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Judges Commons

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2013

Selected Works

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Articles 1 - 30 of 130

Full-Text Articles in Judges

Beyond Judicial Populism, Anil Kalhan Dec 2013

Beyond Judicial Populism, Anil Kalhan

Anil Kalhan

No abstract provided.


Justices Could Do Well To Heed A Father’S Example, Alan E. Garfield Dec 2013

Justices Could Do Well To Heed A Father’S Example, Alan E. Garfield

Alan E Garfield

No abstract provided.


The Place Of The Judiciary In The Constitutional Culture Of New Zealand, Matthew S. R. Palmer Qc Dec 2013

The Place Of The Judiciary In The Constitutional Culture Of New Zealand, Matthew S. R. Palmer Qc

The Hon Justice Matthew Palmer

New Zealand constitutional culture is dominated by the political branches of government: representative democracy and parliamentary sovereignty are perhaps the two most fundamental New Zealand constitutional norms. The judiciary has historically occupied an inferior, residual role with a relatively inaudible voice in constitutional dialogue. Against this context the paper explores the position of the judiciary in contemporary New Zealand constitutional culture. It concludes that it would take a striking judicial decision, consistent with public opinion, against government action, to invigorate popular support for the judicial branch of government. The normative prescription for the institutional health of the judicial branch is ...


Q&A: “The Sc Has Treated Judicial Independence As A Static Concept”, Anil Kalhan Dec 2013

Q&A: “The Sc Has Treated Judicial Independence As A Static Concept”, Anil Kalhan

Anil Kalhan

No abstract provided.


Memorial Tribute To Roger J. Kiley, Thomas L. Shaffer Dec 2013

Memorial Tribute To Roger J. Kiley, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Clarence X?: The Black Nationalist Behind Justice Thomas's Constitutionalism, Stephen F. Smith Nov 2013

Clarence X?: The Black Nationalist Behind Justice Thomas's Constitutionalism, Stephen F. Smith

Stephen F. Smith

No abstract provided.


Taking Lessons From The Left?: Judicial Activism On The Right, Stephen F. Smith Nov 2013

Taking Lessons From The Left?: Judicial Activism On The Right, Stephen F. Smith

Stephen F. Smith

No abstract provided.


The Compromise Of '38 And The Federal Courts Today, John H. Robinson Nov 2013

The Compromise Of '38 And The Federal Courts Today, John H. Robinson

John H. Robinson

No abstract provided.


More Dialogue Over Law School Cost And Curriculum, Mark Mckenna, Geoffrey Bennett Nov 2013

More Dialogue Over Law School Cost And Curriculum, Mark Mckenna, Geoffrey Bennett

Mark P. McKenna

Mark McKenna and Geoffrey Bennett were quoted in The Indiana Lawyer article More dialogue over law school cost and curriculum about Retired Indiana Supreme Court Chief Justice Randall Shepard’s Clynes Chair Lecture by Marilyn Odendahl. “So you’re trying to take students who have learned a subject matter and then put them in a practice environment where they have to make use of that. Both reinforce what they learned in the classroom, but then it also helps them understand the context that you can’t necessarily get from the pages of a book,” McKenna said. “If (states adequately funded ...


Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison Nov 2013

Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison

Brian C. Murchison

None available.


William H. Rehnquist: A Life Lived Greatly, And Well, Richard W. Garnett Nov 2013

William H. Rehnquist: A Life Lived Greatly, And Well, Richard W. Garnett

Richard W Garnett

Chief Justice Rehnquist leaves behind a formidable and important legacy in constitutional law. His work on the Court was animated and guided by the view that We the People, through our Constitution, have authorized our federal courts, legislators, and administrators to do many things - but not everything. Because the Nation's powers are few and defined, Congress may not pursue every good idea or smart policy, nor should courts invalidate every foolish or immoral one. However, for those of us who knew, worked with, learned from, and cared about William Rehnquist, it is his unassuming manner, the care he took ...


Clerking For Scrooge, Barry Cushman Nov 2013

Clerking For Scrooge, Barry Cushman

Barry Cushman

During the Supreme Court’s memorable October,1936 term, a young man named John Knox clerked for Justice James Clark McReynolds. Knox kept a diary during the term, and between 1952 and 1963 converted the diary into a 978-page memoir. Yet his own efforts to publish the memoir came to naught. In 1978 he deposited all or a portion of the manuscript at a series of libraries. But there it languished until rescued from obscurity by David Garrow and Dennis Hutchinson, who in 2002 published an edition of the manuscript with the University of Chicago Press. This essay reviews Knox ...


Choosing The Judges Who Choose The President, John C. Nagle Nov 2013

Choosing The Judges Who Choose The President, John C. Nagle

John Copeland Nagle

No abstract provided.


"But For The Grace Of God There Go I": Justice Thomas And The Little Guy, Nicole Stelle Garnett Nov 2013

"But For The Grace Of God There Go I": Justice Thomas And The Little Guy, Nicole Stelle Garnett

Nicole Stelle Garnett

This Essay, prepared for a NYU Journal of Law and Liberty symposium on “The Unknown Justice Thomas,” challenges the oft-repeated criticism that Justice Clarence Thomas’s opinions reflect a lack of empathy for the less fortunate. The Essay argues that, on the contrary, Justice Thomas’s opinions are replete with expressions of concern for the “little guy,” which are frequently overlooked or misinterpreted. The Essay explores three themes reflecting this concern in Thomas’s opinions.


Activismo Judicial. Un Marco Para La Discusión, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco García Nov 2013

Activismo Judicial. Un Marco Para La Discusión, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco García

Sergio Verdugo R.

No abstract provided.


Courting Power, Anil Kalhan Oct 2013

Courting Power, Anil Kalhan

Anil Kalhan

No abstract provided.


Introduction, Amy Coney Barrett Oct 2013

Introduction, Amy Coney Barrett

Amy Coney Barrett

This essay is as an introduction to a symposium on stare decisis and nonjudicial actors. It frames the questions explored in the symposium by pausing to reflect upon the variety of ways in which nonjudicial actors have, over time, registered their disagreement with decisions of the United States Supreme Court. Both public officials and private citizens have battled the Court on any number of occasions since its inception, and historically, they have employed a diverse range of tactics in doing so. They have resisted Supreme Court judgments. They have denied the binding effect of Supreme Court opinions. They have sought ...


Catholic Judges In Capital Cases, John H. Garvey, Amy Coney Barrett Oct 2013

Catholic Judges In Capital Cases, John H. Garvey, Amy Coney Barrett

Amy Coney Barrett

The Catholic Church’s opposition to the death penalty places Catholic judges in a moral and legal bind. While these judges are obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty, they are also obliged to adhere to their church’s teaching on moral matters. Although the legal system has a solution for this dilemma by allowing the recusal of judges whose convictions keep them from doing their job, Catholic judges will want to sit whenever possible without acting immorally. However, litigants and the general public are entitled to impartial justice, which may be ...


Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Brennan Oct 2013

Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Brennan

Patrick McKinley Brennan

This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming 2012) (co-edited with H. Jefferson Powell and Jack Sammons), a volume of essays dedicated to exploring the work of Joseph Vining. The Introduction introduces Vining’s phenomenology of law and surveys the themes and topics developed by the volume’s eight authors: Joseph Vining, Judge John T. Noonan, Jr., Rev. John McCausland, H. Jefferson Powell, Jack Sammons, Steve Smith, James Boyd White, and Patrick Brennan.


A Tribute To Judge Lazer, Rena C. Seplowitz Oct 2013

A Tribute To Judge Lazer, Rena C. Seplowitz

Rena C. Seplowitz

No abstract provided.


Getting It Right, Eileen Kaufman Oct 2013

Getting It Right, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Leon Lazer: The Giant Among Us, Howard Glickstein Oct 2013

Leon Lazer: The Giant Among Us, Howard Glickstein

Howard Glickstein

No abstract provided.


Border Searches In The Age Of Terrorism, Robert M. Bloom Oct 2013

Border Searches In The Age Of Terrorism, Robert M. Bloom

Robert Bloom

This article will first explore the history of border searches. It will look to the reorganization of the border enforcement apparatus resulting from 9/11 as well as the intersection of the Fourth Amendment and border searches generally. Then, it will analyze the Supreme Court's last statement on border searches in the Flores-Montano27 decision, including what impact this decision has had on the lower courts. Finally, the article will focus on Fourth Amendment cases involving terrorism concerns after 9/11, as a means of drawing some conclusions about the effect the emerging emphasis on terrorism and national security concerns ...


Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq. Oct 2013

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money ...


Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq. Oct 2013

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money ...


Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq. Oct 2013

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money ...


Faculty Colloquia, Spring 2010 Series, Royce Barondes, Kimberle Crenshaw, Chris Elmendorf, Michael Kang, Oliver Moreteau, Deborah Pearlstein, Richard Peltz, Nirej Sekhon, Stephanie Stern, Lee-Ford Tritt, Michael Zimmer Oct 2013

Faculty Colloquia, Spring 2010 Series, Royce Barondes, Kimberle Crenshaw, Chris Elmendorf, Michael Kang, Oliver Moreteau, Deborah Pearlstein, Richard Peltz, Nirej Sekhon, Stephanie Stern, Lee-Ford Tritt, Michael Zimmer

Lee-ford Tritt

Spring 2010 Presenters January 25: Royce Barondes (University of Missouri School of Law), ABA Ratings of Federal District Court Judges and the Likelihood of a Shepard’s Warning Signal February 1: Stephanie Stern (Loyola University Chicago School of Law), The Inviolable Home: From Iconic Property to Relational Privacy in the Fourth Amendment February 8: Michael Kang (Emory University School of Law), Sore Loser Laws February 15: Oliver Moreteau (LSU Paul M. Hebert Law Center), The Future of Civil Codes in Europe February 22: Deborah Pearlstein (Princeton University Woodrow Wilson School for Public and International Affairs), After Deference: Formal Approaches to ...


Equilibrium, Adam Lamparello Oct 2013

Equilibrium, Adam Lamparello

Adam Lamparello

No abstract provided.


Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim Oct 2013

Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim

Andrew Chongseh Kim

Courts and scholars commonly assume that granting convicted defendants more liberal rights to challenge their judgments would harm society’s interests in “finality.” According to conventional wisdom, finality in criminal judgments is necessary to conserve resources, encourage efficient behavior by defense counsel, and deter crime. Thus, under the common analysis, the extent to which convicted defendants should be allowed to challenge their judgments depends on how much society is willing to sacrifice to validate defendants’ rights. This Article argues that expanding defendants’ rights on post-conviction review does not always harm these interests. Rather, more liberal review can often conserve state ...


Legal Writing As Good Writing; Tips From The Trenches, Michael A. Zuckerman, Andrey Spektor Sep 2013

Legal Writing As Good Writing; Tips From The Trenches, Michael A. Zuckerman, Andrey Spektor

Michael A. Zuckerman

No abstract provided.