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Full-Text Articles in Law
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
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A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …
Fashioning Entitlements: A Comparative Law And Economic Analysis Of The Judicial Role In Environmental Centralization In The U.S. And Europe, Jason S. Johnston, Michael G. Faure
Fashioning Entitlements: A Comparative Law And Economic Analysis Of The Judicial Role In Environmental Centralization In The U.S. And Europe, Jason S. Johnston, Michael G. Faure
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This paper identifies and evaluates, from an economic point of view, the role of the judiciary the steady shift of environmental regulatory authority to higher, more centralized levels of government in both the U.S. and Europe. We supply both a positive analysis of how the decisions made by judges have affected the incentives of both private and public actors to pollute the natural environment, and normative answers to the question of whether judges have acted so as to create incentives that move levels of pollution in an efficient direction, toward their optimal, cost-minimizing (or net-benefit-maximizing) levels. Highlights of the analysis …
A Report On Chicago's Felony Courts: Executive Summary (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board), Daniel T. Coyne
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No abstract provided.
A Report On Chicago's Felony Courts (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board)., Daniel T. Coyne
A Report On Chicago's Felony Courts (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board)., Daniel T. Coyne
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No abstract provided.
Early Panel Announcement, Settlement And Adjudication, Samuel P. Jordan
Early Panel Announcement, Settlement And Adjudication, Samuel P. Jordan
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Federal appellate courts have significant discretion to set the internal policies that govern the appeals process, and they have used that discretion to institute policies designed to combat increasing caseloads. This Article takes a close look at one such policy: early announcement of panel composition in the D.C. Circuit Court of Appeals. In stark contrast to every other circuit, the D.C. Circuit announces panel composition to litigants in civil appeals well in advance of oral argument, and it does so at least in part to encourage settlement and control the court's workload. This Article concludes that although there are indications …
Amicus Briefs, Kenneth Lasson
The Effect Of Judicial Expedience On Attorney Fees In Class Actions, Eric Helland, Jonathan Klick
The Effect Of Judicial Expedience On Attorney Fees In Class Actions, Eric Helland, Jonathan Klick
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Judges facing exogenous constraints on their pecuniary income have an incentive to reduce their workload to increase their private welfare. In the face of an increase in caseload, this incentive will induce judges to attempt to terminate some cases more rapidly. In class action cases, failing to grant an attorney fee request will delay termination. This conflict is likely to lead judges to authorize higher fees as court congestion increases. Using two data sets of class action settlements, we show that attorney fees are significantly and positively related to the congestion level of the court hearing the case.
Docketology, District Courts And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey Lidicker
Docketology, District Courts And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey Lidicker
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Empirical legal scholars have traditionally modeled trial court judicial opinion writing by assuming that judges act rationally, seeking to maximize their influence by writing opinions in politically important cases. Support for this hypothesis has reviewed published trial court opinions, finding that civil rights and other "hot" topics are more likely to be explained than purportedly ordinary legal problems involved in resolving social security and commercial law cases. This orthodoxy comforts consumers of legal opinions, because it suggests that they are largely representative of judicial work. To test such views, we collected data from a thousand cases in four different jurisdictions. …