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Articles 1 - 23 of 23
Full-Text Articles in Law
Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss
Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Logic Of Judicial Decisions - Two Items Of Greater Or Lesser Interest, Michael S. Moore, W. Barton Leach, David J. Agatstein
The Logic Of Judicial Decisions - Two Items Of Greater Or Lesser Interest, Michael S. Moore, W. Barton Leach, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
General Semantics, Stare Decisis And Change Through Considerations Of A New Ethics, Irene S. Ross
General Semantics, Stare Decisis And Change Through Considerations Of A New Ethics, Irene S. Ross
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Surviving The Politics Of Judging: National Association Of Adminsitrative Law Judges Luncheon Address, September 13, 1999 , Penny J. White
Surviving The Politics Of Judging: National Association Of Adminsitrative Law Judges Luncheon Address, September 13, 1999 , Penny J. White
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler
Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Texas State Office Of Administrative Hearings: Establishing Independent Adjudicators In Contested Case Proceedings While Preserving The Power Of Institutional Decision-Making, Ron Beal
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Policymaking By The Administrative Judiciary , Charles H. Koch Jr.
Policymaking By The Administrative Judiciary , Charles H. Koch Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Accommodating Alj Decision Making Independence With Institutional Interests Of The Administrative Judiciary, Harold J. Krent, Lindsay Duvall
Accommodating Alj Decision Making Independence With Institutional Interests Of The Administrative Judiciary, Harold J. Krent, Lindsay Duvall
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein
Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Hearing Opinion, E. Barrett Prettyman
Administrative Hearing Opinion, E. Barrett Prettyman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Expanding The Role Of The Victim In A Criminal Action: An Overview Of Issues And Problems , Josephine Gittler
Expanding The Role Of The Victim In A Criminal Action: An Overview Of Issues And Problems , Josephine Gittler
Pepperdine Law Review
There is a growing recognition that crime victims have identifiable interests of sufficient legitimacy and significance to justify expanding their role in criminal proceedings beyond that as a mere non-party witness. This article traces the history of the victim in society and suggests reforms which will help to place the crime victim back into a more meaningful position in the American criminal justice system. Comparisons are made between differing state, national, and international victim programs and the author provides some well-needed insight into the costs and benefits of implementing new ideas which would assist in redefining the role of the …
Victims' Perceptions Of Criminal Justice, Deborah P. Kelly
Victims' Perceptions Of Criminal Justice, Deborah P. Kelly
Pepperdine Law Review
This article considers the criminal justice system from the crime victim's perspective. Victims are the people behind crime statistics. They are the individuals who suffer the injuries inflicted by criminals and who reveal the existence of crime when they report it. Victims are the key to apprehending criminals and the justification for the state's subsequent prosecution, yet they are often the people we know least about.
Social Justice And The Warren Court: A Preliminary Examination, Arthur S. Miller
Social Justice And The Warren Court: A Preliminary Examination, Arthur S. Miller
Pepperdine Law Review
Whether courts should attempt to advance social justice is a much debated topic in American jurisprudence. The conventional wisdom about the judicial process is to the contrary. In this article, Professor Arthur S. Miller suggests that the Supreme Court's innovative civil rights and civil liberties decisions during Chief Justice Earl Warren's tenure had the ultimate effect of helping to preserve the status quo of the social order. Its decisions, coming at a time of economic abundance, were a means of siphoning off discontent from disadvantaged groups at minimum social cost to the established order. The "activist" decisions under Warren were …
Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert
Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert
Pepperdine Law Review
No abstract provided.
Judicial Attention As A Scarce Resource: A Preliminary Defense Of How Judges Allocate Time Across Cases In The Federal Courts Of Appeals, Marin K. Levy
Faculty Scholarship
Federal appellate judges no longer have the time to hear argument and draft opinions in all of their cases. The average annual filing per active judgeship now stands at 330 filed cases per year — more than four times what it was sixty years ago. In response, judges have adopted case management strategies that effectively involve spending significantly less time on certain classes of cases than on others. Various scholars have decried this state of affairs, suggesting that the courts have created a “bifurcated” system of justice with “separate and unequal tracks.” These reformers propose altering the relevant constraints of …
In The Absence Of Scrutiny: Narratives Of Probable Cause, Mitu Gulati, Jack Knight, David F. Levi
In The Absence Of Scrutiny: Narratives Of Probable Cause, Mitu Gulati, Jack Knight, David F. Levi
Faculty Scholarship
This Article reports on a set of roughly thirty interviews with federal magistrate judges. The focus of the interviews was the impact of the Supreme Court case, United States v. Leon, on the behavior of magistrate judges. Leon, famously, put in place the "good faith" exception for faulty warrants that were obtained by the officers in good faith. The insertion of this exception diminished significantly the incentive for defendants to challenge problematic warrant grants. That effect, in turn, could have diminished the incentive for magistrate judge scrutiny of the warrants at the front end of the process. We do not …
How Well Do Measures Of Judicial Ability Translate Into Performance?, Mitu Gulati, Stephen J. Choi, Eric A. Posner
How Well Do Measures Of Judicial Ability Translate Into Performance?, Mitu Gulati, Stephen J. Choi, Eric A. Posner
Faculty Scholarship
Diverse measures are used as proxies for judicial ability, ranging from the college and law school a judge attended to the rate at which her decisions are cited by other judges. Yet there has been little serious examination of which of these ability measures is better or worse at predicting the quality of judicial performance—including the management and disposition of cases. In this article, we attempt to evaluate these measures of ability by examining a rich group of performance indicators. Our innovation is to derive performance measures from judicial decisions other than case outcomes (which are inherently difficult to evaluate): …
Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington
Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington
Faculty Scholarship
No abstract provided.
The Politics Of Statutory Interpretation, Margaret H. Lemos
The Politics Of Statutory Interpretation, Margaret H. Lemos
Faculty Scholarship
In a new book, Reading Law: The Interpretation of Legal Texts, Justice Antonin Scalia and Bryan Garner describe and defend the textualist methodology for which Justice Scalia is famous. For Scalia and Garner, the normative appeal of textualism lies in its objectivity: by focusing on text, context, and canons of construction, textualism offers protection against ideological judging—a way to separate law from politics. Yet, as Scalia and Garner well know, textualism is widely regarded as a politically conservative methodology. The charge of conservative bias is more common than it is concrete, but it reflects the notion that textualism narrows the …
What's On First?: Organizing The Casebook And Molding The Mind, Donald G. Gifford, Joseph L. Kroart Iii, Brian Jones, Cheryl Cortemeglia
What's On First?: Organizing The Casebook And Molding The Mind, Donald G. Gifford, Joseph L. Kroart Iii, Brian Jones, Cheryl Cortemeglia
Faculty Scholarship
This study empirically tests the proposition that law students adopt different conceptions of the judge’s role in adjudication based on whether they first study intentional torts, negligence, or strict liability. The authors conducted an anonymous survey of more than 450 students enrolled in eight law schools at the beginning, mid-point, and end of the first semester of law school. The students were prompted to indicate to what extent they believed the judge’s role to be one of rule application and, conversely, to what extent it was one of considering social, economic, and ideological factors. The survey found that while all …
Suboptimal Social Science And Judicial Precedent, Ben Grunwald
Suboptimal Social Science And Judicial Precedent, Ben Grunwald
Faculty Scholarship
No abstract provided.
Altering Attention In Adjudication, Chris Guthrie, Jeffrey J. Rachinski, Andrew J. Wistrich
Altering Attention In Adjudication, Chris Guthrie, Jeffrey J. Rachinski, Andrew J. Wistrich
Vanderbilt Law School Faculty Publications
Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of a case are particularly salient to the judge. Put simply, a judge focusing on one aspect of a case might reach a different outcome than a judge focusing on another. In this Article, we report the results of a series of studies exploring various ways in which directing judicial attention can shape judicial outcomes. In the first study, we show that judges impose shorter sentences when …
The Emotionally Intelligent Judge, Terry A. Maroney
The Emotionally Intelligent Judge, Terry A. Maroney
Vanderbilt Law School Faculty Publications
Judges, like all of us, have been acculturated to an ideal of dispassion. But judges experience emotion on a regular basis. Judicial emotion must be managed competently. The psychology of emotion regulation can help judges learn to prepare realistically for, and respond thoughtfully to, the emotions they are bound to feel. This short piece, written for a judicial audience, synthesizes research that can help judges accept, analyze, and shape the emotional aspects of their work.