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Full-Text Articles in Law
Filling Lower Court Vacancies In Congress' Lame Duck Session, Carl Tobias
Filling Lower Court Vacancies In Congress' Lame Duck Session, Carl Tobias
Law Faculty Publications
In this midterm election year of 2022, the nation’s divided political parties are in a battle royale to win the exceedingly close Senate majority. One important explanation for the fight is that the party which assumes the next Senate majority will necessarily have considerable power to affect the confirmation of federal judges. For example, during Donald Trump’s presidency, Republicans controlled the Senate; therefore, the chief executive and the upper chamber proposed and confirmed fifty-four accomplished,
extremely conservative, young appeals court, and 174 district court, jurists. The Republican White House and Senate majority confirmed judges by rejecting or deemphasizing the rules …
Keep The Federal Courts Great, Carl Tobias
Keep The Federal Courts Great, Carl Tobias
Law Faculty Publications
Ever since Donald Trump began running for President, he has incessantly vowed to “make the federal judiciary great again” by deliberately seating conservative, young, and capable judicial nominees, a project which Republican senators and their leader, Mitch McConnell (R-KY), have decidedly embraced and now vigorously implement. The chief executive and McConnell now constantly remind the American people of their monumental success in nominating and confirming aspirants to the federal courts. The Senate has expeditiously and aggressively confirmed two very conservative, young, and competent Supreme Court Justices and fifty-three analogous circuit jurists, all of whom Trump nominated and vigorously supported throughout …
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson
University of Richmond Law Review
No abstract provided.
Tax Court Appointments And Reappointments Improving The Process, Danshera Cords
Tax Court Appointments And Reappointments Improving The Process, Danshera Cords
University of Richmond Law Review
This article explores the problems with the appointment and reappointment process of judges to the United States Tax Court, particularly focusing on the recent politicization of the process. Until 1992, the process ensured the appoint-ment of only well-qualified judges to the Tax Court bench. However, beginning with the administrations of Presidents William J. Clinton and George W. Bush, the President infused politics into the nomination process, causing the process to slow and creating vacancies on the court. Such delays threaten the court's effectiveness and disrupt its operations. To solve this problem, the author endorses changing the statute to allow Tax …
Modeling The Congressional End-Run Constraint, Luke M. Milligan
Modeling The Congressional End-Run Constraint, Luke M. Milligan
University of Richmond Law Review
No abstract provided.
Improving Federal Judicial Selection, Carl Tobias
Improving Federal Judicial Selection, Carl Tobias
University of Richmond Law Review
Part I descriptively analyzes the volume. Part II evaluates the many insights Wittes contributes to readers' appreciation of contemporary federal judicial selection. Part III details numerous recommendations.
Unmasking Judicial Extremism, Carl Tobias
Unmasking Judicial Extremism, Carl Tobias
University of Richmond Law Review
No abstract provided.
Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias
Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias
University of Richmond Law Review
No abstract provided.
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
University of Richmond Law Review
No abstract provided.
The Double Standard In Judicial Selection, Edwin Meese Iii
The Double Standard In Judicial Selection, Edwin Meese Iii
University of Richmond Law Review
No abstract provided.
Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman
Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman
University of Richmond Law Review
No abstract provided.
Standards Of The Supreme Court, John Cornyn
Standards Of The Supreme Court, John Cornyn
University of Richmond Law Review
No abstract provided.
Judicial Independence, William H. Rehnquist
Judicial Independence, William H. Rehnquist
University of Richmond Law Review
No abstract provided.