Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Alabama v. Holder (1)
- Arizona v. United States (1)
- Article III (1)
- Babe Ruth (1)
- Baseball (1)
-
- Circuit effect (1)
- Class (1)
- Commercial speech (1)
- Competing values based on state connections (1)
- Diverse geographic representation for judicial selection (1)
- Diversity jurisdiction (1)
- Equality (1)
- Experiential bias (1)
- Eyewitness testimony (1)
- Fair judicial system (1)
- Federalism and geography (1)
- Fisher v. University of Texas at Austin (1)
- Gender (1)
- Geographic identity (1)
- Geographical bias (1)
- Group equality principle (1)
- Grutter v. Bollinger (1)
- Identity traits creating a bias (1)
- Individual equality principle (1)
- Institutional bias (1)
- John Paul Stevens (1)
- Judges (1)
- Judicial bias (1)
- Judicial objectivity (1)
- Judiciary (1)
Articles 1 - 4 of 4
Full-Text Articles in Judges
Judging And Baseball, Merritt E. Mcalister
Judging And Baseball, Merritt E. Mcalister
UF Law Faculty Publications
No abstract provided.
Underinclusivity And The First Amendment: The Legislative Right To Nibble At Problems After Williams-Yulee, Clay Calvert
Underinclusivity And The First Amendment: The Legislative Right To Nibble At Problems After Williams-Yulee, Clay Calvert
UF Law Faculty Publications
Using the U.S. Supreme Court’s 2015 opinion in Williams-Yulee v. Florida Bar as an analytical springboard, this Article examines the slipperiness — and sometimes fatalness — of the underinclusiveness doctrine in First Amendment free-speech jurisprudence. The doctrine allows lawmakers, at least in some instances, to take incremental, step-by-step measures to address harms caused by speech, rather than requiring an all-out, blanket-coverage approach. Yet, if the legislative tack taken is too small to ameliorate the harm that animates a state’s alleged regulatory interest, it could doom the statute for failing to directly advance it. In brief, the doctrine of underinclusivity requires …
Federalism, Diversity, Equality, And Article Iii Judges: Geography, Identity, And Bias, Sharon E. Rush
Federalism, Diversity, Equality, And Article Iii Judges: Geography, Identity, And Bias, Sharon E. Rush
UF Law Faculty Publications
Each individual has a background, and that background shapes the individual’s views about life, creating an inevitable form of bias referred to as “experiential bias.” Experiential bias is shaped by many identity traits, including, among others, race, sex, sexual orientation, religion and even geography. The geographic identity of state judges and their potential unfair experiential bias is the common justification for federal court diversity jurisdiction. But experiential bias is inescapable, affecting everyone who's ever had an experience, and is generally not unfair, as demonstrated by most studies regarding the "fairness" justification for diversity jurisdiction. More recently, Justice O’Connor connected racial …
Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren Lenard Hutchinson
Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren Lenard Hutchinson
UF Law Faculty Publications
Proceedings of a criminal trial in Dallas, Texas, demonstrate the vulnerability of LGBT individuals to judicial bias. Although the jury convicted the defendant of murdering two gay males, the judge explained his light sentence: "I put prostitutes and gays at about the same level, and I'd be hard put to give somebody life for killing a prostitute . . . had [the victims] not been out there trying to spread AIDS, they'd still be alive today . . . These two guys that got killed wouldn't have been killed if they hadn't been cruising the streets picking up teen-age boys …