Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
-
- Stuart M Benjamin (3)
- Beth Thornburg (2)
- Jeffrey A. Van Detta (2)
- Todd E. Pettys (2)
- Alexandra B. Klass (1)
-
- Amanda Hollis-Brusky (1)
- Amanda J Peters (1)
- Angela M Laughlin (1)
- Arthur F Greenbaum (1)
- Barbara A. Atkin (1)
- Bradley W. Joondeph (1)
- Brandice Canes-Wrone (1)
- Brian G. Slocum (1)
- Caleb E. Mason (1)
- Christopher B. McNeil, J.D., Ph.D. (1)
- Colin Miller (1)
- Daniel Gonen (1)
- David S. Law (1)
- Deana A Pollard (1)
- Deborah J Challener (1)
- Dr. Zahidul Islam (1)
- EMILY KADENS (1)
- Gretchen S. Sween (1)
- Hillel Levin (1)
- Howard Schweber (1)
- Joanne Gottesman (1)
- John C Armstrong (1)
- John J. Miller II (1)
- John Lande (1)
- John Martinez (1)
Articles 61 - 63 of 63
Full-Text Articles in Law
Why Supreme Court Justices Cite Legislative History: An Empirical Investigation, David S. Law, David Zaring
Why Supreme Court Justices Cite Legislative History: An Empirical Investigation, David S. Law, David Zaring
David S. Law
Much of the social science literature on judicial behavior has focused on the impact of ideology on how judges vote. For the most part, however, legal scholars have been reluctant to embrace empirical scholarship that fails to address the impact of legal constraints and the means by which judges reason their way to particular outcomes. This Article attempts to integrate and address the concerns of both audiences by way of an empirical examination of the Supreme Court’s use of a particular interpretive technique – namely, the use of legislative history to determine the purpose and meaning of a statute. We …
Judicial Hellholes, Lawsuit Climates, And Bad Social Science: Lessons From West Virginia, Elizabeth Thornburg
Judicial Hellholes, Lawsuit Climates, And Bad Social Science: Lessons From West Virginia, Elizabeth Thornburg
Beth Thornburg
The American Tort Reform Association (ATRA) was founded in 1986 by the American Medical Association and American Council of Engineering Companies, and now has hundreds of corporate members. Every year, ATRA releases a list of Judicial Hellholes: court systems alleged to be unfair to defendants. The name is definitely catchy: the thought of a judicial hellhole invokes images of Kafka, Satan and the Queen of Hearts. No wonder ATRA's hellhole campaign has embedded itself in media vocabulary. And no wonder state courts and state legislatures bend over backwards to get out from under the hellhole label. Similarly, the U.S. Chamber …
The Curious Appellate Judge: Ethical Limits On Independent Research, Beth Thornburg
The Curious Appellate Judge: Ethical Limits On Independent Research, Beth Thornburg
Beth Thornburg
Appellate judges in the twenty-first century find themselves in a world in which litigation – both civil and criminal -- involves a vast array of complex and technical factual disputes. These lawsuits, in turn, may cause judges to seek a greater level of expertise in order to deal competently with the evidence that will be relevant to the disputes. At the same time, advances in communication technology have brought the world’s library to the courthouse, requiring no onerous trips across town or index searches but only the click of a mouse. When judges feel the need for additional information, the …