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2013

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Institution
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Articles 1 - 30 of 295

Full-Text Articles in Judges

Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin Dec 2013

Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin

William & Mary Bill of Rights Journal

Among the creative contributions that the late Charles H. Koch, Jr., made to administrative law thinking was his exploration of the present and potential role of administrative judges as policymakers. Charles stood in firm opposition to recent trends that, in his view, had served to strengthen the policymaking role of administrative judges at the expense of agency heads. He insisted that ultimate control over the policy direction of a program should rest with the officials who have been appointed to administer that program. While adhering to this baseline, however, Charles gravitated over time toward a nuanced view that sought to …


At What Is The Supreme Court Comparatively Advantaged?, R. George Wright Dec 2013

At What Is The Supreme Court Comparatively Advantaged?, R. George Wright

West Virginia Law Review

No abstract provided.


Naalj Membership Application And Questionnaire, Tiffany Bacon Nov 2013

Naalj Membership Application And Questionnaire, Tiffany Bacon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Civil Justice Reform In Social Security Adjudications, Jeffrey S. Wolfe Nov 2013

Civil Justice Reform In Social Security Adjudications, Jeffrey S. Wolfe

Journal of the National Association of Administrative Law Judiciary

Part I of this Article explores the actions of the Social Security Administration over time, both as related directly to the role of the administrative law judge in the case management process and to the agency's management of the backlog crisis generally, examining the cultural environment of bureaucratic management that has, despite the passage of decades, failed to remedy a persistent animus between the agency and its cadre of administrative law judges to the public detriment. Part II next examines the core attributes of the managerial judge and contrasts this in Part III with the agency's handling of the backlog …


Fundamental Fairness, Judicial Efficiency And Uniformity: Revisiting The Administrative Procedure Act, Daniel F. Solomon Nov 2013

Fundamental Fairness, Judicial Efficiency And Uniformity: Revisiting The Administrative Procedure Act, Daniel F. Solomon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye Nov 2013

Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Sotomayor's Empathy Moves The Court A Step Closer To Equitable Adjudication, Veronica Couzo Nov 2013

Sotomayor's Empathy Moves The Court A Step Closer To Equitable Adjudication, Veronica Couzo

Notre Dame Law Review

On August 6, 2009, then-Judge, now-Justice, Sonia Sotomayor was confirmed as the nation’s first Latina Supreme Court Justice. While many Latinos embraced the idea of having “Sonia from the Bronx” on the bench, others were fearful that her jurisprudence, combined with her background, would result in “reverse racism.” These fears, while arguably unfounded at the time, have been completely dispelled. Just as Justice Thurgood Marshall transformed the adjudications of the Supreme Court through experiential discourse, so too, to a lesser extent, has Justice Sotomayor. In both oral arguments and written opinions, Justice Sonia Sotomayor has demonstrated educative leadership—enlightening her colleagues …


Issue 1: Annual Survey 2013 Table Of Contents Nov 2013

Issue 1: Annual Survey 2013 Table Of Contents

University of Richmond Law Review

No abstract provided.


Preface, Christopher W. Bascom Nov 2013

Preface, Christopher W. Bascom

University of Richmond Law Review

No abstract provided.


Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl Oct 2013

Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl

Touro Law Review

No abstract provided.


The Influence Of A Jewish Education And Jewish Values On A Jewish Judge, Alvin K. Hellerstein Oct 2013

The Influence Of A Jewish Education And Jewish Values On A Jewish Judge, Alvin K. Hellerstein

Touro Law Review

No abstract provided.


The Expert, Nancy Bellhouse May Oct 2013

The Expert, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


A Nonagenarian Discusses Life As A Senior Circuit Judge, Ruggero J. Aldisert Oct 2013

A Nonagenarian Discusses Life As A Senior Circuit Judge, Ruggero J. Aldisert

The Journal of Appellate Practice and Process

No abstract provided.


Naalj Membership Application And Questionnaire, Tiffany Bacon Aug 2013

Naalj Membership Application And Questionnaire, Tiffany Bacon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Reflections On The End Of The Federal Law Clerk Hiring Plan, Aaron L. Nielson Aug 2013

Reflections On The End Of The Federal Law Clerk Hiring Plan, Aaron L. Nielson

Michigan Law Review First Impressions

As applicants, federal judges, and law school career counselors everywhere frantically come to terms with the new clerkship landscape, one truth is inescapable: the Federal Law Clerk Hiring Plan ("the Plan") is dead. On January 29, 2013, the D.C. Circuit-the Plan's last and best defender-announced that it would no longer follow the Plan. The consequences of that announcement have been swift. For the last several months, months earlier than almost anyone expected, untold numbers of federal judges across the country have been rushing to hire law clerks. For these judges, the unregulated clerkship market of the pre-Plan era is back. …


The Role Of The Federal Judge In The Constitutional Structure: An Originalist Perspective, Diarmuid F. O'Scannlain Aug 2013

The Role Of The Federal Judge In The Constitutional Structure: An Originalist Perspective, Diarmuid F. O'Scannlain

San Diego Law Review

Join me now in examining some of the structural features of our Constitution. And let’s do so by focusing upon cases that have come before my court—the United States Court of Appeals for the Ninth Circuit, the second highest federal court in the land, inferior only to the Supreme Court of the United States. My goal is to present, in modest outline, an originalist perspective on the federal judge’s role, particularly my role as a circuit judge, in the constitutional order.


Holmes, Cardozo, And The Legal Realists: Early Incarnations Of Legal Pragmatism And Enterprise Liability, Edmund Ursin Aug 2013

Holmes, Cardozo, And The Legal Realists: Early Incarnations Of Legal Pragmatism And Enterprise Liability, Edmund Ursin

San Diego Law Review

The theory of enterprise liability is associated with the tort lawmaking of the liberal California Supreme Court of the 1960s and 1970s. Legal pragmatism, in turn, is associated with the conservative jurist Richard Posner. This Article explains that early incarnations of each can be found in the works of four giants in American law: Justice Oliver Wendell Holmes, Judge—later Justice—Benjamin Cardozo, and the Legal Realists Leon Green and Karl Llewellyn. As will be seen, these scholars and judges shared a common view of the lawmaking role of courts. Stated simply, this shared view was that judges are lawmakers and policy …


Justice Florence Kerins Murray: The Legacy Of A Pioneer In The Rhode Island Courts, Marian M. Desrosiers Ph.D. Jul 2013

Justice Florence Kerins Murray: The Legacy Of A Pioneer In The Rhode Island Courts, Marian M. Desrosiers Ph.D.

Journal of Interdisciplinary Feminist Thought

This essay discusses the professional and personal life of Florence Kerins Murray (1916-2004), a senator and judge, whose career had a profound effect onRhode Islandgovernment, public service, and the judiciary. The author uses twenty oral history interviews conducted by the author from 2007-12 with men and women working in the courts, in state and local governments, in public service organizations, and in the media. The research was funded by a scholar grant from the Rhode Island Council on the Humanities.


Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery, Maria Da Gloria Bonelli Jul 2013

Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery, Maria Da Gloria Bonelli

Indiana Journal of Global Legal Studies

This article examines the ways in which Brazilian lawyers and judges experience difference. It focuses on how gender and diversity intersect in identity formation among women and men in public and private practice in the state of Sdo Paulo, Brazil. In attempting not to attach one fixed meaning to the concept of difference, the research works with Avtar Brah's typology, which aids in detecting how difference is perceived and experienced by the interviewees. The results provide a look at the specificities of professional practice in the global periphery, comparing the gender composition of law firms and gender stratification within legal …


Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification, Michelle L. Jones Jul 2013

Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification, Michelle L. Jones

Indiana Law Journal

No abstract provided.


For The Times They Are A-Changin': Explaining Voting Patters Of U.S. Supreme Court Justices Through Identification Of Micro-Publics, Jeff Yates, Justin Moeller, Brian Levey Jul 2013

For The Times They Are A-Changin': Explaining Voting Patters Of U.S. Supreme Court Justices Through Identification Of Micro-Publics, Jeff Yates, Justin Moeller, Brian Levey

Brigham Young University Journal of Public Law

In assessing how social forces may shape U.S. Supreme Court Justices’ decision-making it has been presumed that there is a singular public opinion and that this opinion affects each individual Justice in largely the same fashion. We suggest that it is more likely the case that Justices’ world views are informed and shaped by a myriad of social concerns and group identities upon which the Justices structure and process their experiences and develop and refine their personal schemas. While some have already begun to question the proposition of a monolithic public opinion influence on judicial behavior and have begun to …


Lower Court Compliance With Supreme Court Remands, Elise Borochoff Jun 2013

Lower Court Compliance With Supreme Court Remands, Elise Borochoff

Touro Law Review

No abstract provided.


The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley Jun 2013

The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley

Washington International Law Journal

Professor Haley is an outstanding international and comparative law scholar, widely credited with having popularized Japanese legal studies in the United States. In 1969, Haley received a fellowship from the University of Washington and was in one of the first classes to graduate from the Asian Law Program, now, the Asian Law Center. After working for several years in law firms in Japan, he joined the law faculty at the University of Washington, where he remained for nearly twenty-six years during which time he directed the Asian and Comparative Law Program. In June 2012, Professor Haley was awarded The Order …


Technically Speaking, Does It Matter? An Empirical Study Linking The Federal Circuit Judges' Technical Backgrounds To How They Analyze The Section 112 Enablement And Written Description Requirements, Dunstan H. Barnes Jun 2013

Technically Speaking, Does It Matter? An Empirical Study Linking The Federal Circuit Judges' Technical Backgrounds To How They Analyze The Section 112 Enablement And Written Description Requirements, Dunstan H. Barnes

Chicago-Kent Law Review

Patent cases are decided exclusively by federal judges, who—unlike patent attorneys appearing before the United States Patent and Trademark Office—are not required to have any scientific or technical qualifications. The present empirical study explores whether there is a correlation between the technical backgrounds of judges on the United States Court of Appeals for the Federal Circuit and these judges’ analysis of the enablement and written description patent requirements under 35 U.S.C. § 112. The results indicate that Federal Circuit judges with technical backgrounds are more likely than their non-technical peers to reverse lower courts, but not significantly more likely to …


The Small Claims Court: Justice For The Poor Or Convenience For The Businessman, Charles T. Eye May 2013

The Small Claims Court: Justice For The Poor Or Convenience For The Businessman, Charles T. Eye

Pepperdine Law Review

No abstract provided.


Judges “On The Take:” A Formula For Financial Security , Harry A. Halkowich May 2013

Judges “On The Take:” A Formula For Financial Security , Harry A. Halkowich

Pepperdine Law Review

No abstract provided.


Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons May 2013

Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons

Pepperdine Law Review

No abstract provided.


Book Review: The Judicial Record Of Justice William O. Douglas, Duane Faw May 2013

Book Review: The Judicial Record Of Justice William O. Douglas, Duane Faw

Pepperdine Law Review

No abstract provided.


Statement Of The Association Of Administrative Law Judges, Inc., Officers And Board May 2013

Statement Of The Association Of Administrative Law Judges, Inc., Officers And Board

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Hearings: State Central Panels In The 1990s, Allen Hoberg May 2013

Administrative Hearings: State Central Panels In The 1990s, Allen Hoberg

Journal of the National Association of Administrative Law Judiciary

No abstract provided.