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Articles 1 - 21 of 21
Full-Text Articles in Law
In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker
In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker
University of Richmond Law Review
No abstract provided.
Grow Up Virginia: Time To Change Our Filial Responsibility Law, Sylvia Macon
Grow Up Virginia: Time To Change Our Filial Responsibility Law, Sylvia Macon
University of Richmond Law Review
No abstract provided.
Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications, Sarah Lucy Cooper
Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications, Sarah Lucy Cooper
Richmond Journal of Law and the Public Interest
This article confirms the existence of these legal process-centric themes and considers some potential implications of these approaches. Part I briefly sets out key tenets of the legal process vision and provides some back- ground to the American Innocence Movement. Using examples from relevant case law, Part II examines the courts’ approaches thematically, demonstrating how the courts exhibit loyalty to the legal process vision. It also considers the implications of this loyalty, including that it can result in both the extraction of science from its social context and an awkward approach towards discerning between credible and incredible forensic science evidence …
Filling Federal Court Vacancies In A Presidential Election Year, Carl W. Tobias
Filling Federal Court Vacancies In A Presidential Election Year, Carl W. Tobias
Law Faculty Publications
Scholars and politicians who closely track the federal judicial selection process appreciate that confirmations slow and ultimately halt over presidential election years, a phenomenon which has greater salience in a chief executive's last administration. The first section of this article canvasses selection in Barack Obama's tenure, ascertaining that Republicans cooperated little and contravened numerous traditions, especially after the party captured a majority. Thus, section two analyzes why the GOP did not collaborate and the consequences. Because that obstruction-which undercuts justice and regard for the coequal branches of government- will actually continue across 2016, the piece surveys devices, which could rectify …
Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications, Sarah Lucy Cooper
Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications, Sarah Lucy Cooper
Richmond Public Interest Law Review
This article confirms the existence of these legal process-centric themes and considers some potential implications of these approaches. Part I briefly sets out key tenets of the legal process vision and provides some back- ground to the American Innocence Movement. Using examples from relevant case law, Part II examines the courts’ approaches thematically, demonstrating how the courts exhibit loyalty to the legal process vision. It also considers the implications of this loyalty, including that it can result in both the extraction of science from its social context and an awkward approach towards discerning between credible and incredible forensic science evidence …
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
University of Richmond Law Review
No abstract provided.
Online Issue: Table Of Contents
Online Issue: Table Of Contents
University of Richmond Law Review
No abstract provided.
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
University of Richmond Law Review
No abstract provided.
Issue 3: Allen Chair Table Of Contents
Issue 3: Allen Chair Table Of Contents
University of Richmond Law Review
No abstract provided.
Electing Justice Roush To The Supreme Court Of Virginia, Carl W. Tobias
Electing Justice Roush To The Supreme Court Of Virginia, Carl W. Tobias
Law Faculty Publications
In late April 2015, the Supreme Court of Virginia announced that Justice LeRoy F. Millette, Jr. would retire on July 31, 2015. Democratic Governor Terry McAuliffe expeditiously created an open process for tapping a worthy successor. At July’s conclusion, the Governor appointed Fairfax County Circuit Judge Jane Marum Roush, an experienced, consensus jurist. On a Sunday night, merely two days after Roush swore her oath of office, Republican General Assembly leaders proclaimed their caucuses’ intention to elect another individual, despite conceding that Roush was very qualified. During the August special session, this concerted GOP endeavor prompted a Republican senator to …
The Republican Senate And Regular Order, Carl W. Tobias
The Republican Senate And Regular Order, Carl W. Tobias
Law Faculty Publications
Now that the 114th Congress has reached the first session’s conclusion, the purported application of regular order to a major Senate constitutional duty—rendering advice and consent on presidential nominees—merits analysis. This evaluation illuminates serious deficiencies, which plagued 2015 confirmations. Especially important was the GOP’s failure to expeditiously suggest aspirants for White House consideration, and specifically failing to fill “judicial emergencies,” provide hearings and ballots swiftly, conduct floor debates when required rapidly, and confirm more than 11 judges all year. This obstruction has numerous deleterious consequences; the most significant, however, is not fulfilling the constitutional responsibility to proffer advice and consent …
Fixing The Federal Judicial Selection Process, Carl W. Tobias
Fixing The Federal Judicial Selection Process, Carl W. Tobias
Law Faculty Publications
Federal court selection is eviscerated. Across five years in Barack Obama’s presidency, the judiciary confronted some eighty-five vacancies because Republicans never agreed to prompt Senate consideration. Only when the Democratic majority ignited the “nuclear option,” a rare action that permitted cloture with fewer than sixty votes, did gridlock end. However, openings quickly grew after the Grand Old Party (GOP) captured an upper chamber majority, notwithstanding substantial pledges that it would supply “regular order” again. Over 2015, the GOP cooperated little, approving the fewest jurists since Dwight Eisenhower was President. However, selection might worsen. This year is a presidential election year, …
Confirm Myra Selby For The Seventh Circuit, Carl W. Tobias
Confirm Myra Selby For The Seventh Circuit, Carl W. Tobias
Law Faculty Publications
President Barack Obama recently nominated Myra Selby for a vacancy on the U.S. Court of Appeals for the Seventh Circuit. The nominee is a highly accomplished lawyer who has compiled a distinguished record in both the public and private sectors. For example, Selby was the first African American to earn partnership in a substantial Indianapolis law firm, and both the first African American and the first female Justice to serve on the Indiana Supreme Court. Therefore, concerted White House attempts to confirm her were unsurprising. Nonetheless, with 2016 being a presidential election year, delays have inevitably infused appointments, which have …
Confirming Judges In The 2016 Senate Lame Duck Session, Carl W. Tobias
Confirming Judges In The 2016 Senate Lame Duck Session, Carl W. Tobias
Law Faculty Publications
In this piece, Professor Carl Tobias descriptively scrutinizes the nomination and confirmation regimes throughout the administration of President Barack Obama. The article critically evaluates selection finding that persistent Republican Senate obstruction resulted in the greatest number of unoccupied posts for the longest duration, briefly moderated by the 2013 detonation of the “nuclear option,” which constricted filibusters. Nevertheless, the article contends when the Grand Old Party (GOP) attained a chamber majority, Republicans dramatically slowed the nomination and confirmation processes after January 2015. Therefore, openings surpassed ninety before Congress is scheduled to reassemble. Because this dilemma erodes rapid, inexpensive, and equitable disposition, …
Confirming Circuit Judges In A Presidential Election Year, Carl W. Tobias
Confirming Circuit Judges In A Presidential Election Year, Carl W. Tobias
Law Faculty Publications
Over 2016, President Barack Obama tapped accomplished, mainstream candidates for seven of twelve federal appeals court vacancies. Nevertheless, the Senate Judiciary Committee has furnished a public hearing and vote for merely three nominees and did not conduct a hearing for any other prospect this year. 2016 concomitantly is a presidential election year in which appointments can be delayed and stopped—a conundrum that Justice Antonin Scalia’s Supreme Court vacancy exacerbates. Because appellate courts comprise tribunals of last resort for practically all cases and critically need each of their members to deliver justice, the appointments process merits scrutiny. The Essay first evaluates …
Confirm Judge Koh For The Ninth Circuit, Carl W. Tobias
Confirm Judge Koh For The Ninth Circuit, Carl W. Tobias
Law Faculty Publications
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 …
A Demographic History Of Federal Judicial Appointments By Gender And Race: 1789-2016, Jonathan K. Stubbs
A Demographic History Of Federal Judicial Appointments By Gender And Race: 1789-2016, Jonathan K. Stubbs
Law Faculty Publications
This article briefly surveys the constitutional and statutory foundation for the creation of the federal judiciary. It also furnishes data, by sex and race, of the appointment of federal judges to courts of general jurisdiction during each presidential administration from September 24, 1789, through April 11, 2016. Thus, Part I describes the pace of diversification of the federal judiciary. While data regarding other attributes of judges (such as their socioeconomic status) exist, extensive analysis of such characteristics falls outside the parameters of this preliminary analysis. Nonetheless, the Article notes in passing that, since 1989, during each presidential administration, the majority …
Feminist Justice: Review Of Sisters In Law: How Sandra Day O'Connor And Ruth Bader Ginsburg Went To The Supreme Court And Changed The World, By Linda Hirshman, Corinna Barrett Lain
Feminist Justice: Review Of Sisters In Law: How Sandra Day O'Connor And Ruth Bader Ginsburg Went To The Supreme Court And Changed The World, By Linda Hirshman, Corinna Barrett Lain
Law Faculty Publications
Like most good books, Sisters in Law has a number of strengths and also a few weaknesses. In this review, I briefly reflect on both, then turn to what struck me most about the book, the thing I’m still thinking about and struggling with: what it means to be an elite. The good, the bad, and the ugly (truth)—here is my reaction to Sisters in Law.