Judges Commons^™

An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil

William & Mary Law Review

No abstract provided.

Trends. Disclosure Of Post-9-11 Arrestees And Maslow’S Hierarchy Of Needs, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses the Maslowian hierarchy of needs in the context of 9-11 terrorist attacks and the relationship between executive and judicial branches of American government.

Constitutional Dignity And The Criminal Law, James E. Baker

Georgetown Law Faculty Publications and Other Works

Criminal law is important because it helps to define who we are as a constitutional democracy. There is much that distinguishes our form of government from others, but certainly much of that distinction is found in the Bill of Rights and in two simple words: due process. All of which help to affirm the value and sanctity of the individual in our society. Broadly then, criminal law helps to define who we are as a nation that values both order and liberty.

That is what many of the greatest judicial debates are about, like those involving Holmes, Hand, Jackson, and …

The War On Terrorism And The Constitution, Michael I. Meyerson

All Faculty Scholarship

Discussion of civil liberties during wartime often omit the fact that there can be no meaningful liberty at all if our homes and offices are bombed or our loved ones are killed or injured by acts of terror. The Government must be given the tools necessary to accomplish its vital mission. The first priority must be to win the war against terrorism. There are, however, other priorities. The United States, in its just battle for freedom, must ensure that freedom is preserved during that battle as well. Moreover, care must be taken so that an exaggerated cry of “emergency” is …

Medicaid And The Unconstitutional Dimensions Of Prior Authorization, Jagan Nicholas Ranjan

Michigan Law Review

The political outcry over prescription drug costs has been one of the most vociferous in recent memory. From tales depicting renegade seniors sneaking cheap prescriptions of Vioxx out of Tijuana across the border, to the promises of reduced prices made by front-runners during the 2000 Presidential election, the calls for lower drug prices have been forceful and demanding. This war for lower-priced pharmaceuticals fought by consumers, interest groups and politicians against the pharmaceutical industry itself has recently developed yet another front. The latest battle is over Medicaid. The new victims are the poor. Presently, federal statutory provisions in the Medicaid …

A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon

The Journal of Appellate Practice and Process

No abstract provided.

Judge, Scholar, And Friend, J. Thomas Sullivan

The Journal of Appellate Practice and Process

No abstract provided.

Eustitia: Institutionalizing Justice In The European Union, Helen E. Hartnell

Publications

The European Union is installing new infrastructure upon which to build a "genuine European area of justice. This "European judicial area" constitutes a key component of the "area of freedom, security and justice" ("AFSJ"). The Amsterdam Treaty added the AFSJ as a dimension of the Union, in order to promote the free movement of persons. "EUstitia" is a neologism that aims to capture both pragmatic and aspirational aspects of this new European governance project. The term is used here to refer solely to the civil law component of the AFSJ. This article both examines EUstitia's key features, and explores the …

Marbury And Judicial Deference: The Shadow Of Whittington V. Polk And The Maryland Judiciary Battle, Jed Handelsman Shugerman

Faculty Scholarship

On the 200th anniversary of Whittington and approaching the 200th anniversary of Marbury, this article revisits these two decisions and challenges legal scholars' assumptions that they were such strong precedents for judicial review.⁵ When one takes into account the broader contexts, both decisions were in fact judicial capitulations to aggressive legislatures and executives. The Maryland General Court asserted its judicial supremacy only in dicta, and the court failed to enforce judicial supremacy when it was legally justified. This article picks apart the court's reasoning step by step, using Whittington to illuminate Marbury and Marbury to illuminate Whittington. …

A Tribute To The Honorable Procter Hug, Jr. , Mary M. Schroeder

Nevada Law Journal

No abstract provided.

Congratulations To Judge Procter R. Hug, Jr., Melvin J. Brunetti

Nevada Law Journal

No abstract provided.

Judge Procter Hug, Jr.: Jurist, Mentor, And Stellar Human Being, Charles R. Calleros

Nevada Law Journal

No abstract provided.

Tribute Foreword, Carl Tobias

Nevada Law Journal

No abstract provided.

Congratulations To Judge Procter R. Hug, Jr., Harry Reid

Nevada Law Journal

No abstract provided.

Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History , Thomas E. Baker

Nevada Law Journal

No abstract provided.

A Tribute To The Honorable Procter Hug, Jr. , James R. Browning

Nevada Law Journal

No abstract provided.

Judge Procter Hug, Jr. And The Exercise Of Good Judgment, Carl Tobias

Nevada Law Journal

No abstract provided.

Congratulations To Judge Procter R. Hug, Jr., Barry G. Silverman

Nevada Law Journal

No abstract provided.

Chief Judge Procter Hug, Jr. And The Split That Didn't Happen, Arthur D. Hellman

Nevada Law Journal

No abstract provided.

Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Cornell Law Faculty Publications

Many people rely on mental shortcuts, or heuristics, to make complex decisions, but this sometimes leads to inaccurate inferences, or cognitive illusions. A recent study suggests such cognitive illusions influence judicial decision making.

Introduction And Table Of Contents, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Judicial Disciplinary Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Interpretation Or Regulation? Gaunt V. John Hancock Mutual Life Insurance Company, Kenneth S. Abraham

Nevada Law Journal

No abstract provided.

Emergencia, Derecho , Justicia Y Seguridad Jurídica, Horacio M. Lynch

Horacio M. LYNCH

Análisis de la respuesta judicial a la crisis económica de 2002 involucrando, entre otras, las siguientes cuestiones: los amparos, su tramitación, y sus secuelas; la declaración de la inconstitucionalidad de oficio, "órdenes imposibles de cumplir", la colisión de derechos; y cuestiones político institucionales, como la gobernabilidad y el gobierno de los jueces.

How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw Jr.

Michigan Law Review

Bismarck famously remarked: "Laws are like sausages. It's better not to see them being made." This witticism applies with peculiar force to constitutional law. Judges and commentators examine the sausage (the Supreme Court's doctrine), but ignore the messy details of its production. Maxwell Stearns has demonstrated, with brilliant originality, that the Court fashions constitutional law through process-based rules of decision such as outcome voting, stare decisis, and justiciability. Employing "social choice" economic theory, Professor Stearns argues that the Court, like all multimember decisionmaking bodies, strives to formulate rules that promote both rationality and fairness (p. 4). Viewed through the lens …

Justice White's Principled Passion For Consistency, J. Thomas Sullivan

The Journal of Appellate Practice and Process

No abstract provided.

Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater

The Journal of Appellate Practice and Process

No abstract provided.

Judges As Altruistic Hierarchs, Lynn A. Stout

Cornell Law Faculty Publications

No abstract provided.

Judges As Altruistic Hierarchs, Lynn A. Stout

William & Mary Law Review

No abstract provided.

Brief Of Conference Of Chief Justices As Amicus Curiae Supporting Respondents, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Feb. 19, 2002), ., Roy A. Schotland

U.S. Supreme Court Briefs

No abstract provided.