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Articles 1 - 30 of 55
Full-Text Articles in Judges
Stacking In Criminal Procedure Adjudication;Symposium On Criminal Procedure: Judicial Proceedings, Luke M. Milligan
Stacking In Criminal Procedure Adjudication;Symposium On Criminal Procedure: Judicial Proceedings, Luke M. Milligan
Chicago-Kent Law Review
The institutionalist branch of "Law and Courts" studies how judges incorporate institutional constraints into their decision-making processes. Congressional constraints on judicial review, as the literature currently stands, fall into one of two general classes: overrides and Court-curbing measures. This taxonomy, however, is incomplete. Neither overrides nor curbing measures are needed to explain the not uncommon situation where a policy-oriented Justice deviates from a preferred vote based on the belief that such a vote will prompt Congress to alter an "insulated base rule" in a way that disrupts the Justice's larger policy agenda. An "insulated base rule" is a Congressional policy …
Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones
Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones
Chicago-Kent Law Review
The United States Supreme Court's 2002 decision in Republican Party of Minnesota v. White was the first shot fired in an ongoing battle over judicial campaign ethics. The White decision invalidated a Minnesota Canon of Judicial Conduct prohibiting judicial candidates from announcing their views on disputed legal or political topics. Subsequent to White, numerous states have faced challenges to their judicial canons of conduct by groups advocating for an increased breadth of permissible speech in judicial campaigns. While White and its progeny have safeguarded the first amendment rights of judicial candidates, significant concerns have been raised regarding how best to …
Recusal And Recompense: Amending New York Recusal Law In Light Of The Judicial Pay Raise Controversy, Jeffrey T. Fiut
Recusal And Recompense: Amending New York Recusal Law In Light Of The Judicial Pay Raise Controversy, Jeffrey T. Fiut
Buffalo Law Review
No abstract provided.
Professor Robert E. Shepherd, Jr.: Tending To His Flock To Improve Its Lot, John P. Cunningham
Professor Robert E. Shepherd, Jr.: Tending To His Flock To Improve Its Lot, John P. Cunningham
University of Richmond Law Review
No abstract provided.
In Memoriam: Robert E. Shepherd, Jr., John G. Douglass
In Memoriam: Robert E. Shepherd, Jr., John G. Douglass
University of Richmond Law Review
No abstract provided.
Professor Robert E. Shepherd, Jr. September 22, 1937 - December 11, 2008, Hon. Walter S. Felton Jr.
Professor Robert E. Shepherd, Jr. September 22, 1937 - December 11, 2008, Hon. Walter S. Felton Jr.
University of Richmond Law Review
No abstract provided.
Talking Originalism , Andrew B. Coan
Suggestions For American Judges: Ten Books That Merit Reading, Robert C. Berring
Suggestions For American Judges: Ten Books That Merit Reading, Robert C. Berring
The Journal of Appellate Practice and Process
No abstract provided.
The Ways Of A Judge And On Appeal, Kermit V. Lipez
The Ways Of A Judge And On Appeal, Kermit V. Lipez
The Journal of Appellate Practice and Process
No abstract provided.
John Marshall: Definer Of A Nation, Denise R. Johnson
John Marshall: Definer Of A Nation, Denise R. Johnson
The Journal of Appellate Practice and Process
No abstract provided.
The Elements Of Legal Style, Mark P. Painter
The Elements Of Legal Style, Mark P. Painter
The Journal of Appellate Practice and Process
No abstract provided.
The Merchant Of Venice, Act Iv, Scene 1, Rebecca White Berch
The Merchant Of Venice, Act Iv, Scene 1, Rebecca White Berch
The Journal of Appellate Practice and Process
No abstract provided.
International Rule Of Law And Constitutional Justice In International Investment Law And Arbitration, Ernst-Ulrich Petersmann
International Rule Of Law And Constitutional Justice In International Investment Law And Arbitration, Ernst-Ulrich Petersmann
Indiana Journal of Global Legal Studies
Judicial administration of justice through reasoned interpretation, application and clarification of legal principles and rules is among the oldest paradigms of constitutional justice. The principles of procedural justice underlying investor-state arbitration remain controversial, especially if confidentiality and party autonomy governing commercial arbitration risk neglecting adversely affected third parties and public interests. There are also concerns that rule-following and formal equality of foreign investors and home states may not ensure substantive justice in the settlement of investment disputes unless arbitrators and courts take more seriously their customary law obligation of settling disputes in conformity with human rights obligations of governments and …
How Great Judges Think: Judges Richard Posner, Henry Friendly, And Roger Traynor On Judicial Lawmaking, Edmund Ursin
How Great Judges Think: Judges Richard Posner, Henry Friendly, And Roger Traynor On Judicial Lawmaking, Edmund Ursin
Buffalo Law Review
No abstract provided.
Unmasking Judicial Extremism, Carl Tobias
Unmasking Judicial Extremism, Carl Tobias
University of Richmond Law Review
No abstract provided.
The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede
The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede
Brigham Young University Journal of Public Law
No abstract provided.
Chief William's Ghost: The Problematic Persistence Of The Duty To Sit, Jeffrey W. Stempel
Chief William's Ghost: The Problematic Persistence Of The Duty To Sit, Jeffrey W. Stempel
Buffalo Law Review
No abstract provided.
Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott
Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott
BYU Law Review
No abstract provided.
Original Sin And Judicial Independence: Providing Accountability For Justices, Paul D. Carrington, Roger C. Cramton
Original Sin And Judicial Independence: Providing Accountability For Justices, Paul D. Carrington, Roger C. Cramton
William & Mary Law Review
No abstract provided.
Neglected Justices: Discounting For History, G. Edward White
Neglected Justices: Discounting For History, G. Edward White
Vanderbilt Law Review
The category of "neglected Justices" presupposes meaningful baselines for evaluating judicial reputations. A Justice cannot be deemed "neglected" except against the backdrop of some purported consensus about that Justice's reputation and the reputations of other Justices. Moreover, when the category of "neglected Justices" encompasses the performance of Justices who served in different time periods, it also presupposes that evaluative baselines for Justices can retain their integrity in the face of historical change and historical contingency.
This Article argues that when one discounts for history in the process of evaluating judicial reputations, the effects of history are sufficiently powerful to throw …
William Johnson, The Dog That Did Not Bark?, Mark R. Killenbeck
William Johnson, The Dog That Did Not Bark?, Mark R. Killenbeck
Vanderbilt Law Review
The conventional wisdom is that Justice William Johnson, Jr., was the "the first dissenter." This is not literally true. The first published opinion of the Court was Georgia v. Brailsford, in which each member of the Court expressed his views seriatim. Ironically, the first to speak was the first Justice Johnson, Thomas of Maryland, whose reasoning helped create a 4-2 split that produced a number of Supreme Court firsts: the first published set of opinions, the first split decision, and the first dissent.
It was the "other" Justice Johnson, William of South Carolina, who earned the reputation as the first …
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.
Obviousness Before And After Judge Markey, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 9 (2009), Mark J. Abate
Obviousness Before And After Judge Markey, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 9 (2009), Mark J. Abate
UIC Review of Intellectual Property Law
Chief Judge Howard T. Markey left an everlasting mark on the meaning of obviousness under 35 U.S.C. § 103. Chief Judge Markey viewed all inventions as combinations of old elements because, in his own words, “Only God works from nothing. Man must work with old elements.” Chief Judge Markey’s obviousness jurisprudence can be characterized by three fundamental principles. First, he looked at an invention as a whole. Second, he looked for real world evidence of nonobviousness because it was a reliable indicator of obviousness. Third, he avoided the dangers of hindsight bias by looking for a reason to combine a …
Two Decades After Beech: Confusion Over The Admissibility Of Expert Opinions In Public Records, 42 J. Marshall L. Rev. 925 (2009), Thomas J. Mccarthy, John M. Power
Two Decades After Beech: Confusion Over The Admissibility Of Expert Opinions In Public Records, 42 J. Marshall L. Rev. 925 (2009), Thomas J. Mccarthy, John M. Power
UIC Law Review
No abstract provided.
Reframing The Independence V. Accountability Debate: Defining Judicial Structure In Light Of Judges' Courage And Integrity, David Pimentel
Reframing The Independence V. Accountability Debate: Defining Judicial Structure In Light Of Judges' Courage And Integrity, David Pimentel
Cleveland State Law Review
The perennial debate over striking the right balance between judicial independence and judicial accountability largely misses the mark. The tension between these concepts arises only in the structural sense of the terms, i.e. the conflict lies in the structural approaches traditionally taken to protect independence and to enforce accountability. In actuality, our primary concern should be the judge's own sense of independence and her internal sense of accountability. These more subjective concepts--which may be termed “judicial courage” (for the judge who is willing to act independently) and “judicial integrity” (for the judge who is willing to hold herself accountable)--do not …
Putting The Mice In Charge Of The Cheese: Why Federal Judges Cannot Always Be Trusted To Police Themselves And What Congress Can Do About It, Lara A. Bazelon
Putting The Mice In Charge Of The Cheese: Why Federal Judges Cannot Always Be Trusted To Police Themselves And What Congress Can Do About It, Lara A. Bazelon
Kentucky Law Journal
No abstract provided.
Showcase Panel Ii: Judicial Tenure: Life Tenure Or Fixed Non-Renewable Terms?, Hon. J. Harvie Wilkinson Iii, Stephen B. Burbank, Hon. Charles J. Cooper, James Lindgren, David R. Stras
Showcase Panel Ii: Judicial Tenure: Life Tenure Or Fixed Non-Renewable Terms?, Hon. J. Harvie Wilkinson Iii, Stephen B. Burbank, Hon. Charles J. Cooper, James Lindgren, David R. Stras
Barry Law Review
No abstract provided.
Aligning Judicial Elections With Our Constitutional Values: The Separation Of Powers, Judicial Free Speech, And Due Process, Jason D. Grimes
Aligning Judicial Elections With Our Constitutional Values: The Separation Of Powers, Judicial Free Speech, And Due Process, Jason D. Grimes
Cleveland State Law Review
This Note consists of five Parts. Part II traces the historical development of state judicial elections from the perspective of the Framers' doctrine of separation of powers. It shows that judicial elections were borne more of historical contingency than constitutional design. Part II then assesses the recent history of elections to the Ohio Supreme Court. It determines that Ohio's judicial elections share two problems with many other states: millions of dollars given to judicial candidates by special interests likely to appear before the court, and candidates' broad freedom of speech to earn the political and financial support of these special …