Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Judges (25)
- Courts (13)
- Legal Ethics and Professional Responsibility (6)
- Jurisprudence (5)
- Legal Profession (5)
-
- Social and Behavioral Sciences (5)
- Jurisdiction (4)
- Law and Politics (4)
- Arts and Humanities (3)
- Civil Procedure (3)
- Criminal Procedure (3)
- First Amendment (3)
- Law and Society (3)
- Legal Education (3)
- Legal Writing and Research (3)
- Public Law and Legal Theory (3)
- State and Local Government Law (3)
- Civil Law (2)
- Constitutional Law (2)
- Criminal Law (2)
- Law and Philosophy (2)
- Legal Studies (2)
- Philosophy (2)
- Psychology (2)
- Science and Technology Law (2)
- Securities Law (2)
- Sociology (2)
- Supreme Court of the United States (2)
- Administrative Law (1)
- Institution
-
- American University Washington College of Law (4)
- Maurice A. Deane School of Law at Hofstra University (3)
- Roger Williams University (3)
- University of Pennsylvania Carey Law School (3)
- Columbia Law School (2)
-
- Selected Works (2)
- University of Baltimore Law (2)
- University of Missouri School of Law (2)
- William & Mary Law School (2)
- Barry University School of Law (1)
- California Western School of Law (1)
- Loyola University Chicago, School of Law (1)
- Maurer School of Law: Indiana University (1)
- Osgoode Hall Law School of York University (1)
- Pepperdine University (1)
- Seattle University School of Law (1)
- St. Mary's University (1)
- Technological University Dublin (1)
- Texas A&M University School of Law (1)
- University of Colorado Law School (1)
- University of Michigan Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pittsburgh School of Law (1)
- University of Richmond (1)
- Washington and Lee University School of Law (1)
- West Virginia University (1)
- Publication
-
- Faculty Scholarship (5)
- Articles in Law Reviews & Other Academic Journals (4)
- Faculty Publications (4)
- All Faculty Scholarship (3)
- Hofstra Law Review (3)
-
- Articles (2)
- Life of the Law School (1993- ) (2)
- University of Baltimore Law Review (2)
- Articles by Maurer Faculty (1)
- Faculty Articles (1)
- Faculty Publications & Other Works (1)
- Law School Blogs (1)
- Lynne H. Rambo (1)
- Nancy Welsh (1)
- Osgoode Hall Law Journal (1)
- Pepperdine Law Review (1)
- Publications (1)
- Reports (1)
- Scholarly Works (1)
- St. Mary's Journal on Legal Malpractice & Ethics (1)
- University of Richmond Law Review (1)
- Washington and Lee Law Review Online (1)
- West Virginia Law Review (1)
- Publication Type
Articles 1 - 30 of 40
Full-Text Articles in Law
Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files
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 …
Comment On 'Judicial Compensation And Performance', J.J. Prescott
Comment On 'Judicial Compensation And Performance', J.J. Prescott
Articles
The most significant challenges to better understanding judicial behavior are lack of data and the absence of plausible exogenous variation in judicial environments. The random assignment of judges to cases has admittedly been helpful in gaining traction on the effects of judicial decisions (e.g., Dobbie, Goldin, and Yang 2018). Yet developing a full empirical account of “what judges maximize” (Posner 1993) would require a setting in which judges are randomly subjected to a wide variety of (real-world) environments with different costs, constraints, and rewards. This prospect remains pie in the sky, but that does not mean that we have not …
Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal
Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal
West Virginia Law Review
No abstract provided.
When Should The First Amendment Protect Judges From Their Unethical Speech?, Lynne H. Rambo
When Should The First Amendment Protect Judges From Their Unethical Speech?, Lynne H. Rambo
Lynne H. Rambo
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, …
One Judge's "Ten Tips For Effective Brief Writing" (Part Ii), Douglas E. Abrams
One Judge's "Ten Tips For Effective Brief Writing" (Part Ii), Douglas E. Abrams
Faculty Publications
Chief United States Bankruptcy Judge Terrence L. Michael (N.D.OKLA.) has written "Ten Tips for Effective Brief Writing" and posted them on the court's website. In the Journal's September-October issue, part 1 of this article began by discussing Tip #9 ("leave the venom at home"). That part proceeded to discuss Tips 1-4.
This final part discusses the remaining Tips. All 10 thoughtful Tips warrant careful consideration from advocates who prepare submissions for trial courts or appellate courts.
Law School News The First Circuit At Rwu Law 10/03/2018, Michael M. Bowden, Julia Rubin
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.
Strategic Behaviour And Leadership Patterns Of Modern Chief Justices, C. L. Ostberg, Matthew E. Wetstein
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 …
The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh
The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh
Nancy Welsh
A justice system, and the processes located within it, ought to deliver justice. That seems simple enough. But, of course, delivering justice is never so simple. Justice and the systems that serve it are the creatures of context.
This Article considers mediation as just one innovation within the much larger evolution of the judicial system of the United States. First, this Article outlines how the values of democratic governance undergird our traditional picture of the American justice system, presumably because the invocation of such values helps the system to deliver something that will be respected by the nation’s citizens as …
Judges And Their Editors, Douglas E. Abrams
Judges And Their Editors, Douglas E. Abrams
Faculty Publications
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
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
What Makes A Good Judge?, Brian M. Barry
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
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
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
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
The Power Of "So-Called Judges", Tara Leigh Grove
Faculty Publications
No abstract provided.
The Origins (And Fragility) Of Judicial Independence, Tara Leigh Grove
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 “checking” …
The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown
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
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
Sg's Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey Lubbers
Sg's Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Adrenaline Of Excellence: The Career Of Judge Gerald Bruce Lee, Claudio Grossman, Andrew Popper
Adrenaline Of Excellence: The Career Of Judge Gerald Bruce Lee, Claudio Grossman, Andrew Popper
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Peddling Ignorance: A New Falsity Standard For Scientific Knowledge Fraud Cases, Wes Henricksen
Peddling Ignorance: A New Falsity Standard For Scientific Knowledge Fraud Cases, Wes Henricksen
Faculty Scholarship
No abstract provided.
The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley
The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley
Publications
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, bias, emotion, …
Judicial Selection And The Search For Middle Ground, Charles G. Geyh
Judicial Selection And The Search For Middle Ground, Charles G. Geyh
Articles by Maurer Faculty
This Article seeks to transcend perennial election versus appointment debates-including debates over campaign finance and the impact of "dark money"-by taking a closer look at why judicial selection is a contentious mess and discussing how it might be fixed. First, I present the case for elective and appointive systems. Second, I show that the arguments for each system are exaggerated or flawed.Third, I explore why it has been hard for proponents of each system to perceive and acknowledge those exaggerations and flaws, and propose ways to narrow the divide. Although the divide can and should be narrowed, I conclude that …
The Power Of Imagination: Diversity And The Education Of Lawyers And Judges, Barry Sullivan
The Power Of Imagination: Diversity And The Education Of Lawyers And Judges, Barry Sullivan
Faculty Publications & Other Works
No abstract provided.
Political Question Disconnects, Elizabeth Earle Beske
Political Question Disconnects, Elizabeth Earle Beske
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Court Capture, Jonas Anderson
Court Capture, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
Capture — the notion that a federal agency can become controlled by the industry the agency is supposed to be regulating — is a fundamental concern for administrative law scholars. Surprisingly, however, no thorough treatment of how capture theory applies to the federal judiciary has been done. The few scholars who have attempted to apply the insights of capture theory to federal courts have generally concluded that the federal courts are insulated from capture concerns.
This Article challenges the notion that the federal courts cannot be captured. It makes two primary arguments. As an initial matter, this Article makes the …
The Keys To The Kingdom: Judges, Pre-Hearing Procedure, And Access To Justice, Colleen F. Shanahan
The Keys To The Kingdom: Judges, Pre-Hearing Procedure, And Access To Justice, Colleen F. Shanahan
Faculty Scholarship
Judges see themselves as – and many reforming voices urge them to be – facilitators of access to justice for pro se parties in our state civil and administrative courts. Judges’ roles in pro se access to justice are inextricably linked with procedures and substantive law, yet our understanding of this relationship is limited. Do we change the rules, judicial behavior, or both to help self-represented parties? We have begun to examine this nuanced question in the courtroom, but we have not examined it in a potentially more promising context: pre-hearing motions made outside the courtroom. Outside the courtroom, judges …
#Sowhitemale - Federal Civil Rulemaking, Brooke D. Coleman
#Sowhitemale - Federal Civil Rulemaking, Brooke D. Coleman
Faculty Articles
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 expert—are …
Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger
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.