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Full-Text Articles in Judges

What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison Mar 2016

What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison

Caren Myers Morrison

No abstract provided.


The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson Sep 2015

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.
This vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in ...


Chinese Courts' Role In Financial Reform: On The First "Vam Agreement" Case In China, Siyi Huang Feb 2014

Chinese Courts' Role In Financial Reform: On The First "Vam Agreement" Case In China, Siyi Huang

Siyi Huang

Traditional belief is that courts in authoritarian regimes are only passive institutions and their authority and influence are extremely limited. Despite the conventional wisdom, it’s been noticed that Chinese courts have played a crucial role in China’s financial reform. Drawing on insights from the judgments of three Chinese courts at different levels on the first “value adjustment mechanism” case in China, this article attempts to explore the functional techniques and decision-making process of Chinese courts. The analysis of the court’ judgments suggests that Chinese courts have performed a policy-making function in deciding controversial economic cases, by transcending social ...


Faculty Colloquia, Spring 2010 Series, Royce Barondes, Kimberle Crenshaw, Chris Elmendorf, Michael Kang, Oliver Moreteau, Deborah Pearlstein, Richard Peltz, Nirej Sekhon, Stephanie Stern, Lee-Ford Tritt, Michael Zimmer Oct 2013

Faculty Colloquia, Spring 2010 Series, Royce Barondes, Kimberle Crenshaw, Chris Elmendorf, Michael Kang, Oliver Moreteau, Deborah Pearlstein, Richard Peltz, Nirej Sekhon, Stephanie Stern, Lee-Ford Tritt, Michael Zimmer

Lee-ford Tritt

Spring 2010 Presenters January 25: Royce Barondes (University of Missouri School of Law), ABA Ratings of Federal District Court Judges and the Likelihood of a Shepard’s Warning Signal February 1: Stephanie Stern (Loyola University Chicago School of Law), The Inviolable Home: From Iconic Property to Relational Privacy in the Fourth Amendment February 8: Michael Kang (Emory University School of Law), Sore Loser Laws February 15: Oliver Moreteau (LSU Paul M. Hebert Law Center), The Future of Civil Codes in Europe February 22: Deborah Pearlstein (Princeton University Woodrow Wilson School for Public and International Affairs), After Deference: Formal Approaches to ...


Judicial Decision-Making In Islamic Banking And Finance, Spencer J. Coopchik Dec 2012

Judicial Decision-Making In Islamic Banking And Finance, Spencer J. Coopchik

Spencer J. Coopchik

In a globalized economy it is important for Western lawyers and investors to understand Islamic banking and finance. Islamic banking’s rapid growth in the past two decades has come as surprise to many in the financial markets. More surprising is that the legality of most financial transactions is decided by a select group of jurists sitting on Shari’ah Supervisory Boards. Islamic banking is a financial system governed by the Shari’ah. Many often misperceive Islamic banking as traditional financial practices veiled in Islamic legal fiction. This misconception is due in part to a lack of understanding of the ...


The Supreme Court Sourcebook (Forthcoming), Joseph Thai, Richard Seamon, Andrew Siegel, Kathryn Watts Dec 2011

The Supreme Court Sourcebook (Forthcoming), Joseph Thai, Richard Seamon, Andrew Siegel, Kathryn Watts

Joseph T Thai

No abstract provided.


Judicial Independence In 2012 Under Russian President Vladimir Putin - An Exploration Of What "Judicial Independence" Really Means, And How It Remains Elusive In Russia, Alex E. Wolcott Dec 2011

Judicial Independence In 2012 Under Russian President Vladimir Putin - An Exploration Of What "Judicial Independence" Really Means, And How It Remains Elusive In Russia, Alex E. Wolcott

Alex E Wolcott

This Article examines the current state of judicial independence in Russia. It considers how the various branches of government interact with each other, what the driving forces are for continuing the tradition of federal control over the judiciary, and how the 2012 reelection of Russian President Vladimir Putin will continue steering Russia away from an independent judiciary without international pressure and assistance. Lastly, this Article considers what steps can be taken to demonstrate to the Russian government and its people that an independent judiciary is the heart of enforcing the rule of law and establishing a successful country. The Russian ...


The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo Dec 2011

The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo

Markus Gunneflo

The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’ – lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over ...


The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes Dec 2010

The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes

Henry S. Noyes

With its decisions in Twombly and Iqbal, the Supreme Court established a new federal pleading standard: a complaint must state a plausible claim for relief. Many commentators have written about the meaning of plausibility. None has focused on the Court’s statement that “[d]etermining whether a complaint states a plausible claim for relief...will be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” In this article, I make and support several claims about the meaning and application of judicial experience. First, in order to understand and define the plausibility standard ...


Winterthouhgts, Matilda Arvidsson Dec 2009

Winterthouhgts, Matilda Arvidsson

Matilda Arvidsson

No abstract provided.


Impartiality: Balancing Personal And Professional Integrity In Judicial Decision-Making, Sarah M. R. Cravens Dec 2009

Impartiality: Balancing Personal And Professional Integrity In Judicial Decision-Making, Sarah M. R. Cravens

Sarah M. R. Cravens

No abstract provided.


Golem, "Gollum", Gone: The Missing Ideals Of The Legal Profession, David Barnhizer Dec 2009

Golem, "Gollum", Gone: The Missing Ideals Of The Legal Profession, David Barnhizer

David Barnhizer

The golem is the mud and stick figure of folklore created to protect Jews from the abuses of Hungarian society in the 16th Century. But ultimately the powerful creature had to be destroyed because it lacked a soul and had no moral core to regulate its behavior and became a danger to those it was constructed to protect. Most people may be more familiar with the concept of the golem than they realize. In J. R. R. Tolkien’s book, The Hobbit, and the subsequent Ring Trilogy, the sad creature who relentlessly pursued Frodo to recover his “Precious” ring of ...


The Importance Of An Independent Judiciary, Randall Coyne Apr 2009

The Importance Of An Independent Judiciary, Randall Coyne

Randall Coyne

No abstract provided.


The Importance Of An Independent Judiciary, Randall Coyne Feb 2009

The Importance Of An Independent Judiciary, Randall Coyne

Randall Coyne

No abstract provided.


Independent Judiciary Safeguards Freedom, Randall Coyne Sep 2008

Independent Judiciary Safeguards Freedom, Randall Coyne

Randall Coyne

No abstract provided.


The Oklahoma Court System And The Role Of Judges, Mary Sue Backus Jun 2008

The Oklahoma Court System And The Role Of Judges, Mary Sue Backus

Mary Sue Backus

No abstract provided.


The Judicial Branch And The Role Of Judges, Mary Sue Backus Jan 2008

The Judicial Branch And The Role Of Judges, Mary Sue Backus

Mary Sue Backus

No abstract provided.


John Paul Stevens, Joseph Thai Dec 2007

John Paul Stevens, Joseph Thai

Joseph T Thai

No abstract provided.


Abolish Judicial Elections, Randall Coyne Dec 2007

Abolish Judicial Elections, Randall Coyne

Randall Coyne

No abstract provided.


John Paul Stevens, Joseph Thai Dec 2005

John Paul Stevens, Joseph Thai

Joseph T Thai

No abstract provided.


Reconciling The Booker Conflict: A Substantive Sixth Amendment In A Real Offense Sentencing System, Bertrall L. Ross Dec 2005

Reconciling The Booker Conflict: A Substantive Sixth Amendment In A Real Offense Sentencing System, Bertrall L. Ross

Bertrall L Ross

No abstract provided.


Judges As Guardians Of The Constitution, Randall Coyne Nov 2005

Judges As Guardians Of The Constitution, Randall Coyne

Randall Coyne

No abstract provided.


The Worst Way Of Selecting Judges—Except All The Others That Have Been Tried, Michael R. Dimino Dec 2004

The Worst Way Of Selecting Judges—Except All The Others That Have Been Tried, Michael R. Dimino

Michael R Dimino

This Essay critiques the arguments leveled at judicial elections. For each criticism--which I have discovered through a reasonably thorough review of cases and law review commentary--I assess the degree to which the criticism is valid, and also the degree to which other judicial-selection methods fall prey to the same criticism. I argue that the flaws of judicial elections, though often considerable, are shared in large part by alternative selection systems. Beyond, however, being simply equivalent in malignity to other selection methods, elections have--or, rather, may have, depending on the content of judicial election campaigns--one advantage over other systems that instigated ...


The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan Dec 2004

The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan

Donald J. Kochan

Can a man be the Director of the Women’s Bureau at the Department of Labor? According to Congress, the answer is no. Congress has stated by statute that a woman must be the nominee to head the Women’s Bureau at the Department of Labor. The key questions are: (1) even if it makes sense on policy grounds, is it constitutional? and (2) if we accept such a statutory limitation power what are the potential precedential consequences for other appointment matters? This Article’s case study is particularly relevant today, examining just how far Congress can go to limit ...


Error Iudicis : Juristische Wahrheit Und Justizieller Irrtum, Laurent Mayali, Andre Gouron, Dieter Simon Dec 1997

Error Iudicis : Juristische Wahrheit Und Justizieller Irrtum, Laurent Mayali, Andre Gouron, Dieter Simon

Laurent Mayali

No abstract provided.


Europäische Und Amerikanische Richterbilder, Laurent Mayali, Andre Gouron, Dieter Simon Dec 1995

Europäische Und Amerikanische Richterbilder, Laurent Mayali, Andre Gouron, Dieter Simon

Laurent Mayali

No abstract provided.


Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds Dec 1994

Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds

William L. Reynolds

No abstract provided.


Justice Thurgood Marshall And The Death Penalty, Randall Coyne Dec 1992

Justice Thurgood Marshall And The Death Penalty, Randall Coyne

Randall Coyne

No abstract provided.


Footprints Of A Just Man: The Case Law Of Judge Robert S. Vance Dec 1990

Footprints Of A Just Man: The Case Law Of Judge Robert S. Vance

Patricia A. McCoy

No abstract provided.