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Full-Text Articles in Courts
Building The Federal Judiciary (Literally And Legally): The Monuments Of Chief Justices Taft, Warren And Rehnquist, Judith Resnik
Building The Federal Judiciary (Literally And Legally): The Monuments Of Chief Justices Taft, Warren And Rehnquist, Judith Resnik
Indiana Law Journal
The “federal courts” took on their now familiar contours over the course of the twentieth century. Three chief justices—William Howard Taft, Earl Warren, and William Rehnquist—played pivotal roles in shaping the institutional, jurisprudential, and physical premises. Taft is well known for promoting a building to house the U.S. Supreme Court and for launching the administrative infrastructure that came to govern the federal courts. Earl Warren’s name has become the shorthand for a jurisprudential shift from state toward federal authority; the Warren Court offered an expansive understanding of the role federal courts could play in enabling access for a host of …
Stare Decisis In The Inferior Courts Of The United States, Joseph Mead
Stare Decisis In The Inferior Courts Of The United States, Joseph Mead
Law Faculty Articles and Essays
While circuit courts are bound to fallow circuit precedent under "law of the circuit" the practice among federal district courts is more varied and uncertain, routinely involving little or no deference to their own precedent. I argue that the different hierarchical levels and institutional characteristics do not account for the differences in practices between circuit and district courts. Rather, district courts can and should adopt a "law of the district" similar to that of circuit courts. Through this narrow proposal, I explore the historical stare decisis practices in federal courts that are not Supreme.
Fill The Bench And Empty The Docket: Filibuster Reform For District Court Nominations, Jeremy Garson
Fill The Bench And Empty The Docket: Filibuster Reform For District Court Nominations, Jeremy Garson
University of Michigan Journal of Law Reform Caveat
Judges are, without question, vital to our justice system. They interpret, adapt, and apply the law. They resolve disputes for the parties to the case at issue and provide guidance to others in analogous situations. They are the gears that keep the wheels of justice moving. Unfortunately, in the case of our federal courts, many of these gears are missing. Eighty-three of our 874 federal judgeships are vacant, including thirty-four that have been declared “judicial emergencies.” Our Constitution vests the President with the power to nominate federal judges and the Senate with the power to confirm or reject them, and …
Understanding The Value Of Judicial Diversity Through The Native American Lens, Paige E. Hoster
Understanding The Value Of Judicial Diversity Through The Native American Lens, Paige E. Hoster
American Indian Law Review
No abstract provided.
Justifying Diversity In The Federal Judiciary, Carl W. Tobias
Justifying Diversity In The Federal Judiciary, Carl W. Tobias
Law Faculty Publications
This Essay thus scrutinizes Obama’s judicial selection effort, which confirms many ideas that Scherer espouses while showing how political deficiencies in the modern selection process erode diversity and legitimacy, and perhaps Scherer’s provocative solution. This response ultimately discusses some promising measures beyond Scherer’s recommendation that could enhance diversity and legitimacy in light of the threat that politicization poses