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Articles 1 - 9 of 9
Full-Text Articles in Judges
Of Hats And Robes: Judicial Review Of Nonadjudicative Article Iii Functions, Jeffrey L. Rensberger
Of Hats And Robes: Judicial Review Of Nonadjudicative Article Iii Functions, Jeffrey L. Rensberger
University of Richmond Law Review
We are accustomed to thinking of Article III courts and judges deciding cases and controversies. But, federal judges and courts have historically also engaged in official but nonadjudicative activities. In addition to a history of federal judges serving on nonjudicial commissions, federal judges and the Supreme Court participate in the rulemaking process for the federal procedural and evidentiary rules. Although some argue to the contrary, the Supreme Court has approved such arrangements in the face of separation of powers objections. Since Article III officers and courts perform nonadjudicative duties, the question arises of how federal courts who address a challenge …
Combating The Ninth Circuit Judicial Vacancy Crisis, Carl W. Tobias
Combating The Ninth Circuit Judicial Vacancy Crisis, Carl W. Tobias
Law Faculty Publications
When Donald Trump became President, the United States Court of Appeals for the Ninth Circuit had four judicial vacancies that the Administrative Office of the U.S. Courts (AO) identified as “judicial emergencies.” The court also faces a larger caseload than all the other regional circuits, and has frequently decided appeals the least swiftly. The 2016 election returns indicate that more confirmations will be necessary due to additional court members’ probable retirement or assumption of senior status during President Trump’s administration. Striking politicization could frustrate this effort, however. Soon after the inauguration, President Trump signed a novel executive order proscribing U.S. …
In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker
In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker
University of Richmond Law Review
No abstract provided.
Judge Posner, Judge Wilkinson, And Judicial Critique Of Constitutional Theory, Kevin C. Walsh
Judge Posner, Judge Wilkinson, And Judicial Critique Of Constitutional Theory, Kevin C. Walsh
Law Faculty Publications
Judge Richard Posner's well-known view is that constitutional theory is useless. And Judge J Harvie Wilkinson III has lambasted constitutional theory for the way in which its "cosmic" aspirations threaten democratic self-governance. Many other judges hold similar views. And yet both Posner and Wilkinson-in the popular press, in law review articles, and in books-have advocated what appear to be their own theories of how to judge in constitutional cases. Judicial pragmatism for Posner and judicial restraint for Wilkinson seem to be substitutes for originalism, living constitutionalism, political process theory, and so on. But both Posner and Wilkinson also deny that …
The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen R. Friedman
The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen R. Friedman
University of Richmond Law Review
No abstract provided.
Extraordinary Rendition: A Wrong Without A Right, Robert Johnson
Extraordinary Rendition: A Wrong Without A Right, Robert Johnson
University of Richmond Law Review
No abstract provided.
Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.
Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.
University of Richmond Law Review
No abstract provided.
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
University of Richmond Law Review
No abstract provided.
Preface, Jaime L. Henshaw