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Articles 1 - 30 of 181
Full-Text Articles in Judges
Growth Under The Shadow Of Expropriation? The Economic Impacts Of Eminent Domain, Daniel L. Chen, Susan Yeh
Growth Under The Shadow Of Expropriation? The Economic Impacts Of Eminent Domain, Daniel L. Chen, Susan Yeh
Susan Yeh
See paper
Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma E. Marouf
Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma E. Marouf
Fatma E Marouf
A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet the Board of Immigration Appeals (BIA) has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examining of the elements of the crime with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offense are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious …
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra
Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra
Thiago Luís Santos Sombra
This essay propose an analysis about how Warren Court became one of the most particular in American History by confronting Jim Crow law, especially by applying the Bill of Rights. In this essay, we propose an analysis of how complex the unwritten Constitution is. Cases like Brown vs. Board of Education will be analyzed from a different point of view to understand the methods of the Court.
A Call For An Overhaul Of The U.S. Federal Court System, Huhnkie Lee
A Call For An Overhaul Of The U.S. Federal Court System, Huhnkie Lee
Huhnkie Lee
No abstract provided.
En El Juego De La Designación De Ministros, El Presidente Siempre Gana, Javier Martín Reyes
En El Juego De La Designación De Ministros, El Presidente Siempre Gana, Javier Martín Reyes
Javier Martín Reyes
In the Supreme Court Appointment Game, the President Always Wins
The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. Mcfarlin
The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. Mcfarlin
Jaimie K. McFarlin
This article serves to examine the role of the courthouse during the Jim Crow Era and the early stages of the Civil Rights Movement, as courthouses fulfilled their dual function of minstreling Plessy’s call for “equality under the law” and orchestrating overt segregation.
Comentario Al Reglamento Sobre El Sistema De Resolución De Controversias En Materia De Consumo, Gabriel Martinez Medrano
Comentario Al Reglamento Sobre El Sistema De Resolución De Controversias En Materia De Consumo, Gabriel Martinez Medrano
Gabriel Martinez Medrano
Comentario crítico del decreto 202/2015 (Argentina) que reglamenta el Sistema de resolucion de controversias en materia de consumo. Se critica la falta de mecanismos para la ejecución de acuerdos conciliatorios y resoluciones administrativas que reconocen derecho a los consumidores.
Stiffing The Arbitrators: The Problem Of Nonpayment In Commercial Arbitration, Brian Farkas, Neal M. Eiseman
Stiffing The Arbitrators: The Problem Of Nonpayment In Commercial Arbitration, Brian Farkas, Neal M. Eiseman
Brian Farkas
Commercial arbitration is a creature of contract; the parties are there because they choose to be, either including an arbitration clause in their written agreement or, after a dispute developed, electing to avoid litigation all together. Arbitration also comes with an up-front cost non-existent in litigation: the arbitrators. Taxpayers pay for their state and federal judges, but the parties themselves pay for their arbitrators. But what happens if one party refuses (or is otherwise unable) to pay the arbitrator? If the arbitrator then refuses to proceed, as is likely, should the dispute revert to court, in derogation of the prior …
Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys
Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys
Todd E. Pettys
In a recent, widely publicized study, a prestigious team of political scientists concluded that there is strong evidence of ideological in-group bias among the Supreme Court’s members in First Amendment free-expression cases, with the current four most conservative justices being the Roberts Court’s worst offenders. Beneath the surface of the authors’ conclusions, however, one finds a surprisingly sizable combination of coding errors, superficial case readings, and questionable judgments about litigants’ ideological affiliations. Many of those problems likely flow either from shortcomings that reportedly afflict the Supreme Court Database (the data set that nearly always provides the starting point for empirical …
Deciding, Curtis E.A. Karnow
Deciding, Curtis E.A. Karnow
Curtis E.A. Karnow
Review of cognitive fallacies judges may encounter, such as expectation fallacies, cognitive dissonance, narrative fallacies and generally problems with associative reasoning
Complexity In Litigation: A Differential Diagnosis, Curtis E.A. Karnow
Complexity In Litigation: A Differential Diagnosis, Curtis E.A. Karnow
Curtis E.A. Karnow
This note examines complex litigation with the goal of providing practical options for its management. It is written from a judge’s perspective. I review the definition of a “complex” case and explain its emphasis on the need for a judge to manage the case, with a focus on enabling settlement. I address a series of specific characteristics or aspects of complex cases, explaining how these affect the progress of the case. Then the note explores the many tools and techniques judges have to manage and ameliorate difficult aspects of complex cases. {Pre-print. Final article as published differs substantially and is …
Taking Another Look At Second-Look Sentencing, Meghan J. Ryan
Taking Another Look At Second-Look Sentencing, Meghan J. Ryan
Meghan J. Ryan
An unprecedented number of Americans are currently behind bars. Our high rate of incarceration, and the high bills that it generates for American taxpayers, has led to a number of proposals for sentencing reform. For example, a bill recently introduced in Congress would roll back federal mandatory minimum sentences for certain drug offenders, and the Obama Administration has announced a plan to grant clemency to hundreds of non-violent drug offenders. Perhaps the most revolutionary proposal, though, is one advanced by the drafters of the Model Penal Code, namely that judges be given the power to resentence offenders who have been …
El Juez Constitucional Ante El Juicio De Ponderación, Juan Luis Hernández Macías
El Juez Constitucional Ante El Juicio De Ponderación, Juan Luis Hernández Macías
Juan Luis Hernández Macías
No abstract provided.
Fearing The Bogeyman: How The Legal System's Overreaction To Perceived Danger Threatens Families And Children, David Pimentel
Fearing The Bogeyman: How The Legal System's Overreaction To Perceived Danger Threatens Families And Children, David Pimentel
David Pimentel
In the last generation, American parenting norms have shifted dramatically, reflecting a near obsession with child safety and especially the risk of stranger abduction. A growing body of literature shows, however, that the threats to children are more imagined than real, and that the effort to protect children from these “bogeymen” may be doing more harm than good. Advocates of “Free-Range” parenting argue that giving children a long leash can help them learn responsibility, explore the world outside, get physical exercise, and develop self-sufficiency. But the State, usually acting through Child Protective Services (CPS), is likely to second-guess parents’ judgments …
¿Es Posible Y Deseable Inaplicar La Jurisprudencia De La Corte?, Juan Luis Hernández Macías
¿Es Posible Y Deseable Inaplicar La Jurisprudencia De La Corte?, Juan Luis Hernández Macías
Juan Luis Hernández Macías
No abstract provided.
The Adversarial System, Three Lemons, And Cocaine: The Role Of Confirmation Bias, Curtis E.A. Karnow
The Adversarial System, Three Lemons, And Cocaine: The Role Of Confirmation Bias, Curtis E.A. Karnow
Curtis E.A. Karnow
A short note on confirmation bias and cognitive dissonance as it affects decision making by lawyers and judges.
Immigrants Unshackled: The Unconstitutional Use Of Indiscriminate Restraints, Fatma E. Marouf
Immigrants Unshackled: The Unconstitutional Use Of Indiscriminate Restraints, Fatma E. Marouf
Fatma E Marouf
This Article challenges the constitutionality of indiscriminately restraining civil immigration detainees during removal proceedings. Not only are immigration detainees routinely placed in handcuffs, leg irons, and belly chains without any individualized determination of the need for restraints, but Immigration and Customs Enforcement (ICE), the prosecuting party, makes the decisions about the use of restraints, rather than the judge. After examining the rationale for the well-established prohibition against the indiscriminate use of restraints during criminal and civil jury trials, and discussing how some courts have extended this rationale to bench trials, this Article contends that ICE’s practice violates substantive and procedural …
Comentarios Al Proyecto Sobre Justicia En Las Relaciones De Consumo, Gabriel Martinez Medrano
Comentarios Al Proyecto Sobre Justicia En Las Relaciones De Consumo, Gabriel Martinez Medrano
Gabriel Martinez Medrano
Comentario al Proyecto del P.E. Argentino sobre Justicia para las relaciones de Consumo (menor cuantía). Visión positiva del proyecto con algunas indicaciones prácticas.
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Casey J Cooper
The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not take into …
The Temptation Of Common Sense, Curtis E.A. Karnow
The Temptation Of Common Sense, Curtis E.A. Karnow
Curtis E.A. Karnow
The fallacies of invoking arguments from ‘common sense’ in legal briefs.
Impropriety’S Invisible Hand: Judicial Race And Gender Biases Within State Supreme Courts, Robert K. Christensen, John Szmer, Anthony M. Kreis
Impropriety’S Invisible Hand: Judicial Race And Gender Biases Within State Supreme Courts, Robert K. Christensen, John Szmer, Anthony M. Kreis
Robert Christensen
No abstract provided.
“Clear Beyond The Peradventure Of A Doubt,” Or, Plain English, Curtis E.A. Karnow
“Clear Beyond The Peradventure Of A Doubt,” Or, Plain English, Curtis E.A. Karnow
Curtis E.A. Karnow
The article urges judges and lawyers to write briefs and opinions in plain English. This outreach from the legal world to the public is important. As the public understands what courts do, the public will be increasingly supportive of the courts, more likely to comply with courts directives, and more likely to engage in meaningful debate concerning the justice system. In this sense, writing in plain English is a civic duty.
Conditional Release Under The Bail Reform Act: The Solution To Pretrial Detention For ‘Economic Harm’, Edward C. Nazzaro Mr.
Conditional Release Under The Bail Reform Act: The Solution To Pretrial Detention For ‘Economic Harm’, Edward C. Nazzaro Mr.
Edward C Nazzaro Mr.
This comment examines whether the language of the Federal Bail Statute and the threat of ‘economic harm’ is sufficient to take away the freedom of an accused person awaiting trial. The introduction discusses Bernard ‘Bernie’ Madoff and the conditions of pretrial release used by United States Magistrate Judges to allow Madoff to remain free until conviction. After introducing this concept with a high-profile defendant, the comment provides an overview of the Bail Reform Act and how it was changed in 1984 to include ‘danger’ as a relevant factor in pretrial detention matters, adding to the preexisting power to detain defendants …
A Free Lunch In Chicago, Curtis E.A. Karnow
A Free Lunch In Chicago, Curtis E.A. Karnow
Curtis E.A. Karnow
A discussion of the ethical issues implicated by judges’ acceptance of travel and related expenses when attending privately sponsored judicial education, including seminars offered by educational institutions.
Why The Judicial Electons Debate Matters Less Than You Think: Retention As The Cornerstone Of Independence And Accountability, Layne S. Keele
Why The Judicial Electons Debate Matters Less Than You Think: Retention As The Cornerstone Of Independence And Accountability, Layne S. Keele
Layne S. Keele
The judicial elections debate has once again claimed the national spotlight with the Supreme Court’s 2009 decision in Caperton v. A.T. Massey Coal Co. and with the 2010 electoral defeat of three Iowa Supreme Court judges who joined an opinion striking down Iowa’s law refusing to recognize same-sex marriage. Judicial election opponents generally criticize elections as interfering with judicial independence, while election advocates laud them as a means to increase judicial accountability. What can be overlooked in these debates, however, is that judicial elections are not the source of the threat to judicial independence—instead, that threat arises from re-elections, or …
Does De Jure Independence Really Matter?: A Reevaluation Of Explanations For Judicial Independence, Tom Ginsburg, James Melton
Does De Jure Independence Really Matter?: A Reevaluation Of Explanations For Judicial Independence, Tom Ginsburg, James Melton
Tom Ginsburg
The relationship between de jure and de facto judicial independence is much debated in the literature on judicial politics. Some studies find no relationship between the formal rules governing the structure of the judiciary and de facto judicial independence, while others find a tight correlation. This article sets out to reassess the relationship between de jure and de facto judicial independence using a new theory and an expanded data set. De jure institutional protections, we argue, do not work in isolation but work conjunctively, so that particular combinations of protections are more likely to be effective than others. We find …
Metaphor And Analogy: The Sun And Moon Of Legal Persuasion, Linda L. Berger
Metaphor And Analogy: The Sun And Moon Of Legal Persuasion, Linda L. Berger
Linda L. Berger
Drawing on recent studies in social cognition, decision making, and analogical processing, this article will recommend that lawyers turn to novel characterizations and metaphors to solve a particular kind of persuasion problem that is created by the way judges and juries think and decide. According to social cognition researchers, we perceive and interpret new information by following a process of schematic cognition, analogizing the new data we encounter to the knowledge structures embedded in our memories. Decision-making researchers differentiate between intuitive and reflective processes (System 1 and System 2), and they agree that in System 1 decision making, only the …
Anti-Anti-Evasion In Constitutional Law, Brannon P. Denning, Michael B. Kent Jr.
Anti-Anti-Evasion In Constitutional Law, Brannon P. Denning, Michael B. Kent Jr.
Brannon P. Denning
In a previous paper, we identified “anti-evasion doctrines” (AEDs) that the U.S. Supreme Court develops in various areas of constitutional law to prevent the circumvention of constitutional principles the Court has sought to enforce. Typically, the Court employs an AED – crafted as an ex post standard – to bolster or backstop a previously-designed decision rule – crafted as an ex ante rule – so as to prevent government officials from complying with the form of the prior rule while evading the constitutional substance the rule was designed to implement. Although AEDs present benefits and tradeoffs in constitutional doctrine, their …
Justice Stewart Meets The Press, Keith Bybee
Justice Stewart Meets The Press, Keith Bybee
Keith J. Bybee
Among the Supreme Court Justices who have articulated distinctive views of free expression, Justice Potter Stewart alone placed particular emphasis on the First Amendment's protection of a free press. Drawing upon the lessons of history, the plain language of the Constitution, the political events of his day, and his own personal experience, Stewart argued that the organized news media should be considered an essential part of the checks-and-balances competition between the legislative, executive, and judicial branches of the federal government. Stewart’s emphasis on the special structural function of the established press placed him at odds with most of his colleagues …