Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Roger Williams University (15)
- American University Washington College of Law (6)
- University of Pennsylvania Carey Law School (5)
- University of Richmond (5)
- New York Law School (4)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Columbia Law School (3)
- Duke Law (3)
- Maurer School of Law: Indiana University (3)
- University at Buffalo School of Law (3)
- University of Pittsburgh School of Law (3)
- Emory University School of Law (2)
- Fordham Law School (2)
- Georgetown University Law Center (2)
- Golden Gate University School of Law (2)
- Texas A&M University School of Law (2)
- The Catholic University of America, Columbus School of Law (2)
- The Peter A. Allard School of Law (2)
- University of Colorado Law School (2)
- University of Michigan Law School (2)
- University of New Hampshire (2)
- University of the Pacific (2)
- William & Mary Law School (2)
- Boston University School of Law (1)
- California Western School of Law (1)
- Cornell University Law School (1)
- Georgia State University College of Law (1)
- Notre Dame Law School (1)
- Pace University (1)
- SJ Quinney College of Law, University of Utah (1)
- Keyword
-
- Judges (21)
- Supreme Court (8)
- "Rhode Island" (7)
- Judiciary (7)
- Courts (6)
-
- Attorneys (5)
- Judge (5)
- Justice (5)
- United States Supreme Court (5)
- Alumni (4)
- Brett Kavanaugh (4)
- President (4)
- Profession (4)
- Providence (4)
- Rights (4)
- "Michael J. Yelnosky" (3)
- "William E. Smith" (3)
- Actors (3)
- Anniversary (3)
- Chat (3)
- Court (3)
- Courtroom (3)
- Female (3)
- Judicial behavior (3)
- Jurisdiction (3)
- Justices (3)
- LGBTQ (3)
- Lawyers (3)
- Legal (3)
- List (3)
- Publication
-
- Faculty Scholarship (12)
- Life of the Law School (1993- ) (9)
- Articles (6)
- Articles in Law Reviews & Other Academic Journals (6)
- Scholarly Works (5)
-
- All Faculty Scholarship (4)
- Journal Articles (4)
- Articles by Maurer Faculty (3)
- Faculty Publications (3)
- Law Faculty Publications (3)
- Law Library Newsletters/Blog (3)
- Publications (3)
- Scholarly Articles (3)
- All Faculty Publications (2)
- Articles & Chapters (2)
- Faculty Articles (2)
- Law Faculty Scholarship (2)
- Law Student Publications (2)
- McGeorge School of Law Scholarly Articles (2)
- Other Publications (2)
- School of Law Conferences, Lectures & Events (2)
- Testimony (2)
- Articles, Book Chapters, & Popular Press (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Bolch Judicial Institute Publications (1)
- Cornell Law Faculty Publications (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Publications By Year (1)
- Law School Blogs (1)
- Librarian Scholarship at Penn Law (1)
Articles 1 - 30 of 100
Full-Text Articles in Law
Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law
Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Comment On 'Judicial Compensation And Performance', J.J. Prescott
Comment On 'Judicial Compensation And Performance', J.J. Prescott
Articles
The most significant challenges to better understanding judicial behavior are lack of data and the absence of plausible exogenous variation in judicial environments. The random assignment of judges to cases has admittedly been helpful in gaining traction on the effects of judicial decisions (e.g., Dobbie, Goldin, and Yang 2018). Yet developing a full empirical account of “what judges maximize” (Posner 1993) would require a setting in which judges are randomly subjected to a wide variety of (real-world) environments with different costs, constraints, and rewards. This prospect remains pie in the sky, but that does not mean that we have not …
Democratizing Interpretation, Anya Bernstein
Democratizing Interpretation, Anya Bernstein
Journal Articles
Judges interpreting statutes sometimes seem eager to outsource the work. They quote ordinary speakers to define a statutory term, point to how an audience understands it, or pin it down with interpretive canons. But sometimes conduct that appears to diminish someone’s power instead sneakily enhances it. So it is, I argue, with these forms of interpretive outsourcing. Each seems to constrain judges’ authority by handing the reins to someone else, giving interpretation a democratized veneer. But in fact each funnels power right back to the judge.
The outsourcing approaches I describe show a disconnect between the questions judges pose and …
Ensuring An Exemplary Judiciary Workplace: An Alternative To A Mandatory Reporting Requirement For Judges, Arthur D. Hellman
Ensuring An Exemplary Judiciary Workplace: An Alternative To A Mandatory Reporting Requirement For Judges, Arthur D. Hellman
Testimony
In December 2017, the Director of the Administrative Office of the United States Courts, responding to a request from Chief Justice Roberts, formed a Working Group to recommend measures “to ensure an exemplary workplace for every judge and every court employee.” The Working Group issued its report in June 2018. On October 30, 2018, two committees of the Judicial Conference of the United States, the administrative policy-making body of the federal judiciary, held a hearing on proposed amendments to the Rules for Judicial-Conduct and Judicial-Disability Proceedings and the Code of Conduct for United States Judges. Both sets of proposed amendments …
Comments On Proposed Amendments To The Rules For Judicial-Conduct And Judicial-Disability Proceedings, Arthur D. Hellman
Comments On Proposed Amendments To The Rules For Judicial-Conduct And Judicial-Disability Proceedings, Arthur D. Hellman
Testimony
In late 2017, prominent Ninth Circuit Judge Alex Kozinski was accused of engaging in sexual harassment and other misconduct over a long period during his tenure as a judge. Judge Kozinski resigned, but the controversy continued. The Director of the Administrative Office of the United States Courts, responding to a request from Chief Justice Roberts, formed a Working Group to recommend measures “to ensure an exemplary workplace for every judge and every court employee.” The Working Group issued its report in June 2018.
In September 2018, the Committee on Judicial Conduct and Disability (Conduct Committee) of the Judicial Conference of …
Women In Robes 10/04/2018, Roger Williams University School Of Law, Women's Law Society
Women In Robes 10/04/2018, Roger Williams University School Of Law, Women's Law Society
School of Law Conferences, Lectures & Events
No abstract provided.
Roger Williams University School Of Law And The Women's Law Society Present Women In Robes 10-4-2018, Roger Williams University School Of Law
Roger Williams University School Of Law And The Women's Law Society Present Women In Robes 10-4-2018, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News The First Circuit At Rwu Law 10/03/2018, Michael M. Bowden, Julia Rubin
Law School News The First Circuit At Rwu Law 10/03/2018, Michael M. Bowden, Julia Rubin
Life of the Law School (1993- )
No abstract provided.
Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School Of Law
Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Blurring Institutional Boundaries: Judges' Perceptions Of Threats To Judicial Independence, Alyx Mark, Michael A. Zilis
Blurring Institutional Boundaries: Judges' Perceptions Of Threats To Judicial Independence, Alyx Mark, Michael A. Zilis
Political Science Faculty Publications
The legislature wields multiple tools to limit judicial power, but scholars have little information about how judges interpret variant threats and which they find most concerning. To provide insight, we conduct original interviews regarding legislative threats to courts with over two dozen sitting federal judges, representing all tiers of the federal judiciary. We find that judges have a nuanced understanding of threats and tend to identify components of legislative proposals that threaten formal institutional powers as more concerning than those challenging policy set by judges. This distinction has broad implications for our understanding of judicial behavior at the federal level.
Playing Favorites? Implicit Bias On The Bench, Michele Benedetto Neitz
Playing Favorites? Implicit Bias On The Bench, Michele Benedetto Neitz
Publications
The concept of implicit bias has moved to the forefront of public discussion in the last decade, and many judges have already been trained on this issue. But it is worth considering how a specific type of implicit bias, in-group favoritism, may affect a judge’s everyday decisions.
Law Library Blog (October 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (October 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Supreme Verbosity: The Roberts Court's Expanding Legacy, Mary Margaret Penrose
Supreme Verbosity: The Roberts Court's Expanding Legacy, Mary Margaret Penrose
Faculty Scholarship
The link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community. Whatever the court’s statutory and constitutional status, the written word, in the end, is the source and the measure of the court’s authority.
It is therefore not enough that a decision be correct—it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and to satisfy the world that the decision is principled and sound. What the court says, …
Cardozo On The Supreme Court: Meeting High Expectations, Richard D. Friedman
Cardozo On The Supreme Court: Meeting High Expectations, Richard D. Friedman
Articles
President Trump announced his nomination of Neil Gorsuch — the sixth most senior judge on a federal appellate court in the hinterland—for a seat on the Supreme Court in a formal, nationally televised ceremony. Judge Gorsuch squeezed the shoulder of his wife, a gesture that signaled not only his thrill at the nomination but his joy at being able to share it with her. There followed a bitterly partisan process, featuring hearings at which the nominee testified and deflected questions about his substantive views. A change in the Senate rules, ending the possibility of a filibuster, was necessary to bring …
Testimony Of Rebecca Ingber Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court, Rebecca Ingber
Faculty Scholarship
Professor Rebecca Ingber testified before the U.S. Senate Judiciary Committee as it considered the nomination of Brett Kavanaugh for Associate Justice of the U.S. Supreme Court. Her testimony focused on Judge Kavanaugh's national security and international law jurisprudence, in particular, the court's role in considering international law constraints on the President's war powers, and the potential effects of this judicial approach on executive power.
Active Judicial Governance, James A. Gardner
Active Judicial Governance, James A. Gardner
Journal Articles
Evidence marshaled in a new article by Jonathan Marshfield suggests strongly that unlike judges of U.S. federal courts, judges of American state supreme courts both recognize and embrace their role as active participants in the process of indirect popular self-rule. Consequently, they much more willingly serve as active and self-conscious vectors of governance. This is not to say that state judges lack appropriate judicial humility; it is to say merely that they possess a different and more nuanced understanding of the role of courts in American government than some of their federal counterparts.
Guidelines And Best Practices For Large And Mass-Tort Mdls (Second Edition), Bolch Judicial Institute
Guidelines And Best Practices For Large And Mass-Tort Mdls (Second Edition), Bolch Judicial Institute
Bolch Judicial Institute Publications
Mass-tort MDLs dominate the federal civil docket, yet they present enormous challenges to transferee judges assigned to manage them. There is little official guidance and no rules specific to the management of mass-tort MDLs, often requiring the transferee judge to develop procedures out of whole cloth.
Beginning in 2013, the Bolch Judicial Institute (then the Center for Judicial Studies) sought to address this issue through a series of annual bench-bar conferences. From these conferences came the Guidelines and Best Practices for Large and Mass-Tort MDLs document — now in its Second Edition — which is designed to help judges and …
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law September 2018, Roger Williams University School Of Law
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law September 2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Evaluation Of Circuit Judge Kavanaugh’S Opinions Concerning The Caa, Arnold W. Reitze Jr.
Evaluation Of Circuit Judge Kavanaugh’S Opinions Concerning The Caa, Arnold W. Reitze Jr.
Utah Law Faculty Scholarship
Nineteen opinions by Circuit Judge Kavanaugh in the D.C. Circuit dealing with the Clean Air Act (CAA) were reviewed. In eleven of the cases, Circuit Judge Kavanaugh wrote the majority opinion. In two cases he wrote a concurring opinion and in six cases he dissented. The cases where Circuit Judge Kavanaugh wrote the majority opinion are: (1) Americans for Clean Energy v. EPA, 864 F.3d 691 (2017); (2) Mexichem Fluor, Inc. v. EPA, 866 F.3d 451(2017); (3) Energy Future Coalition v. EPA, 793 F.3d 141 (2015); (4) EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (2015); (5) In …
Abortion Rights And The Kavanaugh Nomination, John M. Greabe
Abortion Rights And The Kavanaugh Nomination, John M. Greabe
Law Faculty Scholarship
[Excerpt] "Last week, President Trump nominated federal appeals court judge Brett Kavanaugh to fill the Supreme Court seat opened by the retirement of Justice Anthony Kennedy. Immediately, coverage of the nomination focused on abortion and whether Judge Kavanaugh's confirmation would spell the end of the constitutional right recognized in Roe v. Wade. Let's explore why."
Oral Argument Tactics From The Supreme Court Bench: An Analysis Of Neil Gorsuch’S First Term, Corinne Cichowicz
Oral Argument Tactics From The Supreme Court Bench: An Analysis Of Neil Gorsuch’S First Term, Corinne Cichowicz
Politics Summer Fellows
This paper analyzes Gorsuch’s approach to oral argument through careful reading of the oral argument transcripts from the 2017 term and use of scholarship on justices’ behavioral tendencies during oral argument. The paper builds upon previous scholars’ understandings of oral argument by testing whether Gorsuch’s first full term is consistent with the typical behavioral patterns of justices. Yet, the paper goes beyond many other scholars’ methodologies by using tool and content analysis before determining Gorsuch’s approach and identifying a cause for his specific behaviors. The paper finds that Gorsuch does not fit into one category of modern justices’ approaches to …
Balanced Judicial Realism In The Service Of Justice: Judge Richard D. Cudahy, Elizabeth Mertz, Cynthia Grant Bowman
Balanced Judicial Realism In The Service Of Justice: Judge Richard D. Cudahy, Elizabeth Mertz, Cynthia Grant Bowman
Cornell Law Faculty Publications
There is a quiet irony to be found in scholarly writings about the judiciary, which often center around high-profile jurists selected as the “great” judges. But there are great judges who do not receive or even want such widespread recognition, and who do not discuss their philosophy of judging—they simply focus on the job in front of them. Judges who operate with humility can often be very quiet about their legacies—brushing the issue off, as if uncomfortable with the attention. Anyone who knew Judge Richard D. Cudahy of the United States Court of Appeals for the Seventh Circuit will recognize …
Judges And Their Editors, Douglas E. Abrams
Judges And Their Editors, Douglas E. Abrams
Faculty Publications
No abstract provided.
The Way Pavers: Eleven Supreme Court-Worthy Women, Meg Penrose
The Way Pavers: Eleven Supreme Court-Worthy Women, Meg Penrose
Faculty Scholarship
Four women have served as Associate Justices on the United States Supreme Court. Since the Court’s inception in 1789, 162 individuals have been nominated to serve as Supreme Court Justices. Five nominees, or roughly 3 percent, have been women. To help put this gender dearth in perspective, more men named “Samuel” have served as Supreme Court Justices than women. Thirteen U.S. Presidents have nominated more people to the Supreme Court than the total number of women that have served on the Court. Finally, there are currently more Catholics serving on the Supreme Court than the number of women appointed in …
Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky
Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky
Law School Blogs
No abstract provided.
What Makes A Good Judge?, Brian M. Barry
What Makes A Good Judge?, Brian M. Barry
Reports
This article overviews research demonstrating the factors beyond the law that can affect judicial decision-making.
Scotus's 2017-2018 Term: More Of The 'Passive Virtues', John M. Greabe
Scotus's 2017-2018 Term: More Of The 'Passive Virtues', John M. Greabe
Law Faculty Scholarship
[exerpt] "Examine a timelier topic: the court's decision to effectively punt on the major religious freedom and partisan gerrymandering cases it was poised to decide this term. For the court's restrain in these cases may have some relation to our turbulent political times."
Supreme Court Institute Annual Report, 2017-2018, Georgetown University Law Center, Supreme Court Institute
Supreme Court Institute Annual Report, 2017-2018, Georgetown University Law Center, Supreme Court Institute
SCI Papers & Reports
During the U.S. Supreme Court’s October Term (OT) 2017 – corresponding to the 2017-2018 academic year –the Supreme Court Institute (SCI) provided moot courts for advocates in 98% of the cases heard by the Supreme Court, offered a variety of programs related to the Supreme Court, and continued to integrate the moot court program into the education of Georgetown Law students.
A list of all SCI moot courts held in OT 2017 – arranged by argument sitting and date of Moot, and including the name and affiliation of each advocate and the number of observers – follows the narrative portion …
Litigation Academy Helps Lawyers Hone Skills 4-30-2018, Katie Mulvaney, Roger Williams University School Of Law
Litigation Academy Helps Lawyers Hone Skills 4-30-2018, Katie Mulvaney, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News: Legal Leaders To Be Honored At 2018 Commencement (04-20-2018), Roger Williams University School Of Law
Law School News: Legal Leaders To Be Honored At 2018 Commencement (04-20-2018), Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.