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Unplugged - When Do Supreme Court Justices Need To Just Sit Down And Be Quiet?, Sonja R. West Dec 2010

Unplugged - When Do Supreme Court Justices Need To Just Sit Down And Be Quiet?, Sonja R. West

Popular Media

This article looks at Supreme Court justices providing their opinions on various legal topics prior to resigning from the bench.


Supreme Court Of The United States, October Term 2010 Preview, Update: December 7, 2010, Georgetown University Law Center, Supreme Court Institute Dec 2010

Supreme Court Of The United States, October Term 2010 Preview, Update: December 7, 2010, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas Dec 2010

From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas

Federal Communications Law Journal

After the broadcast of the 2003 Golden Globe Awards, during which the lead singer from U2 uttered an expletive on national television, the FCC revisited its prior policy on the use of expletives on the airwaves and declared, for the first time, that "fleeting expletives" are offensive according to community standards and are therefore finable. In a lawsuit filed in the Second Circuit Court of Appeals, Fox Television Stations, Inc. along with a number of other broadcasters argued that the FCC's new policy was arbitrary and capricious under the Administrative Procedure Act and unconstitutional under the First Amendment. The Second …


Aliens On The Bench: Lessons In Identity, Race And Politics From The First "Modern" Supreme Court, Lori A. Ringhand Oct 2010

Aliens On The Bench: Lessons In Identity, Race And Politics From The First "Modern" Supreme Court, Lori A. Ringhand

Scholarly Works

Every time a Supreme Court vacancy is announced, the media and the legal academy snap to attention. Even the general public takes note; in contrast to most of the decisions issued by the Court, a majority of Americans are aware of and have opinions about the men and women who are nominated to sit on it. Moreover, public opinion about the nominee has a strong influence on a senator's vote for or against the candidate. If the confirmation hearing held before the Senate Judiciary Committee is largely an empty ritual, why do so many people seem so enthralled by it? …


Supreme Court Of The United States, October Term 2010 Preview, Georgetown University Law Center, Supreme Court Institute Sep 2010

Supreme Court Of The United States, October Term 2010 Preview, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Supreme Court Of The United States, October Term 2009 Preview, Update: February 22, 2010, Georgetown University Law Center, Supreme Court Institute Feb 2010

Supreme Court Of The United States, October Term 2009 Preview, Update: February 22, 2010, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Will The Real Elena Kagan Please Stand Up? Conflicting Public Images In The Supreme Court Confirmation Process, Keith J. Bybee Jan 2010

Will The Real Elena Kagan Please Stand Up? Conflicting Public Images In The Supreme Court Confirmation Process, Keith J. Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

What images of judging did the Kagan confirmation process project?

My response to this question begins with a brief overview of existing public perceptions of the Supreme Court. I argue that a large portion of the public sees the justices as impartial arbiters who can be trusted to rule fairly. At the same time, a large portion of the public also sees the justices as political actors who are wrapped up in partisan disputes. Given these prevailing public views, we should expect the Kagan confirmation process to transmit contradictory images of judicial decisionmaking, with a portrait of judging as a …


How Not To Lie With Judicial Votes: Misconceptions, Measurement, And Models, Daniel E. Ho, Kevin M. Quinn Jan 2010

How Not To Lie With Judicial Votes: Misconceptions, Measurement, And Models, Daniel E. Ho, Kevin M. Quinn

Faculty Articles

In Part I, we describe the formal spatial theory often invoked to justify the statistical approach. While spatial theory has the nice feature of synthesizing theory and empirics, legal scholars may remain skeptical of its strong assumptions. Fortunately, measurement models can be illuminating even if the spatial theory is questionable.

To illustrate this, Part II provides a nontechnical overview of the intuition behind measurement models that take merits votes as an input and return a summary score of Justice-specific behavior as an output. Such scores provide clear and intuitive descriptive summaries of differences in judicial voting.

Confusion abounds, however, and …


Diversity And The Federal Bench, Carl W. Tobias Jan 2010

Diversity And The Federal Bench, Carl W. Tobias

Law Faculty Publications

Justice Sonia Sotomayor's appointment was historic. She is the first Latina Supreme Court member and President Barack Obama's initial appointment. Her confirmation is the quintessential example of his commitment to increasing ethnic and gender diversity in the judiciary; it epitomizes how the administration has nominated and appointed people of color and women to the appellate and district courts. Enhancing diversity honors valuable goals. Selection across a presidency's initial fifteen months also creates the tone. These ideas suggest that the nascent administration's judicial selection merits evaluation, which this paper conducts. Part I briefly assesses modern chief executives' divergent records in naming …