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Full-Text Articles in Law

Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn Jan 2012

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 Jun 2010

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 Jan 2003

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 …


Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison Jan 1995

Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison

Scholarly Articles

None available.