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An Opening For Quid Pro Quo Corruption? Issue Advertising In Wisconsin Judicial Races Before And After Citizens United, Christopher Terry, Mitchell T. Bard Oct 2015

An Opening For Quid Pro Quo Corruption? Issue Advertising In Wisconsin Judicial Races Before And After Citizens United, Christopher Terry, Mitchell T. Bard

The Journal of Appellate Practice and Process

No abstract provided.


Federal Judges And Presidential Power: Truman To Reagan, Craig R. Ducat, Robert L. Dudley Jul 2015

Federal Judges And Presidential Power: Truman To Reagan, Craig R. Ducat, Robert L. Dudley

Akron Law Review

While there is a considerable literature consisting of commentaries on the substance of federal court decisions about presidential power, there has been little quantitative investigation of political factors influencing judicial decision-making in those cases. Analyzing the votes cast by judges at all levels of the federal judiciary during the post-World War II era, this study examines several conventional expectations about the impact of such political factors as political party affiliation and presidential appointment, the difference between the foreign and military affairs and domestic policy areas, length of judicial tenure, and judges' possession of prior legislative or executive experience.


Education For Judicial Aspirants, Keith R. Fisher Jun 2015

Education For Judicial Aspirants, Keith R. Fisher

Akron Law Review

This article is a synthesis of the author’s work to date on the subject of Introductory Judiciary Education... This article will consider the concept of Introductory Judicial Education, its underlying rationale and purpose, and the possible curricular content of such a program.


A Past And Future Of Judicial Elections: The Case Of Montana, Anthony Johnstone Apr 2015

A Past And Future Of Judicial Elections: The Case Of Montana, Anthony Johnstone

The Journal of Appellate Practice and Process

No abstract provided.


When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen Mar 2015

When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen

Washington and Lee Law Review

Influential theories of law have celebrated judicial reason-giving as furthering a host of democratic values, including judges’ accountability, citizens’ participation in djudication, and a more accurate and transparent decision-making process. This Article has two main purposes. First, it argues that although reason-giving is important, it is often in tension with other values of the judicial process, such as guidance, sincerity, and efficiency. Reason-giving must, therefore, be balanced against these competing values. In other words, judges sometimes have reasons not to give reasons. Second, contrary to common intuition, common law and civil law systems deal with this tension between reasons for …


The Chief Justice, The Appointment Of Inferior Officers, And The "Court Of Law" Requirement, James E. Pfander Jan 2015

The Chief Justice, The Appointment Of Inferior Officers, And The "Court Of Law" Requirement, James E. Pfander

Northwestern University Law Review

In addition to his judicial duties, the Chief Justice presides over a sprawling judicial bureaucracy. Each year, the Chief fills positions within that bureaucracy, designating Article III judges to various specialty courts and appointing such officers as the director of the Administrative Office of the U.S. Courts. Although critics worry that the Chief may use his appointment role to shape Third Branch policy unduly, scholars view the role as constitutionally benign. This Article questions the Chief’s role. The Constitution authorizes Congress to vest the appointment of inferior officers in the “courts of law” but not the Chief Justice. History teaches …