Open Access. Powered by Scholars. Published by Universities.®

Judges Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 35

Full-Text Articles in Judges

Supreme Court Institute Annual Report, 2014-2015, Georgetown University Law Center, Supreme Court Institute May 2015

Supreme Court Institute Annual Report, 2014-2015, Georgetown University Law Center, Supreme Court Institute

SCI Papers & Reports

During the 2014-2015 academic year-–corresponding to the U.S. Supreme Court’s October Term (OT) 2014-–the Supreme Court Institute (SCI) provided moot courts for advocates in 100% of the cases heard by the Supreme Court, offered a variety of programs related to the Supreme Court, and continued to integrate the moot court program into the education of Georgetown Law students. A list of all SCI moot courts held in OT 2014-–arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of observers-–follows the narrative portion of ...


The Abiding Exceptionalism Of Foreign Relations Doctrine, Carlos Manuel Vázquez Jan 2015

The Abiding Exceptionalism Of Foreign Relations Doctrine, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

In their article The Normalization of Foreign Relations Law, Professors Ganesh Sitaraman and Ingrid Wuerth argue that “[foreign affairs] exceptionalism . . . is now exceptional,” and that this is a good thing. I agree with much of the authors’ normative argument for “normalization” of foreign affairs doctrine (as they define the term). But the authors overstate the extent to which such normalization has already occurred. There have indeed been some recent Supreme Court decisions that seem to lack the exceptional deference to the Executive that had characterized judicial decisionmaking in the foreign affairs area in previous years. But foreign affairs doctrine remains ...


Unwrapping The Box The Supreme Court Justices Have Gotten Themselves Into: Internal Confrontations Over Confronting The Confrontation Clause, Paul F. Rothstein Jan 2015

Unwrapping The Box The Supreme Court Justices Have Gotten Themselves Into: Internal Confrontations Over Confronting The Confrontation Clause, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Williams v. Illinois, handed down in 2012, is the latest in a new and revolutionary line of U.S. Supreme Court cases beginning with the 2004 decision of Crawford v. Washington which radically altered the Court's former approach to the Constitutional Confrontation Clause. That clause generally requires persons who make written or oral statements outside the trial, that may constitute evidence against a criminal defendant, to take the witness stand for cross-examination rather than those statements being presented at the trial only by the writing or by another person who heard the statement.

Previous to Crawford, under Ohio v ...


Two Excursions Into Current U.S. Supreme Court Opinion-Writing, Paul F. Rothstein Jan 2015

Two Excursions Into Current U.S. Supreme Court Opinion-Writing, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

In the last weeks in June, 2015, as the present term of the U.S. Supreme Court drew to a close, many controversial and important decisions were handed down by the Court. The substance of the decisions has been written about extensively. Two of the decisions in particular, though, caught my eye as a teacher of legal techniques, not for the importance of the subject of the particular decision, but for what they may illustrate in a teachable fashion about at least some opinion writing. The two cases are Ohio v. Clark (June 18, 2015) interpreting the Confrontation Clause of ...


Supreme Court Institute Annual Report, 2013-2014, Georgetown University Law Center, Supreme Court Institute May 2014

Supreme Court Institute Annual Report, 2013-2014, Georgetown University Law Center, Supreme Court Institute

SCI Papers & Reports

During the 2013-2014 academic year–corresponding to the U.S. Supreme Court’s October Term (OT) 2013–the Supreme Court Institute (SCI) provided moot courts for advocates in 96% of the cases heard by the Court this Term, offered a variety of programs related to the Supreme Court, and further integrated the moot court program into the education of Georgetown Law students. A list of all SCI moot courts held in OT 2013–arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of student observers–follows the narrative portion ...


Supreme Court Of The United States, October Term 2014 Preview, Georgetown University Law Center, Supreme Court Institute Jan 2014

Supreme Court Of The United States, October Term 2014 Preview, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Bond V. United States: Concurring In The Judgment, Nicholas Quinn Rosenkranz Jan 2014

Bond V. United States: Concurring In The Judgment, Nicholas Quinn Rosenkranz

Georgetown Law Faculty Publications and Other Works

Bond v. United States presented the deep constitutional question of whether a treaty can increase the legislative power of Congress. Unfortunately, a majority of the Court managed to sidestep the constitutional issue by dodgy statutory interpretation. But the other three Justices—Scalia, Thomas, and Alito—all wrote important concurrences in the judgment, grappling with the constitutional issues presented. In particular, Justice Scalia’s opinion (joined by Justice Thomas), is a masterpiece, eloquently demonstrating that Missouri v. Holland is wrong and should be overruled: a treaty cannot increase the legislative power of Congress.


Supreme Court Institute Annual Report, 2012-2013, Georgetown University Law Center, Supreme Court Institute May 2013

Supreme Court Institute Annual Report, 2012-2013, Georgetown University Law Center, Supreme Court Institute

SCI Papers & Reports

During the 2012-2013 academic year–corresponding to the U.S. Supreme Court’s October Term (OT) 2012–the Supreme Court Institute (SCI) provided moot courts for advocates in 100% of the cases heard by the Court this Term, offered a variety of programs related to the Supreme Court, and hosted several delegations of foreign visitors. A list of all SCI moot courts held in OT 2012–arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of student observers–follows the narrative portion of this report.


Supreme Court Of The United States, October Term 2013 Preview, Georgetown University Law Center, Supreme Court Institute Jan 2013

Supreme Court Of The United States, October Term 2013 Preview, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Supreme Court Institute Annual Report, 2011-2012, Georgetown University Law Center, Supreme Court Institute May 2012

Supreme Court Institute Annual Report, 2011-2012, Georgetown University Law Center, Supreme Court Institute

SCI Papers & Reports

During the 2011-2012 academic year--corresponding to the U.S. Supreme Court’s October Term (OT) 2011--the Supreme Court Institute (SCI) provided moot courts for advocates in over 94% of the cases heard by the Court this Term and offered over a dozen programs related to the Supreme Court. All SCI moot courts held in OT 2011, listed by sitting and date of moot, and including the name and affiliation of each advocate and the number of student observers, follows the narrative portion of this report.


Supreme Court Of The United States, October Term 2011 Preview, Update: January 3, 2012, Georgetown University Law Center, Supreme Court Institute Jan 2012

Supreme Court Of The United States, October Term 2011 Preview, Update: January 3, 2012, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Supreme Court Of The United States, October Term 2012 Preview, Georgetown University Law Center, Supreme Court Institute Jan 2012

Supreme Court Of The United States, October Term 2012 Preview, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Law Review Scholarship In The Eyes Of The Twenty-First Century Supreme Court Justices: An Empirical Analysis, Brent Newton Jan 2012

Law Review Scholarship In The Eyes Of The Twenty-First Century Supreme Court Justices: An Empirical Analysis, Brent Newton

Georgetown Law Faculty Publications and Other Works

An analysis of the twenty-first century Justices’ citations of law review scholarship—how often they cite articles, the professional identities of authors of the cited articles, and the rankings of the law reviews in which the cited articles appear—provides an excellent prism through which to assess today’s law reviews. In addition to having had varied and rich legal careers as practitioners, policy-makers, and lower court judges, the majority of the current Justices were, at earlier points in their careers, full-time law professors. Presumably, the Justices are able to separate the wheat from the chaff in the law reviews ...


The Disdain Campaign, Randy E. Barnett Jan 2012

The Disdain Campaign, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

A response to Pamela S. Karlan, The Supreme Court 2011 Term Forward: Democracy and Disdain, 126 Harv. L. Rev. 1 (2012).

In her Foreword, Professor Pamela Karlan offers a quite remarkable critique of the conservative Justices on the Supreme Court. She faults them not so much for the doctrines they purport to follow, or outcomes they reach, but for the attitude they allegedly manifest toward Congress and the people. “My focus here is not so much on the content of the doctrine but on the character of the analysis.” She describes Chief Justice Roberts’s opinion of the Court as ...


Supreme Court Of The United States, October Term 2011 Preview, Georgetown University Law Center, Supreme Court Institute Sep 2011

Supreme Court Of The United States, October Term 2011 Preview, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Pliva V. Mensing And Its Implications, Brian Wolfman, Dena Feldman Sep 2011

Pliva V. Mensing And Its Implications, Brian Wolfman, Dena Feldman

Georgetown Law Faculty Publications and Other Works

The U.S. Supreme Court ruling in PLIVA Inc. v. Mensing will immunize generic drug manufacturers facing failure-to-warn claims from state-law liability, and may also have implications for preemption jurisprudence more generally, says attorney Brian Wolfman and co-author Dena Feldman in this BNA Insight. The authors analyze the ruling, and offer their views on the questions that PLIVA raises about the ongoing vitality of the presumption against preemption, the standard for determining ‘‘impossibility’’ preemption, and the propriety of deference to an agency’s views on preemption.


Supreme Court Institute Annual Report, 2010-2011, Georgetown University Law Center, Supreme Court Institute Jan 2011

Supreme Court Institute Annual Report, 2010-2011, Georgetown University Law Center, Supreme Court Institute

SCI Papers & Reports

During the 2010-2011 academic year--corresponding to the U.S. Supreme Court’s October Term (OT) 2010--the Supreme Court Institute (SCI) provided moot courts for advocates in over 93% of the cases heard by the Court this Term; sponsored a range of programming related to the Supreme Court; and hosted delegations of lawyers and judges visiting from Britain, Rwanda, Kosovo, Korea, China, and Germany. A list of all SCI moot courts held in OT 2010, listed by sitting and date of moot and including the name and affiliation of each advocate and the number of student observers, follows the narrative portion ...


Remarks By Dean William M. Treanor, William Michael Treanor Jan 2011

Remarks By Dean William M. Treanor, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Attorney General Levy produced a list of candidates for President Ford and it seems clear he particularly highlighted then-Judge Stevens. President Ford took the list, he read some of then-Judge Stevens’s opinions which he pronounced concise, persuasive, and legally sound. He slept on his decision and the following day he nominated Justice Stevens, who was confirmed within three weeks ninety-eight to nothing. So it was a very different world, but it’s also a testament to Justice Stevens and the respect that he held in the bench and the bar at that time.

Justice Stevens’s legacy on the ...


Supreme Court Of The United States, October Term 2010 Preview, Update: December 7, 2010, Georgetown University Law Center, Supreme Court Institute Dec 2010

Supreme Court Of The United States, October Term 2010 Preview, Update: December 7, 2010, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Supreme Court Of The United States, October Term 2010 Preview, Georgetown University Law Center, Supreme Court Institute Sep 2010

Supreme Court Of The United States, October Term 2010 Preview, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Supreme Court Of The United States, October Term 2009 Preview, Update: February 22, 2010, Georgetown University Law Center, Supreme Court Institute Feb 2010

Supreme Court Of The United States, October Term 2009 Preview, Update: February 22, 2010, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Supreme Court Of The United States, October Term 2009 Preview, Update: October 26, 2009, Georgetown University Law Center, Supreme Court Institute Oct 2009

Supreme Court Of The United States, October Term 2009 Preview, Update: October 26, 2009, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Supreme Court Of The United States, October Term 2009 Preview, Georgetown University Law Center, Supreme Court Institute, Amanda M. Boote Sep 2009

Supreme Court Of The United States, October Term 2009 Preview, Georgetown University Law Center, Supreme Court Institute, Amanda M. Boote

Supreme Court Overviews

No abstract provided.


Celebrating Thurgood Marshall: The Prophetic Dissenter, Susan Low Bloch Jan 2009

Celebrating Thurgood Marshall: The Prophetic Dissenter, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

Thurgood Marshall was born 100 years ago into a country substantially divided along color lines. Marshall could not attend the University of Maryland School of Law because he was a Negro; he had trouble locating bathrooms that were not for “whites only.” Today, by contrast, we celebrate his life and accomplishments. Broadway has a play called Thurgood devoted to him; Baltimore/Washington International Airport is now BWI Thurgood Marshall Airport; even the University of Maryland renamed its law library in his honor. How did we come this far? How far do we still have to go? This article will consider ...


Supreme Court Of The United States, October Term 2007 Preview, Georgetown University Law Center, Supreme Court Institute, Rupal Doshi Jul 2007

Supreme Court Of The United States, October Term 2007 Preview, Georgetown University Law Center, Supreme Court Institute, Rupal Doshi

Supreme Court Overviews

No abstract provided.


Supreme Court Of The United States, October Term 2005 Overview, Georgetown University Law Center, Supreme Court Institute, Rebecca Cady Jun 2006

Supreme Court Of The United States, October Term 2005 Overview, Georgetown University Law Center, Supreme Court Institute, Rebecca Cady

Supreme Court Overviews

No abstract provided.


Supreme Court Overview, October Term 2004, Georgetown University Law Center, Supreme Court Institute, Kelly Falls Jun 2005

Supreme Court Overview, October Term 2004, Georgetown University Law Center, Supreme Court Institute, Kelly Falls

Supreme Court Overviews

No abstract provided.


Supreme Court Statistical Overview, October Term 2003, Georgetown University Law Center, Supreme Court Institute, Liz Hollander Jun 2004

Supreme Court Statistical Overview, October Term 2003, Georgetown University Law Center, Supreme Court Institute, Liz Hollander

Supreme Court Overviews

No abstract provided.


Reconstructing The Rule Of Law, Robin West Jan 2001

Reconstructing The Rule Of Law, Robin West

Georgetown Law Faculty Publications and Other Works

The action taken in Bush v. Gore by the five conservative Justices on the United States Supreme Court, Bugliosi argued, was not just wrong as a matter of law, but criminal: It was a malem in se, fully intended, premeditated theft of a national election for the Presidency of the United States. Now, as Balkan and Levinson would argue, this seventh, "prosecutorial" response -- that the Court's action was not just wrong but criminal -- is also not available to a devotee of either radical or moderate indeterminacy. Even assuming both criminal intent and severe harm-a wrongful, specific intent to thwart ...


The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor Jan 1994

The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

For over one hundred years, scholars have closely studied the handful of cases in which state courts, in the years before the Federal Constitutional Convention, confronted the question whether they had the power to declare laws invalid. Interest in these early cases began in the late nineteenth century as one aspect of the larger debate about the legitimacy of judicial review, a debate triggered by the increasing frequency with which the Supreme Court and state courts were invalidating economic and social legislation. The lawyers, political scientists, and historians who initially unearthed the case law from the 1770s and 1780s used ...