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Judges Commons

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Full-Text Articles in Judges

Howard T. Markey, Sherman L. Cohn Jan 2007

Howard T. Markey, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

Chief Judge, jet test pilot and Air Force General, lead partner in a highly-respected law firm, law teacher, law dean and sought-after lecturer, Howard T. Markey packed into a single life four distinguished careers, any one of which would merit biographical attention. His early years, however, did not show the promise of what later occurred - or perhaps it did.


Process Theory, Majoritarianism, And The Original Understanding, William Michael Treanor Jan 2007

Process Theory, Majoritarianism, And The Original Understanding, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

In Radicals in Robes, Cass Sunstein posits that there are four primary approaches to constitutional interpretation: perfectionism, majoritarianism, minimalism, and fundamentalism.' The purpose of his eloquent and compelling book is twofold: Sunstein argues for minimalism, an approach that he contends makes most sense for America today; and with even greater force, Sunstein argues against fundamentalism, which he finds "wrong, dangerous, radical, and occasionally hypocritical."' The "Radicals in Robes" who are the targets of Sunstein's book are judges who embrace fundamentalism, which, in his view, embodies "the views of the extreme wing of [the] Republican Party."'

In Securing Constitutional Democracy: The …


A Tribute To Hon. George Bundy Smith: Welcome And Introduction, William Michael Treanor Jan 2007

A Tribute To Hon. George Bundy Smith: Welcome And Introduction, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Opening remarks at ceremony honoring Judge George Bundy Smith, including anecdotes from past students, an overview of Judge Smith’s career and accomplishments, and a recognition of distinguished guests in the audience.


Judge Marilyn Hall Patel: A Dedication, William Michael Treanor Jan 2007

Judge Marilyn Hall Patel: A Dedication, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Judge Patel is known as a judge of the greatest independence and integrity, and her opinions reflect both her concern with the judicial craft and her inspiring commitment to justice and fairness. During her tenure on the Northern District of California, she has issued a series of landmark decisions: she vacated the conviction of a Japanese-American man who had resisted being placed in government internment camps during World War II; boldly declared the gas chamber to be a cruel and unusual form of punishment; ensured the integration of the San Francisco Fire Department; handed down a famous decision in the …


Impacts Of White, Roy A. Schotland Jan 2007

Impacts Of White, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

Changes in judicial elections stem from four identifiable causes. First, court decisions involve increasingly higher stakes and more serious consequences. The U.S. Senate confirmation battles also reflect this cause. Second, non-candidate groups, many from out of state, bring in enormous sums of money which often leads to ugly, even damaging, campaigns. Third, the first two causes are making judicial campaigns more like non-judicial campaigns, bringing new elements to judicial campaigns: campaign consultants and a win-at-any-cost approach.


Judges' Pay: A Chasm Far Worse Than Realized, And Worsening, Roy A. Schotland Jan 2007

Judges' Pay: A Chasm Far Worse Than Realized, And Worsening, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

For our state judges today, let us put aside what might be thought their appropriate "reward" compared to the "reward" for private-sector lawyers. Of course judges earn less than they would in private practice, and of course judges enjoy "rewards" other than salaries. What is surprising is how severe the gap is between the pay for judges and for the private bar-and, strikingly, the gap between the pay for judges and for other public employees. What is deeply disturbing, indeed dangerous, is how the gaps are worsening. Our compensation for judges is so low, that by reducing the caliber and …