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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.


Rehnquist's Fourth Amendment: Be Reasonable, Craig M. Bradley Jan 2013

Rehnquist's Fourth Amendment: Be Reasonable, Craig M. Bradley

Articles by Maurer Faculty

"The Fourth Amendment: Be Reasonable," is a chapter in a book, The Rehnquist Legacy, published by Cambridge University Press in 2006. The book is a comprehensive legal biography of the Chief Justice in which leading scholars examine his legacy in diverse areas of constitutional law, including criminal procedure. This chapter examines Rehnquist's voluminous Fourth Amendment jurisprudence. While Rehnquist has not authored any single path-breaking case in this area, the chapter shows his success, across the board, in achieving his stated goal of calling a halt to the pro-defendant rulings of the Warren Court in the criminal procedure area. However, Rehnquist …


Critical Race Empiricism: A New Means To Measure Civil Procedure, Victor D. Quintanilla Jan 2013

Critical Race Empiricism: A New Means To Measure Civil Procedure, Victor D. Quintanilla

Articles by Maurer Faculty

This article reflects the second phase in a research line examining the effects of highly subjective pleading rules, specifically, Ashcroft v. Iqbal, 556 U.S. 662 (2009), and was an invited contribution to a symposium, which explored the intersection of empirical legal methods and critical race theory. In this phase, I updated the empirical legal analysis in a prior article, Beyond Common Sense: A Social Psychological Study of Iqbal’s Effect on Claims of Race Discrimination, 17 Michigan Journal of Race and Law 1 (2011), in three ways. First, I lengthened the time horizon from 18 months to 24 months, increasing the …


Book Review. Epstein, L., Et. Al., The Behavior Of Federal Judges: A Theoretical And Empirical Study Of Rational Choice, Ashley A. Ahlbrand Jan 2013

Book Review. Epstein, L., Et. Al., The Behavior Of Federal Judges: A Theoretical And Empirical Study Of Rational Choice, Ashley A. Ahlbrand

Articles by Maurer Faculty

No abstract provided.


The Dimensions Of Judicial Impartiality, Charles G. Geyh Jan 2013

The Dimensions Of Judicial Impartiality, Charles G. Geyh

Articles by Maurer Faculty

Scholars have traditionally analyzed judicial impartiality piecemeal, in disconnected debates on discrete topics. As a consequence, current understandings of judicial impartiality are balkanized and muddled. This Article seeks to reconceptualize judicial impartiality comprehensively, across contexts. In an era when "we are all legal realists now," perfect impartiality-the complete absence of bias or prejudice-is at most an ideal; "impartial enough" has, of necessity, become the realistic goal. Understanding when imperfectly impartial is nonetheless impartial enough is aided by conceptualizing judicial impartiality in three distinct dimensions: a procedural dimension, in which impartiality affords parties a fair hearing; a political dimension, in which …


The American Judicature Society And Judicial Independence: Reflections At The Century Mark, Charles G. Geyh Jan 2013

The American Judicature Society And Judicial Independence: Reflections At The Century Mark, Charles G. Geyh

Articles by Maurer Faculty

A logical starting point in a symposium commemorating AJS at the century mark is with judicial independence – a sweeping topic with a complex architecture that gives structure to the AJS mission. The many and varied contributions that AJS has made to the administration of justice over the past one hundred years can best be understood and appreciated as means to further the overarching objective of promoting an independent and accountable judiciary.


Justice Brennan: Legacy Of A Champion, Dawn E. Johnsen Jan 2013

Justice Brennan: Legacy Of A Champion, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.


Women And Judging: A Feminist Approach To Judging And The Issue Of Customary Law (Eleventh Annual Ruth Bader Ginsburg Lecture), Susan H. Williams Jan 2013

Women And Judging: A Feminist Approach To Judging And The Issue Of Customary Law (Eleventh Annual Ruth Bader Ginsburg Lecture), Susan H. Williams

Articles by Maurer Faculty

No abstract provided.