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Judges Commons

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2009

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Articles 1 - 30 of 168

Full-Text Articles in Judges

It Is Given Unto You To Judge, Sheila Mccleve Dec 2009

It Is Given Unto You To Judge, Sheila Mccleve

Vol. 2: Service & Integrity

This article is reprinted from the Clark Memorandum, spring 1992, 2–7.


Chinese Judicial Pattern: Tradition And Reform(中国的司法模式:传统与改革), Meng Hou Dec 2009

Chinese Judicial Pattern: Tradition And Reform(中国的司法模式:传统与改革), Meng Hou

Hou Meng

No abstract provided.


The Law Clerk Proxy Wars: Secrecy, Accountability, And Ideology In The Supreme Court, Carolyn Shapiro Dec 2009

The Law Clerk Proxy Wars: Secrecy, Accountability, And Ideology In The Supreme Court, Carolyn Shapiro

All Faculty Scholarship

This piece provides an in-depth review and analysis of two recent books about Supreme Court law clerks, Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk, by Todd C. Peppers, and Sorcerers’ Apprentices: 100 Years of Law Clerks at the United States Supreme Court, by Artemus Ward and David L. Weiden. In addition, the essay addresses a question so obvious that it is rarely asked – why is there so much curiosity about Supreme Court law clerks in the first place? In the essay, I analyze a widespread concern – and one discussed in both books ...


Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones Dec 2009

Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones

Chicago-Kent Law Review

The United States Supreme Court's 2002 decision in Republican Party of Minnesota v. White was the first shot fired in an ongoing battle over judicial campaign ethics. The White decision invalidated a Minnesota Canon of Judicial Conduct prohibiting judicial candidates from announcing their views on disputed legal or political topics. Subsequent to White, numerous states have faced challenges to their judicial canons of conduct by groups advocating for an increased breadth of permissible speech in judicial campaigns. While White and its progeny have safeguarded the first amendment rights of judicial candidates, significant concerns have been raised regarding how best ...


Stacking In Criminal Procedure Adjudication;Symposium On Criminal Procedure: Judicial Proceedings, Luke M. Milligan Dec 2009

Stacking In Criminal Procedure Adjudication;Symposium On Criminal Procedure: Judicial Proceedings, Luke M. Milligan

Chicago-Kent Law Review

The institutionalist branch of "Law and Courts" studies how judges incorporate institutional constraints into their decision-making processes. Congressional constraints on judicial review, as the literature currently stands, fall into one of two general classes: overrides and Court-curbing measures. This taxonomy, however, is incomplete. Neither overrides nor curbing measures are needed to explain the not uncommon situation where a policy-oriented Justice deviates from a preferred vote based on the belief that such a vote will prompt Congress to alter an "insulated base rule" in a way that disrupts the Justice's larger policy agenda. An "insulated base rule" is a Congressional ...


Recusal And Recompense: Amending New York Recusal Law In Light Of The Judicial Pay Raise Controversy, Jeffrey T. Fiut Dec 2009

Recusal And Recompense: Amending New York Recusal Law In Light Of The Judicial Pay Raise Controversy, Jeffrey T. Fiut

Buffalo Law Review

No abstract provided.


Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha Nov 2009

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim of the « Citizen Constitution » to ...


Judicial Selection In Rhode Island: Assessing The Experience With "Merit Selection", Roger Williams University School Of Law Nov 2009

Judicial Selection In Rhode Island: Assessing The Experience With "Merit Selection", Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Talking Originalism , Andrew B. Coan Nov 2009

Talking Originalism , Andrew B. Coan

BYU Law Review

No abstract provided.


In Memoriam: Robert E. Shepherd, Jr., John G. Douglass Nov 2009

In Memoriam: Robert E. Shepherd, Jr., John G. Douglass

University of Richmond Law Review

No abstract provided.


Professor Robert E. Shepherd, Jr. September 22, 1937 - December 11, 2008, Hon. Walter S. Felton Jr. Nov 2009

Professor Robert E. Shepherd, Jr. September 22, 1937 - December 11, 2008, Hon. Walter S. Felton Jr.

University of Richmond Law Review

No abstract provided.


The Dog That Didn't Bark: Stealth Procedures And The Erosion Of Stare Decisis In The Federal Courts Of Appeals, Amy E. Sloan Nov 2009

The Dog That Didn't Bark: Stealth Procedures And The Erosion Of Stare Decisis In The Federal Courts Of Appeals, Amy E. Sloan

All Faculty Scholarship

Informal en banc review is a procedural expedient that nine of the thirteen federal circuits use to circumvent the requirements of formal en banc review. Panels invoke informal en banc review to take actions normally reserved for the full court sitting en banc. The circuits that use informal en banc review say the procedure is to be used rarely. In practice, however, the frequency of informal en banc review is significant when compared with formal en banc review. Informal en banc review is more efficient than formal en banc review, but the efficiency benefits come at a price. Informal en ...


Professor Robert E. Shepherd, Jr.: Tending To His Flock To Improve Its Lot, John P. Cunningham Nov 2009

Professor Robert E. Shepherd, Jr.: Tending To His Flock To Improve Its Lot, John P. Cunningham

University of Richmond Law Review

No abstract provided.


Supreme Court Of The United States, October Term 2009 Preview, Update: October 26, 2009, Georgetown University Law Center, Supreme Court Institute Oct 2009

Supreme Court Of The United States, October Term 2009 Preview, Update: October 26, 2009, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


First Annual Chief Justice Ronald M. George Distinguished Lecture: Access To Justice In Times Of Fiscal Crisis Oct 2009

First Annual Chief Justice Ronald M. George Distinguished Lecture: Access To Justice In Times Of Fiscal Crisis

Ronald M. George Distinguished Lecture Series

The Inaugural Ronald M. George Distinguished Lecture address delivered by The Honorable Ronald M. George, Chief Justice of the Supreme Court of California on the theme of "Access to Justice in Times of Fiscal Crisis."


Imagining Judges That Apply Law: How They Might Do It, James Maxeiner Oct 2009

Imagining Judges That Apply Law: How They Might Do It, James Maxeiner

All Faculty Scholarship

"Judges should apply the law, not make it." That plea appears perennially in American politics. American legal scholars belittle it as a simple-minded demand that is silly and misleading. A glance beyond our shores dispels the notion that the American public is naive to expect judges to apply rather than to make law.

American obsession with judicial lawmaking has its price: indifference to judicial law applying. If truth be told, practically we have no method for judges, as a matter of routine, to apply law to facts. Our failure leads American legal scholars to question whether applying law to facts ...


Suggestions For American Judges: Ten Books That Merit Reading, Robert C. Berring Oct 2009

Suggestions For American Judges: Ten Books That Merit Reading, Robert C. Berring

The Journal of Appellate Practice and Process

No abstract provided.


The Merchant Of Venice, Act Iv, Scene 1, Rebecca White Berch Oct 2009

The Merchant Of Venice, Act Iv, Scene 1, Rebecca White Berch

The Journal of Appellate Practice and Process

No abstract provided.


John Marshall: Definer Of A Nation, Denise R. Johnson Oct 2009

John Marshall: Definer Of A Nation, Denise R. Johnson

The Journal of Appellate Practice and Process

No abstract provided.


The Ways Of A Judge And On Appeal, Kermit V. Lipez Oct 2009

The Ways Of A Judge And On Appeal, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.


The Elements Of Legal Style, Mark P. Painter Oct 2009

The Elements Of Legal Style, Mark P. Painter

The Journal of Appellate Practice and Process

No abstract provided.


Here Comes The Judge! Gender Distortion On Tv Reality Court Shows, Taunya Lovell Banks Sep 2009

Here Comes The Judge! Gender Distortion On Tv Reality Court Shows, Taunya Lovell Banks

Taunya Lovell Banks

In the judicial world of television court shows women constitute a majority of the judges and where non-white women and men dominate. In real life most judges are white and male. This essay looks at the gender and racial composition and demeanor of these television reality judges. It asks whether women TV reality judges behave differently from their male counterparts and whether women’s increased visibility as judges on daytime reality court shows reinforces or diminishes traditional negative stereotypes about women, especially non-white women.


Supreme Court Of The United States, October Term 2009 Preview, Georgetown University Law Center, Supreme Court Institute, Amanda M. Boote Sep 2009

Supreme Court Of The United States, October Term 2009 Preview, Georgetown University Law Center, Supreme Court Institute, Amanda M. Boote

Supreme Court Overviews

No abstract provided.


Luces Y Sombras De La "Nueva" Corte Suprema (2003 - 2009), Horacio M. Lynch Sep 2009

Luces Y Sombras De La "Nueva" Corte Suprema (2003 - 2009), Horacio M. Lynch

Horacio M. LYNCH

Balance y análisis crítico de lo actuado por la NCSN desde que comenzó el cambio en su integración en 2003, hasta la fecha del informe en 2009, en las distintas dimensiones de su labor, su función de control de la constitucionalidad, como el Tribunal de última instancia de la Nación, y como cabeza del Poder Judicial, y en su preocupación por la Justicia del país. Analiza lo que hizo y lo que no hizo, se incluye un balance, propuestas y líneas de trabajo, e información.


How (Not) To Think Like A Punisher, Alice Ristroph Sep 2009

How (Not) To Think Like A Punisher, Alice Ristroph

Faculty Scholarship

No abstract provided.


Private Litigation In A Public Law Sphere:The Standard Of Review In Investor-State Arbitrations, William W. Burke-White, Andreas Von Staden Aug 2009

Private Litigation In A Public Law Sphere:The Standard Of Review In Investor-State Arbitrations, William W. Burke-White, Andreas Von Staden

Faculty Scholarship at Penn Law

International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a public law nature. Yet, arbitral tribunals continue to apply standards of review derived from the private law origins of international arbitration, have not recognized the new public law context of these disputes, and have failed to develop a coherent jurisprudence with regard to the applicable standard for reviewing a state's public regulatory activities. This problematic approach is evidenced by a recent series of cases brought by foreign investors against Argentina challenging the economic recovery program launched after a massive financial collapse and has called into ...


An Independent Judiciary: The Life And Writings Of Robert N.C. Nix, Jr., Phoebe Haddon Jul 2009

An Independent Judiciary: The Life And Writings Of Robert N.C. Nix, Jr., Phoebe Haddon

Phoebe A. Haddon

No abstract provided.


Deep And Wide: Justice Marshall's Contributions To Constitutional Law, Rebecca L. Brown Jul 2009

Deep And Wide: Justice Marshall's Contributions To Constitutional Law, Rebecca L. Brown

University of Southern California Legal Studies Working Paper Series

This essay, a contribution to a symposium marking the 100th anniversary of Justice Thurgood Marshall’s birth, explores Justice Marshall’s singular understanding of equality as a driving force underlying all of constitutional law. His theory of equality as giving rise to an obligation on government to provide reasons for its actions reflects a sophisticated and under-appreciated perspective on American constitutionalism, as illustrated by several examples offered in the essay.


Law Journals Of Cssci: Which One Is More Influential In Knowledge Production(Cssci法学期刊──谁更有知识影响力), Meng Hou Jul 2009

Law Journals Of Cssci: Which One Is More Influential In Knowledge Production(Cssci法学期刊──谁更有知识影响力), Meng Hou

Hou Meng

No abstract provided.


How Great Judges Think: Judges Richard Posner, Henry Friendly, And Roger Traynor On Judicial Lawmaking, Edmund Ursin Jul 2009

How Great Judges Think: Judges Richard Posner, Henry Friendly, And Roger Traynor On Judicial Lawmaking, Edmund Ursin

Buffalo Law Review

No abstract provided.