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- Judicial misconduct; judicial ethics; ABA Model Code of Judicial Conduct; Judicial Conduct Commissions; judicial independence; procedural justice; judicial bias; judicial discipline; judicial impropriety; Fourteenth Amendment (1)
- Prison law; criminal law; legal history; federal courts; constitutional law; con law (1)
- Sentencing guidelines; deference; federal courts (1)
Articles 1 - 3 of 3
Full-Text Articles in Judges
An Apt Analogy?: Rethinking The Role Of Judicial Deference To The U.S. Sentencing Guidelines Post-Kisor, Amy Walker
An Apt Analogy?: Rethinking The Role Of Judicial Deference To The U.S. Sentencing Guidelines Post-Kisor, Amy Walker
Fordham Law Review
Since its inception in 1984, the U.S. Sentencing Commission (the “Commission”) has struggled to garner and maintain a sense of legitimacy among federal judges. The tension is both a story about competing expertise between judges and the Commission and competing values, namely uniformity and individuality. In 1993, the U.S. Supreme Court in Stinson v. United States prioritized uniformity by telling lower courts to treat the Commission as they would any other administrative agency. Lower courts—for the most part—faithfully executed this directive until 2019, when the Supreme Court in Kisor v. Wilkie gave them another option, one that seemed to leave …
Carceral Deference: Courts And Their Pro-Prison Propensities, Danielle C. Jefferis
Carceral Deference: Courts And Their Pro-Prison Propensities, Danielle C. Jefferis
Fordham Law Review
Judicial deference to nonjudicial state actors, as a general matter, is ubiquitous, both in the law and as a topic of legal scholarship. But “carceral deference”—judicial deference to prison officials on issues concerning the legality of prison conditions—has received far less attention in legal literature, and the focus has been almost entirely on its jurisprudential legitimacy. This Article contextualizes carceral deference historically, politically, and culturally, and it thus adds a piece that has been missing from the literature. Drawing on primary and secondary historical sources and anchoring the analysis in Bourdieu’s field theory, this Article is an important step to …
Bastions Of Independence Or Shields Of Misconduct?: Increasing Transparency In Judicial Conduct Commissions, Katarina Herring-Trott
Bastions Of Independence Or Shields Of Misconduct?: Increasing Transparency In Judicial Conduct Commissions, Katarina Herring-Trott
Fordham Law Review
No abstract provided.