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Courts

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Full-Text Articles in Law

Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson Oct 2016

Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson

Law Faculty Publications

This essay, first presented at the Magna Carta anniversary symposium of the Baronial Order of Magna Charta on April 16, 2015, at The Cosmos Club, in Washington, D.C., takes as its inspiration the spirit of the rule of law, as laid down in the Magna Carta. Specifically, the author argues that the popular election and reelection of judges undermines the rule of law, and democracy in general, by exposing judges to the manipulations of financial corruption, political intimidation, and the often irrational shifts in popular opinion. To correct this problem, the author calls for amendment of the thirty-nine state ...


Filling The Federal Appellate Court Vacancies, Carl W. Tobias Jan 2015

Filling The Federal Appellate Court Vacancies, Carl W. Tobias

Law Faculty Publications

Multiple observers have criticized President Barack Obama’s discharge of his Article II constitutional responsibility to nominate and confirm federal judges. Senators have blamed the administration for slowly making nominations, liberals have contended that the executive appointed myriad candidates who are not sufficiently centrist, and conservatives have alleged that President Obama proffered many nominees who could become liberal judicial activists. Despite the sharp criticisms, the President has actually realized much success when nominating and confirming well qualified moderate jurists. President Obama has named more judges than Presidents George W. Bush and Bill Clinton had at this juncture in their tenure ...


Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland Jan 2013

Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland

Law Faculty Publications

No abstract provided.


Constructing Courts: Architecture, The Ideology Of Judging, And The Public Sphere, Allison Anna Tait Jan 2013

Constructing Courts: Architecture, The Ideology Of Judging, And The Public Sphere, Allison Anna Tait

Law Faculty Publications

In several countries, governments have embarked on major building expansion programs for their judiciaries. The new buildings posit the courtroom as their center and the judge as that room’s pivot. These contemporary projects follow the didactic path laid out in Medieval and Renaissance town halls, which repeatedly deployed symbolism in efforts to shape norms. Dramatic depictions then reminded judges to be loyal subjects of the state. In contrast, modern buildings narrate not only the independence of judges but also the dominion of judges, insulated from the state. The significant allocation of public funds reflects the prestige accorded to courts ...


Virginia Practice Series: Jury Instructions, Volume 4, Ronald J. Bacigal, Margaret Ivey Bacigal Jan 2013

Virginia Practice Series: Jury Instructions, Volume 4, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

Jury Instructions is confined to the most common areas of jury trial work – torts and criminal law. Where possible, the language of the instructions is taken directly from reported cases or case reports. Nearly every instruction is followed by commentary that sets forth the legal authority underlying the instruction and, in some cases, an extensive discussion of the law.


The Virginia Judicial System: Organization And Structure, W. Clark Williams Jr. Jan 2008

The Virginia Judicial System: Organization And Structure, W. Clark Williams Jr.

Law Faculty Publications

No abstract provided.


The Tribunal In Albania, John Paul Jones Apr 1993

The Tribunal In Albania, John Paul Jones

Law Faculty Publications

Professor Jones explains and critiques "The Organization of Justice and the Constitutional Court," the1992 amendments to Albania's provisional constitution that established the nation's post-revolution judicial system.


Justice Vs. Law: Courts And Politics In American Society, Gary L. Mcdowell Jan 1993

Justice Vs. Law: Courts And Politics In American Society, Gary L. Mcdowell

Law Faculty Publications

The purpose of this book is to pull back that veil and to reveal the mysteries for what they are: ordinary institutional contrivances designed to shape and direct the politics of the nation. As a result, the judicial process is inevitably a forum wherein differing visions of the just society come into conflict. While the cases and controversies that come before the courts are contests between two reasonably well defined adverse litigants, each with a personal stake in the resolution of the dispute, the judgments handed down often go far beyond those litigants and affect American society and politics in ...