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Full-Text Articles in Law

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 least …


Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal Dec 2018

Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal

West Virginia Law Review

No abstract provided.


Strategic Behaviour And Leadership Patterns Of Modern Chief Justices, C. L. Ostberg, Matthew E. Wetstein Sep 2018

Strategic Behaviour And Leadership Patterns Of Modern Chief Justices, C. L. Ostberg, Matthew E. Wetstein

Osgoode Hall Law Journal

This study uses strategic behaviour, leadership change, and feminist theories to examine patterns of judicial activity by the three post-Charter chief justices of the Supreme Court of Canada. Building on prior scholarship, we use various methods to examine patterns of majority voting, dissenting activity, opinion writing, ideological voting, and panel size across the 1973 to 2014 period. While Chief Justices Lamer and Dickson exhibited clear patterns of task leadership, we find strong evidence of strategic change by Chief Justice McLachlin following her elevation to chief. She moved from a prolific dissenter as a puisne justice to a chief who exhibited …


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.


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.


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 …


Judges As Bullies, Abbe Smith Feb 2018

Judges As Bullies, Abbe Smith

Hofstra Law Review

No abstract provided.


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.


Issue 2: Table Of Contents Jan 2018

Issue 2: Table Of Contents

University of Richmond Law Review

No abstract provided.