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2015

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Articles 1 - 30 of 324

Full-Text Articles in Judges

When Judges Don't Follow The Law: Research And Recommendations, Michele Cotton Dec 2015

When Judges Don't Follow The Law: Research And Recommendations, Michele Cotton

City University of New York Law Review

No abstract provided.


Newsroom: Yelnosky On Diversifying State Judiciary, Roger Williams University School Of Law Dec 2015

Newsroom: Yelnosky On Diversifying State Judiciary, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Extralegal Supreme Court Policy-Making, Joëlle Anne Moreno Dec 2015

Extralegal Supreme Court Policy-Making, Joëlle Anne Moreno

William & Mary Bill of Rights Journal

The Colbert Report aired its final episode on December 18, 2014.1 Nine years earlier, on the first episode, Stephen Colbert coined the word “truthiness.” Truthiness satirized contemporary disinterest in empirical information in a country increasingly “divided between those who think with their head and those who know with their heart.” Truthiness was not just the Merriam-Webster word of the year. Over the past decade, it has been the unspoken mantra of reporters who give equal time to climate science denialists, faith healers, and vaccine refusers. When Justices of the Supreme Court decide questions of scientific or empirical fact—such ...


Filling The D.C. Circuit Vacancies, Carl W. Tobias Dec 2015

Filling The D.C. Circuit Vacancies, Carl W. Tobias

Indiana Law Journal

Partisanship undermines judicial nominations to the U.S. Court of Appeals for the District of Columbia Circuit. With three of eleven judgeships vacant during Barack Obama’s first term, he was the only President in a half century not to appoint a jurist to the nation’s second-most important court. Confirming accomplished nominees, thus, became imperative for the circuit’s prompt, economical, and fair case disposition. In 2013, Obama submitted excellent candidates. Patricia Millett had argued thirty-two Supreme Court appeals; Cornelia Pillard successfully litigated numerous path-breaking matters; and Robert Wilkins had served on the D.C. District bench for three ...


Hosting Settlement Conferences: Effectiveness In The Judicial Role, Wayne Brazil Dec 2015

Hosting Settlement Conferences: Effectiveness In The Judicial Role, Wayne Brazil

Wayne Brazil

No abstract provided.


The Honorable William W. Schwarzer: Elevating Visions Of What A Judge Should Be, Wayne Brazil Dec 2015

The Honorable William W. Schwarzer: Elevating Visions Of What A Judge Should Be, Wayne Brazil

Wayne Brazil

No abstract provided.


American State Supreme Court Justices, 1900-1970, Robert Kagan, Bobby Infelise, Robert Detlefson Dec 2015

American State Supreme Court Justices, 1900-1970, Robert Kagan, Bobby Infelise, Robert Detlefson

Robert Kagan

No abstract provided.


Standing The Test Of Time: The Breadth Of Majority Coalitions And The Fate Of U.S. Supreme Court Precedents, Stuart Benjamin, Bruce Desmarais Dec 2015

Standing The Test Of Time: The Breadth Of Majority Coalitions And The Fate Of U.S. Supreme Court Precedents, Stuart Benjamin, Bruce Desmarais

Bruce A. Desmarais

Should a strategic Justice assemble a broader coalition for the majority opinion than is necessary, even if that means accommodating changes that move the opinion away from the author’s ideal holding? If the author’s objective is to durably move the law to his or her ideal holding, the conventional answer is no, because there is a cost and no corresponding benefit. We consider whether attracting a broad majority coalition can placate future courts. Controlling for the size of the coalition, we find that cases with ideologically narrow coalitions are more likely to be treated negatively by later courts ...


For Judges: Suggestions About What To Say About Adr At Case Management Conferences--And How To Respond To Concerns Or Objections Raised By Counsel, Wayne Brazil Dec 2015

For Judges: Suggestions About What To Say About Adr At Case Management Conferences--And How To Respond To Concerns Or Objections Raised By Counsel, Wayne Brazil

Wayne Brazil

No abstract provided.


Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law Dec 2015

Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


When The Chief Justice Serves In The Legislative Branch, Roy E. Brownell Ii Dec 2015

When The Chief Justice Serves In The Legislative Branch, Roy E. Brownell Ii

ConLawNOW

This article argues that the Chief Justice is considered part of the legislative branch during presidential impeachment trials. In so arguing, this article first argues, as a matter of constitutional text, that the Chief Justice during presidential impeachment trials steps into the shoes of the president of the Senate. The Chief Justice’s authority in this vein is granted by Article I, which predominantly governs the legislative branch, and not Article III, which does the same for the federal judiciary.

Indeed, the only reference to the Chief Justice in the entirety of the Constitution occurs in this context in Article ...


Judicial Elections: The Case For Accountability, Jack Park Dec 2015

Judicial Elections: The Case For Accountability, Jack Park

ConLawNOW

In this article, Jack Park defends the use of partisan elections as a method of selecting state court judges. He first frames the debate and describes its participants. The author then discusses the competing values that supporters and opponents of judicial elections advance. Finally, Mr. Park addresses the arguments for and against judicial elections, showing that, while they may not be a perfect method of selecting judges, neither are the alternatives.


Electing Our Judges And Judicial Independence: The Supreme Court's "Triple Whammy", Martin H. Belsky Dec 2015

Electing Our Judges And Judicial Independence: The Supreme Court's "Triple Whammy", Martin H. Belsky

ConLawNOW

In this article, Martin Belsky makes the case for judicial selection based on merit, as opposed to popular elections. Belsky cites Caperton v. A.T. Massey Coal Company and the recent defeat of three Iowa supreme court justices because of their opinion in a controversial gay marriage case for the proposition that judicial elections can, and do, yield unjust results. Belsky asserts the need for judicial independence, but concludes that this goal is not achievable through elections because of the “triple whammy” of constitutional limitations: (1) the First Amendment protection of the right of judges and judicial candidates to give ...


Roe V. Wade: The Case That Changed Democracy, Adam Lamparello Dec 2015

Roe V. Wade: The Case That Changed Democracy, Adam Lamparello

Adam Lamparello

No abstract provided.


Judicial Candor And Extralegal Reasoning: Why Extralegal Reasons Require Legal Justifications (And No More), Eric Dean Hageman Dec 2015

Judicial Candor And Extralegal Reasoning: Why Extralegal Reasons Require Legal Justifications (And No More), Eric Dean Hageman

Notre Dame Law Review

This Note’s first Part explores two landmark Supreme Court cases, Planned Parenthood of Southeastern Pennsylvania v. Casey and NFIB, that may have been decided based on extralegal considerations. Part II describes three prominent theories of judicial candor with an eye to the results they might yield with respect to extralegal reasoning. Part III offers and defends a new, partial theory of judicial candor. This theory is that a judge who employs extralegal reasoning should omit discussion of her reliance on that reasoning and justify her decision with legal reasoning.

The first two Parts will demonstrate that there is a ...


Praise Defenders, Not Just Prosecutors, Stephen E. Henderson Nov 2015

Praise Defenders, Not Just Prosecutors, Stephen E. Henderson

Stephen E Henderson

In this letter to the editor, I discuss the problems when a district court judge becomes a graduate and class spokesperson for a Citizens' Police Academy.

See article here.
See letter here.


Posner, Blackstone, And Prior Restraints On Speech, Ashutosh Bhagwat Nov 2015

Posner, Blackstone, And Prior Restraints On Speech, Ashutosh Bhagwat

BYU Law Review

Judge Richard Posner recently asserted that the original understanding of the Free Speech Clause of the First Amendment was to prohibit “censorship”—meaning prior restraints—but not subsequent punishments. Posner was following in the footsteps of many other eminent jurists including Oliver Wendell Holmes, Jr., Joseph Story, James Wilson, and ultimately William Blackstone.

The problem is, this claim is simply wrong. Firstly, it misquotes Blackstone. Blackstone said that the liberty of the press meant only freedom from prior restraints; he never discussed speech. When one does examine the Speech Clause, it becomes quite clear that its protections cannot be limited ...


Federal Justice And Moral Reform In The United States District Court In Indiana, 1816-1869, George W. Geib, Donald B. Kite Nov 2015

Federal Justice And Moral Reform In The United States District Court In Indiana, 1816-1869, George W. Geib, Donald B. Kite

George W. Geib

In November 1840, William Martin, an Indiana mail stage driver found himself standing in United States District Court, convicted of stealing a letter containing bank notes from the mail.^1 District Judge Jesse Lynch Holman reviewed the evidence that convinced the jury, and then lectured the defendant upon his future prospects: The prospect before you is truly dark and dreary; yet there is a distant ray of hope that may enlighten your path You may do much by a patient submission to the law—by a reformation of life and an upright line of conduct ... to some extent, to regain ...


Using Common Sense: A Linguistic Perspective On Judicial Interpretations Of "Use A Firearm", Clark D. Cunningham, Charles J. Filmore Nov 2015

Using Common Sense: A Linguistic Perspective On Judicial Interpretations Of "Use A Firearm", Clark D. Cunningham, Charles J. Filmore

Clark D. Cunningham

No abstract provided.


Tribute To The Honorable Richard S. Arnold, Richard W. Garnett Nov 2015

Tribute To The Honorable Richard S. Arnold, Richard W. Garnett

Richard W Garnett

A former law clerk recounts Judge Arnold’s life and service.


A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr. Nov 2015

A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii Nov 2015

Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Semi-Retirement Of Senior Supreme Court Justices: Examining Their Service On The Courts Of Appeals, Jon A. Gryskiewicz Nov 2015

The Semi-Retirement Of Senior Supreme Court Justices: Examining Their Service On The Courts Of Appeals, Jon A. Gryskiewicz

Seton Hall Circuit Review

No abstract provided.


Rights Without Remedies, Adam Lamparello Nov 2015

Rights Without Remedies, Adam Lamparello

Adam Lamparello

The Court should modify the standing doctrine in some contexts for the same reason that, in Shelby County, it invalidated two provisions of the Voting Rights Act: the legislature cannot and will not fix the problem. No legal doctrine should be applied without examining whether elected representatives are capable of remedying specific harms and accounting for the relative unfairness in democratic governance. When the traditional standing requirements are rigidly applied without considering these factors, the Court undermines the separation of powers and prevents sound judicial decision-making. In essence, rigid application of the standing doctrine sends a message to litigants that ...


Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes A Huge Success!, Brittani Mulholland Nov 2015

Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes A Huge Success!, Brittani Mulholland

Law School Blogs

No abstract provided.


Growth Under The Shadow Of Expropriation? The Economic Impacts Of Eminent Domain, Daniel L. Chen, Susan Yeh Nov 2015

Growth Under The Shadow Of Expropriation? The Economic Impacts Of Eminent Domain, Daniel L. Chen, Susan Yeh

Susan Yeh

See paper


Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent Oct 2015

Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent

All Faculty Scholarship

ABSTRACT

The Illinois Appellate Court in Draper & Kramer v. King reversed a court ordered eviction on the ground that the tenant likely did not appreciate that she had agreed in a settlement to vacate her residence in addition to paying arrears on rent. In the chaotic environment of eviction court proceedings, tenants too often pledge paying back rent without realizing that, at the same time, they have agreed to be evicted and that the court ordered eviction will follow them for the rest of their lives. In Chicago, at least, the potential for confusion is enhanced because the agreed upon ...


2015 Esther Clark Moot Court Competition: Finals, Roger Williams University School Of Law Oct 2015

2015 Esther Clark Moot Court Competition: Finals, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


The Clarity Of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished, Ryan D. Robb Oct 2015

The Clarity Of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished, Ryan D. Robb

Electronic Thesis and Dissertation Repository

This project develops an interpretive account of the single reasonableness standard as it has evolved in the Canadian Supreme Court case law since its introduction in New Brunswick (Board of Management) v. Dunsmuir. My analyses show, contrary to the bulk of the academic commentary, that reasonableness is a clear and coherent standard of review. Specifically I show that in the eyes of the Court, interference owing to unreasonableness is required only when decisions are not justified in the context of the legal framework. Unjustified decisions demand interference because they are arbitrary in the sense that the powers of the state ...


In Memoriam: Honourable Gerald Eric Le Dain, 1924-2007, Patrick J. Monahan, Harry W. Arthurs, Bruce B. Ryder Oct 2015

In Memoriam: Honourable Gerald Eric Le Dain, 1924-2007, Patrick J. Monahan, Harry W. Arthurs, Bruce B. Ryder

Harry Arthurs

No abstract provided.