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Full-Text Articles in Law

Sentencing Length Disparities: Assessing Why Race And Gender Influence Judges’ Decisions, Janna Akers Jan 2019

Sentencing Length Disparities: Assessing Why Race And Gender Influence Judges’ Decisions, Janna Akers

Scripps Senior Theses

The purpose of this study is to assess why the race and gender of defendants influence judges’ decisions using the focal concern theory. This study will require around 84 participants. Participants will be federal judges who will be recruited via email. In an online survey, participants will be randomly assigned to one of four conditions . Participants will all read a vignette which an individual was convicted for in trafficking of Xanax. The vignette will be manipulated by the name and accompanying a mugshot based on the race (Black/White) and gender (male/female) of the defendant. The expected result is ...


Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files Dec 2018

Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files

St. Mary's Journal on Legal Malpractice & Ethics

Following the 2017 exposure of Harvey Weinstein, the #MeToo movement spread rapidly across social media platforms calling for increased awareness of the prevalence of sexual harassment and assault and demanding change. The widespread use of the hashtag brought attention to the issue and successfully facilitated a much-needed discussion in today’s society. However, this is not the first incident prompting a demand for change.

Efforts to bring awareness and exact change in regards to sexual harassment in the legal profession date back to the 1990s. This demonstrates that the legal profession is not immune from these issues. In fact, at ...


Law School News The First Circuit At Rwu Law 10/03/2018, Michael M. Bowden, Julia Rubin Oct 2018

Law School News The First Circuit At Rwu Law 10/03/2018, Michael M. Bowden, Julia Rubin

Life of the Law School (1993- )

No abstract provided.


Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky Jun 2018

Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky

Law School Blogs

No abstract provided.


What Makes A Good Judge?, Brian M. Barry Dr Jun 2018

What Makes A Good Judge?, Brian M. Barry Dr

Reports

This article overviews research demonstrating the factors beyond the law that can affect judicial decision-making.


What Are The Judiciary’S Politics?, Michael W. Mcconnell May 2018

What Are The Judiciary’S Politics?, Michael W. Mcconnell

Pepperdine Law Review

What are the politics of the federal judiciary, to the extent that the federal judiciary has politics? Whose interests do federal judges represent? This Essay puts forward five different kinds of politics that characterize the federal judiciary. First, the federal judiciary represents the educated elite. Second, the federal judiciary represents past political majorities. Third, the federal judiciary is more politically balanced than the legislative or executive branches. Fourth, the federal judiciary is organized by regions, and between those regions there is significant diversity. Fifth, to the extent that the judiciary leans one way or the other, it leans toward the ...


President Donald Trump And Federal Bench Diversity, Carl Tobias May 2018

President Donald Trump And Federal Bench Diversity, Carl Tobias

Washington and Lee Law Review Online

No abstract provided.


Litigation Academy Helps Lawyers Hone Skills 4-30-2018, Katie Mulvaney, Roger Williams University School Of Law Apr 2018

Litigation Academy Helps Lawyers Hone Skills 4-30-2018, Katie Mulvaney, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Power Of "So-Called Judges", Tara Leigh Grove Apr 2018

The Power Of "So-Called Judges", Tara Leigh Grove

Faculty Publications

No abstract provided.


The Origins (And Fragility) Of Judicial Independence, Tara Leigh Grove Mar 2018

The Origins (And Fragility) Of Judicial Independence, Tara Leigh Grove

Faculty Publications

The federal judiciary today takes certain things for granted. Political actors will not attempt to remove Article III judges outside the impeachment process; they will not obstruct federal court orders; and they will not tinker with the Supreme Court’s size in order to pack it with like-minded Justices. And yet a closer look reveals that these “self-evident truths” of judicial independence are neither self-evident nor necessary implications of our constitutional text, structure, and history. This Article demonstrates that many government officials once viewed these court-curbing measures as not only constitutionally permissible but also desirable (and politically viable) methods of ...


The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown Feb 2018

The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown

Hofstra Law Review

No abstract provided.


Judges As Bullies, Abbe Smith Feb 2018

Judges As Bullies, Abbe Smith

Hofstra Law Review

No abstract provided.


The Culture Of Misdemeanor Courts, Jessica A. Roth Feb 2018

The Culture Of Misdemeanor Courts, Jessica A. Roth

Hofstra Law Review

The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can ...


Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger Jan 2018

Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger

University of Baltimore Law Review

No abstract provided.


African Women Judges On International Courts: Symbolic Or Substantive Gains?, Josephine Dawuni Jan 2018

African Women Judges On International Courts: Symbolic Or Substantive Gains?, Josephine Dawuni

University of Baltimore Law Review

No abstract provided.


The Subversions And Perversions Of Shadow Vigilantism, Paul H. Robinson, Sarah M. Robinson Jan 2018

The Subversions And Perversions Of Shadow Vigilantism, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship at Penn Law

This excerpt from the recently published Shadow Vigilantes book argues that, while vigilantism, even moral vigilantism, can be dangerous to a society, the real danger is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse, but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways by a more surreptitious undermining and distortion of the operation of the criminal justice system.

Shadow vigilantes, as they might be called, can affect ...


Foreword: Bankruptcy’S New And Old Frontiers, William W. Bratton, David A. Skeel Jr. Jan 2018

Foreword: Bankruptcy’S New And Old Frontiers, William W. Bratton, David A. Skeel Jr.

Faculty Scholarship at Penn Law

This Symposium marks the fortieth anniversary of the enactment of the 1978 Bankruptcy Code (the “1978 Code” or the “Code”) with an extended look at seismic changes that currently are reshaping Chapter 11 reorganization. Today’s typical Chapter 11 case looks radically different than did the typical case in the Code’s early years. In those days, Chapter 11 afforded debtors a cozy haven. Most everything that mattered occurred within the context of the formal proceeding, where the debtor enjoyed agenda control, a leisurely timetable, and judicial solicitude. The safe haven steadily disappeared over time, displaced by a range of ...


How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf Jan 2018

How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf

Research Briefs

No abstract provided.


The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley Jan 2018

The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley

Articles

Scholars of judicial behavior overwhelmingly substantiate the historical presumption that most judges act impartially and independent most of the time. The reality of human behavior, however, says otherwise. Drawing upon untapped evidence from neuroscience, this Article provides a comprehensive evaluation of how bias, emotion, and empathy—all central to human decision-making—are inevitable in judicial choice. The Article offers three novel neuroscientific insights that explain why this inevitability is so. First, because human cognition associated with decision-making involves multiple, and often intersecting, neural regions and circuits, logic and reason are not separate from bias and emotion in the brain. Second ...


#Sowhitemale - Federal Civil Rulemaking, Brooke D. Coleman Jan 2018

#Sowhitemale - Federal Civil Rulemaking, Brooke D. Coleman

Faculty Scholarship

116 out of 136. That is the number of white men who have served on the 82-year old committee responsible for creating and maintaining the Federal Rules of Civil Procedure. The tiny number of non-white, non-male committee members is disproportionate even in the context of the white-male-dominated legal profession. Were the rules simply a technical set of instructions made by a neutral set of experts, perhaps these numbers might not be as disturbing. But that is not the case. The Civil Rules embody normative judgments about the values that have primacy in our civil justice system, and the rulemakers—while ...


When Should The First Amendment Protect Judges From Their Unethical Speech?, Lynne H. Rambo Jan 2018

When Should The First Amendment Protect Judges From Their Unethical Speech?, Lynne H. Rambo

Faculty Scholarship

Judges harm the judicial institution when they engage in inflammatory or overtly political extrajudicial speech. The judiciary can be effective only when it has the trust of the citizenry, and judicial statements of that sort render it impossible for citizens to see judges as neutral and contemplative arbiters. This lack of confidence would seem especially dangerous in times like these, when the citizenry is as polarized as it has ever been.

Ethical codes across the country (based on the Model Code of Judicial Conduct) prohibit judges from making these partisan, prejudicial or otherwise improper remarks. Any discipline can be undone ...


Arguing With Friends, William Baude, Ryan D. Doerfler Jan 2018

Arguing With Friends, William Baude, Ryan D. Doerfler

Faculty Scholarship at Penn Law

It is a fact of life that judges sometimes disagree about the best outcome in appealed cases. The question is what they should make of this. The two purest possibilities are to shut out all other views, or else to let them all in, leading one to concede ambiguity and uncertainty in most if not all contested cases.

Drawing on the philosophical concepts of “peer disagreement” and “epistemic peerhood,” we argue that there is a better way. Judges ought to give significant weight to the views of others, but only when those others share the judge’s basic methodology or ...


Studying The "New" Civil Judges, Anna E. Carpenter Dec 2017

Studying The "New" Civil Judges, Anna E. Carpenter

Anna E. Carpenter

We know very little about the people and institutions that make up the bulk of the United States civil justice system: state judges and state courts. Our understanding of civil justice is based primarily on federal litigation and the decisions of appellate judges. Staggeringly little legal scholarship focuses on state courts and judges. We simply do not know what most judges are doing in their day-to-day courtroom roles or in their roles as institutional actors and managers of civil justice infrastructure. We know little about the factors that shape and influence judicial practices, let alone the consequences of those practices ...


Who's Afraid Of Judicial Activism? Reconceptualizing A Traditional Paradigm In The Context Of Specialized Domestic Violence Court Programs, Jennifer L. Thompson Nov 2017

Who's Afraid Of Judicial Activism? Reconceptualizing A Traditional Paradigm In The Context Of Specialized Domestic Violence Court Programs, Jennifer L. Thompson

Maine Law Review

The Specialized Domestic Violence Pilot Project (Pilot Project), implemented in York and Portland in July and August 2002, is the result of the collaborative efforts of the District Court system, law enforcement, prosecutors, members of the defense bar, and various community agencies offering services to victims and perpetrators. District court judges are largely responsible for overseeing the changes in court procedures and implementing the new protocols in domestic violence cases. The Pilot Project, and the changes it is making to the role that courts play in domestic violence cases, represents a significant departure from the procedures followed by traditional court ...


Judges, Racism, And The Problem Of Actual Innocence, Stephen J. Fortunato Jr. Nov 2017

Judges, Racism, And The Problem Of Actual Innocence, Stephen J. Fortunato Jr.

Maine Law Review

The facts and data are in and the conclusion they compel is bleak: the American criminal justice system and its showpiece, the criminal trial, harbor at their core a systemic racism. For decades, criminologists, law professors, sociologists, government statisticians, and others have been collecting and collating data on crime, punishment, and incarceration in the United States. These intrepid scholars have looked at crime, criminals, and the justice system from all angles—the race of defendants and victims; the relationship of poverty to criminality; severity of crime; severity of punishment; incarceration rates for different racial groups; sentencing and sentence disparities; and ...


Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita Oct 2017

Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita

St. Mary's Journal on Legal Malpractice & Ethics

The use of electronic social communication has grown at a phenomenal rate. Facebook, the most popular social networking website, has over 1,968,000,000 users—a number that has exponentially grown since its inception in 2004. The number of judges accessing and using electronic social media (ESM) has also increased. However, unlike the general population, judges must consider constitutional, ethical, technical, and evidentiary implications when they use and access ESM. The First Amendment forbids “abridging the freedom of speech” and protects the expression of personal ideas, positions, and views. However, the American Bar Association’s Model Code of Judicial ...


Reforming Recusal Rules: Reassessing The Presumption Of Judicial Impartiality In Light Of The Realities Of Judging And Changing The Substance Of Disqualification Standards To Eliminate Cognitive Errors, Melinda A. Marbes Oct 2017

Reforming Recusal Rules: Reassessing The Presumption Of Judicial Impartiality In Light Of The Realities Of Judging And Changing The Substance Of Disqualification Standards To Eliminate Cognitive Errors, Melinda A. Marbes

St. Mary's Journal on Legal Malpractice & Ethics

In recent years, high profile disqualification disputes have caught the attention of the public. In each instance there has been an outcry when a presiding jurist was asked to recuse but declined. Unfortunately, even if the jurist explains his refusal to recuse, the reasons given often are unsatisfying and do little to quell suspicions of bias. Instead, litigants, the press, and the public question whether the jurist actually is unbiased and doubt the impartiality of the judiciary as a whole. This negative reaction to refusals to recuse is caused, at least in part, by politically charged circumstances that cause further ...


Law Library Blog (October 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Oct 2017

Law Library Blog (October 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley Sep 2017

A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Newsroom: Governor Raimondo On Rwu Law 09-19-2017, Roger Williams University School Of Law Sep 2017

Newsroom: Governor Raimondo On Rwu Law 09-19-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.