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Articles 1 - 7 of 7
Full-Text Articles in Judges
Rehnquist's Fourth Amendment: Be Reasonable, Craig M. Bradley
Rehnquist's Fourth Amendment: Be Reasonable, Craig M. Bradley
Articles by Maurer Faculty
"The Fourth Amendment: Be Reasonable," is a chapter in a book, The Rehnquist Legacy, published by Cambridge University Press in 2006. The book is a comprehensive legal biography of the Chief Justice in which leading scholars examine his legacy in diverse areas of constitutional law, including criminal procedure. This chapter examines Rehnquist's voluminous Fourth Amendment jurisprudence. While Rehnquist has not authored any single path-breaking case in this area, the chapter shows his success, across the board, in achieving his stated goal of calling a halt to the pro-defendant rulings of the Warren Court in the criminal procedure area. However, Rehnquist …
Critical Race Empiricism: A New Means To Measure Civil Procedure, Victor D. Quintanilla
Critical Race Empiricism: A New Means To Measure Civil Procedure, Victor D. Quintanilla
Articles by Maurer Faculty
This article reflects the second phase in a research line examining the effects of highly subjective pleading rules, specifically, Ashcroft v. Iqbal, 556 U.S. 662 (2009), and was an invited contribution to a symposium, which explored the intersection of empirical legal methods and critical race theory. In this phase, I updated the empirical legal analysis in a prior article, Beyond Common Sense: A Social Psychological Study of Iqbal’s Effect on Claims of Race Discrimination, 17 Michigan Journal of Race and Law 1 (2011), in three ways. First, I lengthened the time horizon from 18 months to 24 months, increasing the …
Book Review. Epstein, L., Et. Al., The Behavior Of Federal Judges: A Theoretical And Empirical Study Of Rational Choice, Ashley A. Ahlbrand
Book Review. Epstein, L., Et. Al., The Behavior Of Federal Judges: A Theoretical And Empirical Study Of Rational Choice, Ashley A. Ahlbrand
Articles by Maurer Faculty
No abstract provided.
The Dimensions Of Judicial Impartiality, Charles G. Geyh
The Dimensions Of Judicial Impartiality, Charles G. Geyh
Articles by Maurer Faculty
Scholars have traditionally analyzed judicial impartiality piecemeal, in disconnected debates on discrete topics. As a consequence, current understandings of judicial impartiality are balkanized and muddled. This Article seeks to reconceptualize judicial impartiality comprehensively, across contexts. In an era when "we are all legal realists now," perfect impartiality-the complete absence of bias or prejudice-is at most an ideal; "impartial enough" has, of necessity, become the realistic goal. Understanding when imperfectly impartial is nonetheless impartial enough is aided by conceptualizing judicial impartiality in three distinct dimensions: a procedural dimension, in which impartiality affords parties a fair hearing; a political dimension, in which …
The American Judicature Society And Judicial Independence: Reflections At The Century Mark, Charles G. Geyh
The American Judicature Society And Judicial Independence: Reflections At The Century Mark, Charles G. Geyh
Articles by Maurer Faculty
A logical starting point in a symposium commemorating AJS at the century mark is with judicial independence – a sweeping topic with a complex architecture that gives structure to the AJS mission. The many and varied contributions that AJS has made to the administration of justice over the past one hundred years can best be understood and appreciated as means to further the overarching objective of promoting an independent and accountable judiciary.
Justice Brennan: Legacy Of A Champion, Dawn E. Johnsen
Justice Brennan: Legacy Of A Champion, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Women And Judging: A Feminist Approach To Judging And The Issue Of Customary Law (Eleventh Annual Ruth Bader Ginsburg Lecture), Susan H. Williams
Women And Judging: A Feminist Approach To Judging And The Issue Of Customary Law (Eleventh Annual Ruth Bader Ginsburg Lecture), Susan H. Williams
Articles by Maurer Faculty
No abstract provided.