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2006

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Articles 1 - 30 of 170

Full-Text Articles in Judges

International Trade In The San Bernardino Region: Transportation, Trends, And Employment, Mirya R. Holman, Travis Coan Dec 2006

International Trade In The San Bernardino Region: Transportation, Trends, And Employment, Mirya R. Holman, Travis Coan

Mirya R Holman

International trade presents significant employment, growth, and revenue opportunities for the San Bernardino region, which encompasses San Bernardino County and several cities in Riverside County and is located to the immediate east of Los Angeles County. Proximity to the San Pedro Bay Port complex (which includes the Ports of Los Angeles and Long Beach) and access to a transportation and logistics network expanding out across the U.S., makes the San Bernardino region a prime location for companies participating in international trade activity. The purpose of this report is to quantify trade activity in the region, while also estimating the ...


Inside The Bankruptcy Judge's Mind, Jeffrey J. Rachlinski, Chris Guthrie, Andrew J. Wistrich Dec 2006

Inside The Bankruptcy Judge's Mind, Jeffrey J. Rachlinski, Chris Guthrie, Andrew J. Wistrich

Cornell Law Faculty Publications

In this paper, we extend our prior work on generalist judges to explore whether specialization leads to superior judicial decision making. To do so, we report the results of a study of federal bankruptcy judges. In one prior study of bankruptcy judges, Ted Eisenberg reported evidence suggesting that bankruptcy judges, like generalist judges, are susceptible to the "self-serving" or "egocentric" bias when making judgments. Here, we report evidence showing that bankruptcy judges are vulnerable to anchoring and framing effects, but appear largely unaffected by the omission bias, a debtor's race, a debtor's apology, and "terror management" or "mortality ...


Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha Nov 2006

Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Não admira que haja atritos, incompreensões, entre as religiões e os poderes. Porque, antes de mais, foi preciso a uns e a outros comprimirem-se para darem lugar (espaço, mesmo) ao outro tipo de normatividade e de poder. Em muitos casos históricos se terá começado com um poder de índole teocrática. E só com o tempo e o progresso social e político se passaria a admitir a cisão do mando, num ramo secular e num ramo sacral. O grande problema do tratamento da questão religiosa do ponto de vista dos Direitos Humanos, é que se trata, no limite, de pôr uma ...


Edward R. Becker: A Man In Full, Stephen B. Burbank Nov 2006

Edward R. Becker: A Man In Full, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell Nov 2006

First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell

University of Richmond Law Review

No abstract provided.


Issue 1: Annual Survey 2006 Table Of Contents Nov 2006

Issue 1: Annual Survey 2006 Table Of Contents

University of Richmond Law Review

No abstract provided.


Reassessing Charitable Immunity In Virginia, Carl Tobias Nov 2006

Reassessing Charitable Immunity In Virginia, Carl Tobias

University of Richmond Law Review

No abstract provided.


Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy Nov 2006

Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy

Boston College Law School Faculty Papers

In this article the author explores how domestic violence prevention efforts have been adversely impacted by the Supreme Court’s new “testimonial” approach to the confrontation clause. Examining the Court’s trilogy of cases from Crawford to Davis and Hammon, the author argues that the introduction of certain forms of hearsay in criminal cases has been drastically limited by the court’s new originalist approach to the Sixth Amendment. The author explains how state spousal privilege statutes often present a significant barrier to obtaining live testimony from victims of domestic violence. The author then argues that state legislatures should reconsider ...


Ethical Judicial Writing—Part I, Gerald Lebovits Oct 2006

Ethical Judicial Writing—Part I, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


The Measure Of The Doubt: Dissent, Indeterminacy, And Interpretation At The Federal Circuit, Jeffrey A. Lefstin Oct 2006

The Measure Of The Doubt: Dissent, Indeterminacy, And Interpretation At The Federal Circuit, Jeffrey A. Lefstin

ExpressO

The law of patent claim interpretation articulated by the United States Court of Appeals for the Federal Circuit is commonly supposed to be markedly indeterminate, and to be responsible for a lack of certainty and predictability in patent infringement litigation. But there has been no attempt to measure objectively the indeterminacy associated with patent claim interpretation, or, for that matter, of any other field of law. This Article shows that under appropriate conditions the indeterminacy of a legal regime may be measured empirically by the frequency of judicial dissents. Application of this method to the Federal Circuit's jurisprudence demonstrates ...


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


I Accuse...! A Letter To The Honorable Clarence Thomas, Donald E. Wilkes Jr. Oct 2006

I Accuse...! A Letter To The Honorable Clarence Thomas, Donald E. Wilkes Jr.

Popular Media

My dear Mr. Justice Thomas,

With all respect, will you permit me to express candidly my concerns about your proclivity for demeaning human rights? Will you allow me to tell you frankly, sir, that because of your relentless hostility to human rights claims you are a painful embarrassment to the Court you sit on, to America's heritage of liberty, and to the rule of law?


Protecting Your Personal Privacy: A Self-Help Guide For Judges And Their Families (2006), Chicago Bar Association’S Privacy Task Force, John Marshall Law School Center For Information Technology & Privacy Law, Leslie Ann Reis Oct 2006

Protecting Your Personal Privacy: A Self-Help Guide For Judges And Their Families (2006), Chicago Bar Association’S Privacy Task Force, John Marshall Law School Center For Information Technology & Privacy Law, Leslie Ann Reis

Center and Clinic White Papers

“I believe that the Internet is a brave new world in the matter of judicial security.” – Testimony of Joan H. Lefkow, United States District Judge, before the Judiciary Committee of the United States Senate (May 18, 2005).

Your personal information may be no farther away than a mouse-click... Your name, locations of your home and workplace, your phone number and email address, details of your family members, your political leanings and many more pieces of information are available through a wide array of public and private sources. But, this is nothing new. Some personal information about you has always been ...


Retired And Working, Roger Philip Kerans Oct 2006

Retired And Working, Roger Philip Kerans

The Journal of Appellate Practice and Process

No abstract provided.


A Firm Foundation For Life After The Bench, Vincent L. Mckusick Oct 2006

A Firm Foundation For Life After The Bench, Vincent L. Mckusick

The Journal of Appellate Practice and Process

No abstract provided.


A Favorite, Nancy Bellhouse May Oct 2006

A Favorite, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


Preface, D. P. Marshall Jr. Oct 2006

Preface, D. P. Marshall Jr.

The Journal of Appellate Practice and Process

No abstract provided.


All Right, Retired Judges, Write!, Ruggero J. Aldisert Oct 2006

All Right, Retired Judges, Write!, Ruggero J. Aldisert

The Journal of Appellate Practice and Process

No abstract provided.


Transitioning, Frank M. Coffin Oct 2006

Transitioning, Frank M. Coffin

The Journal of Appellate Practice and Process

No abstract provided.


One Judge's Journey, Janine P. Geske Oct 2006

One Judge's Journey, Janine P. Geske

The Journal of Appellate Practice and Process

No abstract provided.


Stepping Down, D. Brock Hornby Oct 2006

Stepping Down, D. Brock Hornby

The Journal of Appellate Practice and Process

No abstract provided.


Distinguishing Certification From Abstention In Diversity Cases: Postponement Versus Abdication Of The Duty To Exercise Jurisdiction, Deborah J. Challener Sep 2006

Distinguishing Certification From Abstention In Diversity Cases: Postponement Versus Abdication Of The Duty To Exercise Jurisdiction, Deborah J. Challener

ExpressO

When a federal court grants an abstention-based dismissal in a diversity case, the court abdicates its strict duty to exercise its jurisdiction where that jurisdiction has been properly invoked. Thus, a federal court may not dismiss a case on abstention grounds unless it concludes that "exceptional circumstances" require the dismissal. When a federal court grants an abstention-based stay in a diversity case, however, the court does not violate its jurisdictional duty. According to the Supreme Court, an abstention-based stay is merely a postponement of the exercise of jurisdiction. Although the Court has characterized an abstention-based stay as a delay rather ...


Judicial Independence: A Cornerstone Of Liberty, Michael Traynor Sep 2006

Judicial Independence: A Cornerstone Of Liberty, Michael Traynor

The Jesse Carter Distinguished Lecture Series

Michael Traynor, president of the American Law Institute and senior counsel at Cooley Godward LLP, spoke as part of the Jesse Carter Distinguished Lecture Series.


Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian R. Gallini, Emily Q. Shults Sep 2006

Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian R. Gallini, Emily Q. Shults

ExpressO

The Article argues in favor of shifting the balance in federal sentencing toward a more indeterminate system. By exploring the post-Booker legal landscape at both the federal and state levels, the Article asserts that the judiciary's continued reliance on the “advisory" Guidelines has practically changed federal sentencing procedures very little in form or function. Accordingly, the Article proffers that, rather than insisting upon the Guidelines' immutability, federal sentencing would do well to reflect upon its own history, and the evolution of its state counterparts.


Ethical Judicial Opinion Writing, Gerald Lebovits Sep 2006

Ethical Judicial Opinion Writing, Gerald Lebovits

ExpressO

This article explores an important topic about which almost nothing has been written: How to write an honest judicial opinion.


Radicals In Robes: A Review, Dru Stevenson Sep 2006

Radicals In Robes: A Review, Dru Stevenson

ExpressO

This essay reviews and critiques Cass Sunstein’s new book about conservative activists in the federal judiciary. After a discussion of Sunstein’s (somewhat misleading) rhetorical nomenclature, this essay argues that Sunstein’s proposed “minimalist” methodology in constitutional jurisprudence is beneficial, but not for the reasons Sunstein suggests. Sunstein alternatively justifies judicial restraint or incrementalism on epistemological self-doubt (cautiousness being an outgrowth of uncertainty) and his fear that accomplishments by Progressives in the last century will be undone by conservative judges in the present. Constitutional incrementalism is more convincingly justified on classical economic grounds. While affirming Sunstein’s overall thesis ...


When Should Judges Appoint Experts?: A Law And Economics Perspective, Jonathan T. Tomlin, David Cooper Sep 2006

When Should Judges Appoint Experts?: A Law And Economics Perspective, Jonathan T. Tomlin, David Cooper

ExpressO

The Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals placed federal judges in the role of “gatekeepers” empowered to evaluate the reliability of often complex expert testimony. Many judges, commentators, and legal scholars have argued that court-appointed experts can assist judges in appropriately carrying out their gatekeeping role. However, previous literature has not evaluated the role of court-appointed experts in a rigorous framework that considers the complex interaction of the incentives of expert witnesses, the impact of expert witnesses on the decision-making of the fact finder, and the knowledge of the judge. In this article, we provide such ...


A Defense Of Structural Injunctive Remedies In South African Law, Danielle E. Hirsch Sep 2006

A Defense Of Structural Injunctive Remedies In South African Law, Danielle E. Hirsch

ExpressO

This Article argues that the use of structural injunction remedies by South African courts is appropriate, and, in light of demonstrated government inaction, often necessary in order to give meaning to the protection of socio-economic rights, which is mandated by their Constitution. The Article draws upon numerous United States judicial decisions where structural injunctions have been successfully implemented to address systemic institutional inaction and violations of the equal protection and due process clauses of the United States Constitution. In numerous instances, the South African government has not acted to effectively give meaning to the socio-economic rights which were broadly declared ...


Searches & The Misunderstood History Of Suspicion & Probable Cause: Part One, Fabio Arcila Sep 2006

Searches & The Misunderstood History Of Suspicion & Probable Cause: Part One, Fabio Arcila

ExpressO

This article, the first of a two-part series, argues that during the Framers’ era many if not most judges believed they could issue search warrants without independently assessing the adequacy of probable cause, and that this view persisted even after the Fourth Amendment became effective. This argument challenges the leading originalist account of the Fourth Amendment, which Professor Thomas Davies published in the Michigan Law Review in 1999.

The focus in this first article is upon an analysis of the common law and how it reflected the Fourth Amendment’s restrictions. Learned treatises in particular, and to a lesser extent ...


But What Will They Do Without Unpublished Opinions?: Some Alternatives For Dealing With The Ninth Circuit's Massive Caseload Post F.R.A.P. 32.1, Bryan Wright Sep 2006

But What Will They Do Without Unpublished Opinions?: Some Alternatives For Dealing With The Ninth Circuit's Massive Caseload Post F.R.A.P. 32.1, Bryan Wright

Nevada Law Journal

No abstract provided.