Law Commons^™

The Servant Of All: Humility, Humanity, And Judicial Diversity, Michael Nava

Golden Gate University Law Review

This article discusses how judicial diversity might increase qualities of humility and humanity on the bench. I close this section with two examples, the first involving two United States Supreme Court justices and the second a judge on the San Francisco Superior Court.

Judicial Independence: A Cornerstone Of Liberty: Golden Gate University School Of Law Jesse Carter Distinguished Speaker Series, Michael Traynor

Golden Gate University Law Review

Constitution Day Lecture, September 18, 2006

Non Liquet: From Modern Law To Roman Law, Alfredo Mordechai Rabello

Annual Survey of International & Comparative Law

An explanatory note on the structure and limits of the present essay may be useful. In studies which also have a historical character. it is customary to present the subject matter in chronological order, first outlining the more ancient legal system, following then as far as possible its evolutionary steps, finally to end with the analysis of existing legal systems. In this article, however, in order to place the reader in medias res he is presented with modern legal systems with which he is already familiar: in such systems it is practically inconceivable that the judge should refuse to give …

Authority And Contemporary International Arbitration, Tony Cole

Louisiana Law Review

No abstract provided.

Putting Aside The Rule Of Law Myth: Corruption And The Case For Juries In Emerging Democracies, Brent T. White

Cornell International Law Journal

No abstract provided.

Taking A Gamble: Money Laundering After United States V. Santos, Rachel Zimarowski

West Virginia Law Review

No abstract provided.

Some Realism About Judges: A Reply To Edwards And Livermore, Richard A. Posner

Duke Law Journal

No abstract provided.

Realist Lawyers And Realistic Legalists: A Brief Rebuttal To Judge Posner, Michael A. Livermore

Duke Law Journal

No abstract provided.

The Adjudicative Method Of Oliver Wendell Holmes, Jordan J. Saint John

Jordan J Saint John

Oliver Wendell Holmes was among this country’s most preeminent jurists, adjudicating cases for over fifty years, first on the Massachusetts high bench, and then on the United States Supreme Court. Yet he never explicitly revealed his method of adjudication. It is the thesis of this paper that Justice Holmes did have such a method, and that he revealed it implicitly.

The first three steps of the four-step method this author has identified were presented by Holmes in his classic address, The Path of the Law. There, he commended to students a three-step approach for fruitfully studying the law. However, the …

Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso

West Virginia Law Review

No abstract provided.

Iqbal And Empathy, Darrell A. H. Miller

Faculty Scholarship

This Essay argues that empathy does and should play an important, albeit limited role, in a judge’s decision making process. Specifically, empathy is essential for making correct, principled, and unbiased judgments, because empathy is one of the few means we have to understand human motivation. Empathy is a crucial cognitive mechanism that can help compensate for common cognitive bias. As such, empathy, appropriately restricted, should be an accepted and meaningful tool for judges to use in evaluating the sufficiency of complaints, especially as they relate to Iqbal’s plausibility pleading standard.

Talking Judges, Mitu Gulati, Jack Knight

Faculty Scholarship

What kinds of empirical questions about themselves and their colleagues on the bench are judges interested in asking? This was the topic of a recent conference at the Duke Law School. Our Essay reflects on the ways in which the judges at this conference and at a prior one talked about the empirical study of their community. To put it mildly, most of the judges were not fans of the empirical research. Our interest in this Essay is not, however, in responding to the judicial criticisms. Rather it is in drawing insights about how judges view themselves and their profession …

A Coase Theorem For Constitutional Theory, Neil S. Siegel

Faculty Scholarship

There is much to admire about Barry Friedman’s new book, The Will of the People. Explaining how the institution of judicial review was made safe for democracy in America, Friedman’s story is extensively researched, beautifully written, scrupulously nonpartisan about the modern Court, and frequently humorous. What is more, his primary claim—that the Supreme Court of the United States is very much a democratic institution because judicial review always has been responsive to public opinion—is, to a large extent, convincing. I have taught The Will of the People in my first-year constitutional law course, and I plan to do so again. …

Evaluating Judges And Judicial Institutions: Reorienting The Perspective, Mitu Gulati, David E. Klein, David F. Levi

Faculty Scholarship

Empirical scholarship on judges, judging, and judicial institutions, a staple in political science, is becoming increasingly popular in law schools. We propose that this scholarship can be improved and enhanced by greater collaboration between empirical scholars, legal theorists, and the primary subjects of the research, the judges. We recently hosted a workshop that attempted to move away from the conventional mode of involving judges and theorists in empirical research, where they serve as commentators on empirical studies that they often see as reductionist and mis-focused. Instead, we had the judges and theorists set the discussion agenda for the empiricists by …

Different Shades Of Bias: Skin Tone, Implicit Racial Bias, And Judgments Of Ambiguous Evidence, Justin D. Levinson, Danielle Young

West Virginia Law Review

No abstract provided.

Source Of Information Or Dog And Pony Show: Judicial Information Seeking During U.S. Supreme Court Oral Argument, 1963-1965 & 2004-2009, James C. Phillips, Edward L. Carter

Santa Clara Law Review

No abstract provided.