstract provided.
Recalibrating Judicial Renominations In The Trump Administration, Carl Tobias
Recalibrating Judicial Renominations In The Trump Administration, Carl Tobias
Washington and Lee Law Review Online
Now that President Donald Trump has commenced the fifth month of his administration, federal courts experience 121 circuit and district court vacancies. These statistics indicate that Mr. Trump has a valuable opportunity to approve more judges than any new President. The protracted open judgeships detrimentally affect people and businesses engaged in federal court litigation, because they restrict the expeditious, inexpensive and equitable disposition of cases. Nevertheless, the White House has been treating crucial issues that mandate careful attention—specifically establishing a government, confirming a Supreme Court Justice, and keeping numerous campaign promises. How, accordingly, can President Trump fulfill these critical duties …
Combating The Ninth Circuit Judicial Vacancy Crisis, Carl Tobias
Combating The Ninth Circuit Judicial Vacancy Crisis, Carl Tobias
Washington and Lee Law Review Online
No abstract provided.
Confirm Judge Koh For The Ninth Circuit, Carl Tobias
Confirm Judge Koh For The Ninth Circuit, Carl Tobias
Washington and Lee Law Review Online
On February 25, 2016, President Barack Obama appointed United States District Court Judge Lucy Haeran Koh for a judicial emergency vacancy on the United States Court of Appeals for the Ninth Circuit. The jurist has served professionally for more than six years in the United States District Court for the Northern District of California, ably resolving major litigation. Thus, White House efforts to confirm her were unsurprising. Nevertheless, 2016 is a presidential election year when delay infuses many court appointments. That conundrum was exacerbated because the United States Senate Republican majority refused to even consider United States Court of Appeals …
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
Washington and Lee Law Review
Influential theories of law have celebrated judicial reason-giving as furthering a host of democratic values, including judges’ accountability, citizens’ participation in djudication, and a more accurate and transparent decision-making process. This Article has two main purposes. First, it argues that although reason-giving 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 …
Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn
Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn
Scholarly Articles
Here, we take advantage of a unique characteristic of the procedures of the U.S. courts of appeals—the discretion held by chief judges to designate district court judges to three-judge appellate panels— to examine empirically the importance of oversight and judicial hierarchy on judges' behavior in those courts. Specifically, we examine the extent to which decisions about the policy preferences of designated judges vary systematically with the ideological tenor of the chief judge himself, the court as a whole, and the U.S. Supreme Court. More simply put, we ask: are district court judges selected to sit on appeals court panels simply …
Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna
Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna
Scholarly Articles
Not available.
Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical -- And Not Just The Methodological Aspects Of Science, Lewis H. Larue, David S. Caudill
Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical -- And Not Just The Methodological Aspects Of Science, Lewis H. Larue, David S. Caudill
Scholarly Articles
In response to the claim that many judges are deficient in their understanding of scientific methodology, this Article identifies in recent cases (i) a pragmatic perspective on the part of federal appellate judges when they reverse trial judges who tend to idealize science (i.e., who do not appreciate the local and practical goals and limitations of science), and (ii) an educational model of judicial gatekeeping that results in reversal of trial judges who defer to the social authority of science (i.e., who mistake authority for reliability). Next, this Article observes that courts (in the cases it analyzes) are not interested …
Racial Diversity On The Bench: Beyond Role Models And Public Confidence, Sherrilyn A. Ifill
Racial Diversity On The Bench: Beyond Role Models And Public Confidence, Sherrilyn A. Ifill
Washington and Lee Law Review
No abstract provided.
The Executive Line Item Veto And The Judicial Power To Sever: What's The Difference?, Lars Noah
The Executive Line Item Veto And The Judicial Power To Sever: What's The Difference?, Lars Noah
Washington and Lee Law Review
No abstract provided.
Remembering The Fourth Circuit Judges: A History From 1941 To 1998
Remembering The Fourth Circuit Judges: A History From 1941 To 1998
Washington and Lee Law Review
No abstract provided.
Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison
Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison
Scholarly Articles
None available.
Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells
Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells
Washington and Lee Law Review
No abstract provided.
Remarks On The Process Of Judging, William H. Rehnquist
Remarks On The Process Of Judging, William H. Rehnquist
Washington and Lee Law Review
No abstract provided.
Contempt Of Court: The Most Important "Contemporary Challenge To Judging", Sanford Levinson
Contempt Of Court: The Most Important "Contemporary Challenge To Judging", Sanford Levinson
Washington and Lee Law Review
No abstract provided.
Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald
Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald
Washington and Lee Law Review
No abstract provided.
Making (Corporate) Law In A Skeptical World, Lyman P. Q. Johnson
Making (Corporate) Law In A Skeptical World, Lyman P. Q. Johnson
Washington and Lee Law Review
No abstract provided.
The Judiciary In A State Of National Crisis With Special Reference To The South African Experience , John Dugard
The Judiciary In A State Of National Crisis With Special Reference To The South African Experience , John Dugard
Washington and Lee Law Review
No abstract provided.
Judicial Authority In The Settlement Of Federal Civil Cases
Judicial Authority In The Settlement Of Federal Civil Cases
Washington and Lee Law Review
No abstract provided.
More Judgeships -But Not All At Once, Abner J. Mikva
More Judgeships -But Not All At Once, Abner J. Mikva
Washington and Lee Law Review
No abstract provided.
The Attraction And Selection Of Good District Court Judges, Lawrence E. Walsh
The Attraction And Selection Of Good District Court Judges, Lawrence E. Walsh
Washington and Lee Law Review
No abstract provided.
Partners In A Process: The Academy And The Courts, Wade H. Mccree, Jr.
Partners In A Process: The Academy And The Courts, Wade H. Mccree, Jr.
Washington and Lee Law Review
No abstract provided.
Delay In Review Of Initial Decisions: The Case For Giving More Finality To The Findings Of Fact Of The Administrative Law Judge*, George Ernest Marzloff
Delay In Review Of Initial Decisions: The Case For Giving More Finality To The Findings Of Fact Of The Administrative Law Judge*, George Ernest Marzloff
Washington and Lee Law Review
No abstract provided.
Stump V. Sparkman, Lewis F. Powell Jr.
Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr.
Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Caesar's Wife Revisited*--Judicial Disqualification After The 1974 Amendments
Caesar's Wife Revisited*--Judicial Disqualification After The 1974 Amendments
Washington and Lee Law Review
No abstract provided.
The Fee System Courts: Financial Interest Of Judges And Due Process
The Fee System Courts: Financial Interest Of Judges And Due Process
Washington and Lee Law Review
No abstract provided.
The Selection Of Federal Judges, Hugh Scott
The Selection Of Federal Judges, Hugh Scott
Washington and Lee Law Review
No abstract provided.
Lawyers And Judges: The Aba And The Politics Ofjudicial Selection. Joel B. Grossman.
Lawyers And Judges: The Aba And The Politics Ofjudicial Selection. Joel B. Grossman.
Washington and Lee Law Review
No abstract provided.