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Articles 1 - 30 of 51
Full-Text Articles in Judges
Family And Juvenile Law, Robert E. Shepherd Jr.
Family And Juvenile Law, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
My First Appellate Argument: It Can Only Get Better, Jon O. Newman
My First Appellate Argument: It Can Only Get Better, Jon O. Newman
The Journal of Appellate Practice and Process
No abstract provided.
Getting To Know Us: Judicial Outreach In Oregon, Mary J. Deits, Lora E. Keenan
Getting To Know Us: Judicial Outreach In Oregon, Mary J. Deits, Lora E. Keenan
The Journal of Appellate Practice and Process
No abstract provided.
The Illusion Of Devil's Advocacy: How The Justices Of The Supreme Court Foreshadow Their Decisions During Oral Argument, Sarah Levien Shullman
The Illusion Of Devil's Advocacy: How The Justices Of The Supreme Court Foreshadow Their Decisions During Oral Argument, Sarah Levien Shullman
The Journal of Appellate Practice and Process
No abstract provided.
Historical Links: The Remarkable Legacy And Legal Journey Of The Honorable Julia Cooper Mack, Inez Smith Reid
Historical Links: The Remarkable Legacy And Legal Journey Of The Honorable Julia Cooper Mack, Inez Smith Reid
University of the District of Columbia Law Review
No abstract provided.
Judicial Elections In West Virginia: By The People, For The People Or By The Powerful, For The Powerful - A Choice Must Be Made, Brian P. Anderson
Judicial Elections In West Virginia: By The People, For The People Or By The Powerful, For The Powerful - A Choice Must Be Made, Brian P. Anderson
West Virginia Law Review
No abstract provided.
Constitutional Law—Separation Of Powers—Restoring The Constitutional Formula To The Federal Judicial Appointment Process: Taking The Vice Out Of "Advice And Consent", Jason Eric Sharp
University of Arkansas at Little Rock Law Review
No abstract provided.
Does Time Eclipse Crime? Stogner V. California And The Court's Determination Of The Ex Post Facto Limitations On Retroactive Justice, Ryan D. Frei
University of Richmond Law Review
No abstract provided.
What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser
What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser
Michigan Law Review
Democracy by Decree is the latest contribution to a scholarly literature, now nearly thirty-years old, which questions whether judges have the legitimacy and the capacity to oversee the remedial phase of institutional reform litigation. Previous contributors to this literature have come out on one side or the other of the legitimacy and capacity debate. Abram Chayes, Owen Fiss, and more recently, Malcolm Feeley and Edward Rubin, have all argued that the proper role of judges is to remedy rights violations and that judges possess the legitimate institutional authority to order structural injunctions. Lon Fuller, Donald Horowitz, William Fletcher, and Gerald …
To Elect Or Not To Elect: A Case Study Ofjudicial Selection In New York City 1977-2002, Steven Zeidman
To Elect Or Not To Elect: A Case Study Ofjudicial Selection In New York City 1977-2002, Steven Zeidman
University of Michigan Journal of Law Reform
This Article examines the process of judicial selection in New York State in light of the recent court decisions in White and Spargo, which have paved the way for increased campaign speech in judicial elections. Relying on empirical data to compare judicial elections and appointments in New York City between 1977 and 2002, the Article finds that elections produce a judiciary that is more beholden to interest groups than one generated through appointments. The consequence of this greater special interest involvement is an erosion of public trust and confidence in the judiciary. Moreover while elections arguably have increased diversity in …
Dedication, Jaime L. Henshaw
Legislative Restraint In The Confirmation Process, Kenneth W. Starr
Legislative Restraint In The Confirmation Process, Kenneth W. Starr
University of Richmond Law Review
No abstract provided.
The Three Independences, H. Jefferson Powell
The Three Independences, H. Jefferson Powell
University of Richmond Law Review
No abstract provided.
Preface, Jaime L. Henshaw
Chief Justice Harry L. Carrico And The Ideal Of Judicial Independence, Rodney A. Smolla
Chief Justice Harry L. Carrico And The Ideal Of Judicial Independence, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
A Call To Arms: The Need To Protect The Independence Of The Judiciary, Harry L. Carrico
A Call To Arms: The Need To Protect The Independence Of The Judiciary, Harry L. Carrico
University of Richmond Law Review
No abstract provided.
Judicial Independence, William H. Rehnquist
Judicial Independence, William H. Rehnquist
University of Richmond Law Review
No abstract provided.
Preserving The Legacy: A Tribute To Chief Justice Harry L. Carrico, One Who Exalted Judicial Independence, Penny J. White
Preserving The Legacy: A Tribute To Chief Justice Harry L. Carrico, One Who Exalted Judicial Independence, Penny J. White
University of Richmond Law Review
No abstract provided.
Judicial Independence And The Scope Of Article Iii--A View From The Federalist, Michael G. Collins
Judicial Independence And The Scope Of Article Iii--A View From The Federalist, Michael G. Collins
University of Richmond Law Review
No abstract provided.
The Increading Politicization Of The American Judiciary: Republican Party Of Minnesota V. White And Its Effects On Future Judicial Selection In State Courts, Brendan H. Chandonnet
The Increading Politicization Of The American Judiciary: Republican Party Of Minnesota V. White And Its Effects On Future Judicial Selection In State Courts, Brendan H. Chandonnet
William & Mary Bill of Rights Journal
No abstract provided.
Judicial Discretion In Dispensing With The Service Of Process Requirement In Hong Kong Under Order 45, Rule 7(7), Simon Teng
Maryland Series in Contemporary Asian Studies
No abstract provided.
Foreword, Helen Meyer
Foreword, Helen Meyer
William Mitchell Law Review
The William Mitchell Law Review has decided once again to dedicate one issue of this annual volume to Recent Decisions of the Minnesota Supreme Court. This issue reviews some of the court’s more important decisions from the 2003-04 term. If tradition is honored, the articles and notes you find in these pages will be thorough, well-written, and thoughtful in their analysis of each decision. This annual review is a tradition that gives our legal community a wonderful opportunity to publicly comment on the work of the court. This public testing of the court’s work is a healthy part of the …
Windfall Justice: Sentences At The Mercy Of Hypertechnicality, Jack Nordby
Windfall Justice: Sentences At The Mercy Of Hypertechnicality, Jack Nordby
William Mitchell Law Review
Once upon a time (a time not so remote as to be beyond the memories of many of us who still toil in the vineyards of justice), the severity of a criminal sentence was determined largely at the whim of the trial judge, who was guided only by vague considerations of suitability. Non-premeditated murder, for example, might be punished by anything from probation to forty years in prison. A parole board exercised a similarly subjective power to temper the term with early release. Then, about a quarter century ago, the legislature created a commission to establish sentencing “guidelines,” said to …
Federalism, Through A Global Lens: A Call For Deferential Judicial Review, Alfred C. Aman
Federalism, Through A Global Lens: A Call For Deferential Judicial Review, Alfred C. Aman
Indiana Journal of Global Legal Studies
Globalization, Courts, and Judicial Power Symposium
The Advantages Of The Civil Law Judicial Design As The Model For Emerging Legal Systems, Charles H. Koch, Jr
The Advantages Of The Civil Law Judicial Design As The Model For Emerging Legal Systems, Charles H. Koch, Jr
Indiana Journal of Global Legal Studies
Globalization, Courts, and Judicial Power Symposium
Brennan Center For Justice Symposium Introduction: Diversity, Impartiality, And Representation On The Bench, Kele Williams
Brennan Center For Justice Symposium Introduction: Diversity, Impartiality, And Representation On The Bench, Kele Williams
Michigan Journal of Race and Law
As is evident from these articles, the question of judicial diversity is far more complex and nuanced than the current debate suggests. Many unanswered questions remain. The scholars in this issue and the others who presented their work at our convening have begun to reframe the debate and identify the hardest questions. We hope that this symposium issue will provoke further thought and provide a context for additional scholarship that will help us to answer those questions.
A Principled Approach To The Quest For Racial Diversity On The Judiciary, Kevin R. Johnson, Luis Fuentes-Rohwer
A Principled Approach To The Quest For Racial Diversity On The Judiciary, Kevin R. Johnson, Luis Fuentes-Rohwer
Michigan Journal of Race and Law
Part I of this Article considers the different voices and perspectives added to the judiciary by the appointment of minorities. Part II analyzes the many impacts of diversity on the bench, including greater judicial impartiality. Part III sets forth the arguments supporting a diverse jury pool and discusses how they inform the analysis of the quest for racial diversity among judges. Part IV outlines a principled approach to the pursuit of judicial diversity.
Through The Lens Of Diversity: The Fight For Judicial Elections After Republic Party Of Minnesota V. White, Sherrilyn A. Ifill
Through The Lens Of Diversity: The Fight For Judicial Elections After Republic Party Of Minnesota V. White, Sherrilyn A. Ifill
Michigan Journal of Race and Law
This Article is directed at the ongoing discussion taking place in many states and among members of the bench and bar about whether states that elect judges should switch to appointment in light of White. The author argues that states should resist what he regards as the Court's heavy-handed dicta denouncing judicial elections in White. Rather than accede to the pressure to shift from an elective to an appointive system-pressure that is being felt in several states- the author contends that states should regard the White decision as an opportunity to engage in a thorough and far-reaching review …
Does A Diverse Judiciary Attain A Rule Of Law That Is Inclusive?: What Grutter V. Bollinger Has To Say About Diversity On The Bench, Sylvia R. Lazos Vargas
Does A Diverse Judiciary Attain A Rule Of Law That Is Inclusive?: What Grutter V. Bollinger Has To Say About Diversity On The Bench, Sylvia R. Lazos Vargas
Michigan Journal of Race and Law
This Article concludes that political dialogue engendered by controversial minority judicial nominations, like those of Miguel Estrada and Janice Rogers Brown, could be an avenue to educating the polity as to why it is important to achieve greater minority representation on the bench. The pluralistic process-based model of judging advocates that a critical mass of diverse judges be achieved, not that the minority judges be liberal rather than conservative, communitarian rather than individualist, or Democrat rather than Republican. The goal is that there be a critical mass of minority judges on benches that make decisions as a group, like circuit …
Consular Absolutism: The Need For Judicial Review In The Adjudication Of Immigrant Visas For Permanent Residence, 37 J. Marshall L. Rev. 577 (2004), Maria Zas
UIC Law Review
No abstract provided.