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Articles 1 - 11 of 11

Full-Text Articles in Law

The Theory And Practice Of Defending Judges Against Unjust Criticism, Ronald J. Bacigal Oct 1990

The Theory And Practice Of Defending Judges Against Unjust Criticism, Ronald J. Bacigal

Law Faculty Publications

Having set forth the above premise and conclusion, the American Bar Association Subcommittee on Unjust Criticism of the Bench promulgated a model program for bar associations to follow when countering inaccurate or unjust criticism of judges. This article presents no quarrel with the model program but instead seeks to relate the model to an empirical account of how it might operate in practice. It must be remembered that the acid test of a theoretical model is not whether the theory is "true" in a purely academic sense but whether the model is useful in describing the "real world. " In order ...


Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude Apr 1990

Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III


The Eleventh Amendment, Process Federalism And The Clear Statement Rule, William P. Marshall Jan 1990

The Eleventh Amendment, Process Federalism And The Clear Statement Rule, William P. Marshall

Faculty Publications

No abstract provided.


Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld Jan 1990

Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld

Faculty Scholarship

This article describes economic research on models of legal disputes. Concepts such as rational choice and static equilibrium are often used inaccurately in the noneconomic research presented in this issue. This article critiques the longitudinal studies, illustrating a number of problems of conceptualization and data analysis. Finally, the authors consider normative models of dispute resolution and the evolution and effects of judge-made law.


In The Eye Of The Beholder: Tort Litigants' Evaluations Of Their Experiences In The Civil Justice System, E. Allan Lind, Robert J. Maccoun, Patricia A. Ebener, William L. Felstiner Jan 1990

In The Eye Of The Beholder: Tort Litigants' Evaluations Of Their Experiences In The Civil Justice System, E. Allan Lind, Robert J. Maccoun, Patricia A. Ebener, William L. Felstiner

Faculty Scholarship

Little is known about the reactions of tort litigants to traditional and alternative litigation procedures. To explore this issue, we interviewed litigants in personal injury cases in three state courts whose cases had been resolved by trial, court-annexed arbitration, judicial settlement conferences, or bilateral settlement. The litigants viewed the trial and arbitration procedures as fairer than bilateral settlement, apparently because they believed that trials and arbitration hearings gave their case more respectful treatment. They were less satisfied with the outcome of judicial settlement conferences than with the outcome of bilateral settlements, because judicial settlement conference outcomes were more likely to ...


Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen Jan 1990

Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen

Faculty Scholarship

Examining the ongoing debate concerning congressional power to eliminate federal court jurisdiction over cases arising under federal law from thefederal Indian law viewpoint allows consideration of the issues in a concrete setting. Experience under the Indian Civil Rights Act during the last twenty years indicates that some federal review of actions arising under federal law is needed if the command of the supremacy clause is to be fully effectuated. At the same time, it indicates that a uniform interpretation of that federal law is not essential to the enforcement of the clause. This examination thus provides support for the distributive ...


Caseload And Judging: Judicial Adaptations To Caseload, Lauren K. Robel Jan 1990

Caseload And Judging: Judicial Adaptations To Caseload, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Situated Decisionmaking, Catharine P. Wells Jan 1990

Situated Decisionmaking, Catharine P. Wells

Boston College Law School Faculty Papers

The purpose of this Article is to examine the concerns that surround situated judging and the central questions to which they give rise: How can a situated judge render a just decision? On its face, the question appears to be both decisive and unanswerable. Upon deeper examination, however, we can see that the question relies upon a doubtful set of presuppositions about situated decision-making. In the course of this Article, the author seeks to defend the pragmatic analysis of legal decision-making by casting doubt upon these assumptions. Part II develops two contrasting models of normative decision-making that represent the purported ...


Accuracy, Efficiency, And Accountability In The Litigation Process – The Case For The Fact Verdict, Mark S. Brodin Jan 1990

Accuracy, Efficiency, And Accountability In The Litigation Process – The Case For The Fact Verdict, Mark S. Brodin

Boston College Law School Faculty Papers

Although the jury trial is regarded as a lynchpin of the American concept of justice, ambivalence about the institution persists, particularly in the context of civil litigation. Some question whether the civil jury is an inefficient anachronism. This article argues that many of the concerns raised about civil juries in general are really concerns about the routine use of the general verdict, an institution that merges the jury’s fact finding function and its role as an applier of law. The article argues that in many instances, replacing a general verdict with a special verdict would allow the jury to ...


Major Contemporary Issues In Extradition Law, Christopher L. Blakesley Jan 1990

Major Contemporary Issues In Extradition Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on high crimes in international law, and the ability to extradite state and high government officials for committing them.


The Justices Write Separately: Uses Of The Concurrence By The Rehnquist Court, Laura K. Ray Dec 1989

The Justices Write Separately: Uses Of The Concurrence By The Rehnquist Court, Laura K. Ray

Laura K. Ray

No abstract provided.