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Judges Commons

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2019

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Institution
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Articles 1 - 30 of 170

Full-Text Articles in Judges

Judicial Impartiality In A Partisan Era, Cassandra Burke Robertson Oct 2019

Judicial Impartiality In A Partisan Era, Cassandra Burke Robertson

Florida Law Review

Judicial legitimacy rests on the perception of judicial impartiality. As a partisan gulf widens among the American public, however, there is a growing skepticism of the judiciary’s neutrality on politically sensitive topics. Hardening partisan identities mean that there is less middle ground on political issues and less cooperation among those with differing political views. As a result, the public increasingly scrutinizes judges and judicial candidates for signs of political agreement, distrusting those perceived to support the opposing political party.

Judges themselves are not immune to these political forces. In spite of a strong judicial identity that demands impartiality and ...


Marshall As A Judge, Robert Post Oct 2019

Marshall As A Judge, Robert Post

Fordham Law Review

Marshall is a towering and inspirational figure in the history of American constitutional law. He changed American life forever and unquestionably for the better. But the contemporary significance of Marshall’s legacy is also, in ways that challenge present practices and beliefs, ambiguous.


The Campaign To Impeach Justice William O. Douglas; Nixon, Vietnam, And The Conservative Attack On Judicial Independence, Joshua E. Kastenberg Oct 2019

The Campaign To Impeach Justice William O. Douglas; Nixon, Vietnam, And The Conservative Attack On Judicial Independence, Joshua E. Kastenberg

Faculty Book Display Case

The politics of division and distraction, conservatives’ claims of liberalism’s dangers, the wisdom of amoral foreign policy, a partisan challenge to a Supreme Court justice, and threats to the constitutionally mandated balance between the three branches of government: however of the moment these matters might seem, they are clearly presaged in events chronicled by Joshua E. Kastenberg in this book, the first in-depth account of a campaign to impeach Supreme Court justice William O. Douglas nearly fifty years ago.

On April 15, 1970, at President Richard Nixon’s behest, Republican House Minority Leader Gerald Ford brazenly called for the ...


Article Iii Courts V. Military Commissions: A Comparison Of Protection Of Classified Information And Admissibility Of Evidence In Terrorism Prosecutions, Mohamed Al-Hendy Oct 2019

Article Iii Courts V. Military Commissions: A Comparison Of Protection Of Classified Information And Admissibility Of Evidence In Terrorism Prosecutions, Mohamed Al-Hendy

St. Mary's Law Journal

Abstract forthcoming


The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris Oct 2019

The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris

St. Mary's Law Journal

Abstract forthcoming


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee Sep 2019

Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee

Faculty Scholarship at Penn Law

This article argues that administrative agencies have been primary interpreters and implementers of the federal Constitution throughout the history of the United States, although the scale and scope of this "administrative constitutionalism" has changed significantly over time as the balance of opportunities and constraints has shifted. Courts have nonetheless cast an increasingly long shadow over the administered Constitution. In part, this is because of the well-known expansion of judicial review in the 20th century. But the shift has as much to do with changes in the legal profession, legal theory, and lawyers’ roles in agency administration. The result is that ...


The Vanishing Common Law Judge, Neal Devins, David Klein Sep 2019

The Vanishing Common Law Judge, Neal Devins, David Klein

Neal E. Devins

The common law style of judging appears to be on its way out. Trial courts rarely shape legal policymaking by asserting decisional autonomy through distinguishing, limiting, or criticizing higher court precedent. In an earlier study, we demonstrated the reluctance of lower court judges to assert decisional autonomy by invoking the holding–dicta dichotomy. In this Article, we make use of original empirical research to study the level of deference U.S. district court judges exhibit toward higher courts and whether the level of deference has changed over time. Our analysis of citation behavior over an eighty-year period reveals a dramatic ...


The Majoritarian Rehnquist Court?, Neal Devins Sep 2019

The Majoritarian Rehnquist Court?, Neal Devins

Neal E. Devins

No abstract provided.


The D'Oh! Of Popular Constiutitonalism, Neal Devins Sep 2019

The D'Oh! Of Popular Constiutitonalism, Neal Devins

Neal E. Devins

No abstract provided.


Smoke, Not Fire, Neal Devins Sep 2019

Smoke, Not Fire, Neal Devins

Neal E. Devins

No abstract provided.


Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins Sep 2019

Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins

Neal E. Devins

No abstract provided.


Ideological Cohesion And Precedent (Or Why The Court Only Cares About Precedent When Most Justices Agree With Each Other), Neal Devins Sep 2019

Ideological Cohesion And Precedent (Or Why The Court Only Cares About Precedent When Most Justices Agree With Each Other), Neal Devins

Neal E. Devins

This Article examines the profound role that ideological cohesion plays in explaining the Supreme Court's willingness to advance a coherent vision of the law - either by overruling precedents inconsistent with that vision or by establishing rule-like precedents intended to bind the Supreme Court and lower courts in subsequent cases. Through case studies of the New Deal, Warren, and Rehnquist Courts, this Article calls attention to key differences between Courts in which five or more Justices pursue the same substantive objectives and Courts which lack a dominant voting block. In particular, when five or more Justices pursue the same substantive ...


Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins Sep 2019

Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins

Neal E. Devins

No abstract provided.


The Supreme Court's Legitimacy Dilemma, Tara Leigh Grove Sep 2019

The Supreme Court's Legitimacy Dilemma, Tara Leigh Grove

Tara L. Grove

No abstract provided.


The Origins (And Fragility) Of Judicial Independence, Tara Leigh Grove Sep 2019

The Origins (And Fragility) Of Judicial Independence, Tara Leigh Grove

Tara L. Grove

The federal judiciary today takes certain things for granted. Political actors will not attempt to remove Article III judges outside the impeachment process; they will not obstruct federal court orders; and they will not tinker with the Supreme Court’s size in order to pack it with like-minded Justices. And yet a closer look reveals that these “self-evident truths” of judicial independence are neither self-evident nor necessary implications of our constitutional text, structure, and history. This Article demonstrates that many government officials once viewed these court-curbing measures as not only constitutionally permissible but also desirable (and politically viable) methods of ...


The Power Of "So-Called Judges", Tara Leigh Grove Sep 2019

The Power Of "So-Called Judges", Tara Leigh Grove

Tara L. Grove

No abstract provided.


Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman Sep 2019

Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, Alan J. Meese Sep 2019

Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, Alan J. Meese

Alan J. Meese

No abstract provided.


The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus Sep 2019

The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus

Paul Marcus

No abstract provided.


Judging In The Age Of Technology, Fredric I. Lederer Sep 2019

Judging In The Age Of Technology, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


Now Is The Time: Experts Vs. The Uninitiated As Future Nominees To The U.S. Court Of Appeals For Veterans Claims, Bradley W. Hennings, David E. Boelzner, Jennifer Rickman White Sep 2019

Now Is The Time: Experts Vs. The Uninitiated As Future Nominees To The U.S. Court Of Appeals For Veterans Claims, Bradley W. Hennings, David E. Boelzner, Jennifer Rickman White

David E. Boelzner

Two-thirds of judges appointed to the Court of Appeals for Veterans Claims ("CAVC" or "Court") could and should be drawn from among lawyers experienced in the U.S. Department of Veterans Affairs ("VA") benefits claims adjudication system. It is a specialty court, and like other such courts, its judges would benefit from specialized experience. All stakeholders in the claims system and the Court's work, and most importantly, veterans, would benefit from a Court that has appointees steeped in VA law and adjudication.


Does The 'Mcconnell Principle' Make Sense?, Jeffrey Bellin Sep 2019

Does The 'Mcconnell Principle' Make Sense?, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


How Merrick Garland Could Help Heal America, Jeffrey Bellin Sep 2019

How Merrick Garland Could Help Heal America, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins Sep 2019

Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins

Neal E. Devins

Supreme Court Justices care more about the views of academics, journalists, and other elites than they do about public opinion. This is true of nearly all Justices and is especially true of swing Justices, who often cast the critical votes in the Court’s most visible decisions. In this Article, we will explain why we think this is so and, in so doing, challenge both the dominant political science models of judicial behavior and the significant work of Barry Friedman, Jeffrey Rosen, and others who link Supreme Court decision making to public opinion.


Finding Data And Statistics On Judges, Leslie A. Street Sep 2019

Finding Data And Statistics On Judges, Leslie A. Street

Leslie A. Street

No abstract provided.


Congress And The Making Of The Second Rehnquist Court, Neal Devins Sep 2019

Congress And The Making Of The Second Rehnquist Court, Neal Devins

Neal E. Devins

No abstract provided.


'"Ideology" Or "Situation Sense"? An Experimental Investigation Of Motivated Reasoning And Professional Judgment, Dan M. Kahan, David Hoffman, Danieli Evans, Neal Devins, Eugene Lucci, Katherine Cheng Sep 2019

'"Ideology" Or "Situation Sense"? An Experimental Investigation Of Motivated Reasoning And Professional Judgment, Dan M. Kahan, David Hoffman, Danieli Evans, Neal Devins, Eugene Lucci, Katherine Cheng

Neal E. Devins

This Article reports the results of a study on whether political predispositions influence judicial decisionmaking. The study was designed to overcome the two principal limitations on existing empirical studies that purport to find such an influence: the use of nonexperimental methods to assess the decisions of actual judges; and the failure to use actual judges in ideologically-biased-reasoning experiments. The study involved a sample of sitting judges (n = 253), who, like members of a general public sample (n = 800), were culturally polarized on climate change, marijuana legalization and other contested issues. When the study subjects were assigned to analyze statutory interpretation ...


Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl Sep 2019

Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl Sep 2019

If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.