Open Access. Powered by Scholars. Published by Universities.®

Judges Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Judges

Circuit Personalities, Allison Orr Larsen, Neal Devins Oct 2022

Circuit Personalities, Allison Orr Larsen, Neal Devins

Faculty Publications

The U.S. Courts of Appeals do not behave as one; they have developed circuit-specific practices that are passed down from one generation of judges to the next. These different norms and traditions (some written down, others not) exist on a variety of levels: rules governing oral argument and the publishing of opinions, en banc practices, social customs, case discussion norms, law clerk dynamics, and even selfimposed circuit nicknames. In this Article, we describe these varying “circuit personalities” and then argue that they are necessary to the very survival of the federal courts of appeals. Circuit-specific norms and traditions foster collegiality …


Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson Nov 2019

Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson

St. Mary's Law Journal

Abstract forthcoming


The Ideological Consequences Of Selection: A Nationwide Study Of The Methods Of Selecting Judges, Brian T. Fitzpatrick Nov 2017

The Ideological Consequences Of Selection: A Nationwide Study Of The Methods Of Selecting Judges, Brian T. Fitzpatrick

Vanderbilt Law Review

How best to select judges has been the subject of great debate ever since the founding of the United States. Over the course of American history, four basic methods of selection have been tried (with some variations among them): appointment by elected officials, partisan election, nonpartisan election, and selection by a technocratic commission.' The first three methods will be familiar to most readers: gubernatorial or legislative appointment of judges, contested elections with party affiliation on the ballot, and contested elections without party affiliation on the ballot. But readers may be less familiar with the last method: many states today use …


May It Please The Court?: The Perils Of Correcting A Justice's Pronunciation, James J. Duane Apr 2017

May It Please The Court?: The Perils Of Correcting A Justice's Pronunciation, James J. Duane

Seton Hall Circuit Review

No abstract provided.


A Favorite, Nancy Bellhouse May Oct 2006

A Favorite, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


What Appellate Judges Do, Rick Sims Oct 2005

What Appellate Judges Do, Rick Sims

The Journal of Appellate Practice and Process

No abstract provided.


What's The Difference? Comparing The Advocacy Preferences Of State And Federal Appellate Judges, David Lewis Oct 2005

What's The Difference? Comparing The Advocacy Preferences Of State And Federal Appellate Judges, David Lewis

The Journal of Appellate Practice and Process

No abstract provided.


Don't Shoot The Canons: Maintaining The Appearance Of Propriety Standard, M. Margaret Mckeown Apr 2005

Don't Shoot The Canons: Maintaining The Appearance Of Propriety Standard, M. Margaret Mckeown

The Journal of Appellate Practice and Process

No abstract provided.


The Role Of Appellate Judges In Intermediate Courts, J. Thomas Sullivan Jan 2000

The Role Of Appellate Judges In Intermediate Courts, J. Thomas Sullivan

The Journal of Appellate Practice and Process

The editor begins with commentary on the role of an appellate judge and then provides follow-up on previous articles dealing with New Mexico appellate mediation and also prosecutorial misconduct.


Clerks In The Maze, Pierre Schlag Jan 1993

Clerks In The Maze, Pierre Schlag

Publications

No abstract provided.


Writing For Judges, Pierre Schlag Jan 1992

Writing For Judges, Pierre Schlag

Publications

No abstract provided.


Pre-Figuration And Evaluation, Pierre Schlag Jan 1992

Pre-Figuration And Evaluation, Pierre Schlag

Publications

In this response to Professor Rubin, Professor Schlag argues that a prescriptive theory of evaluation does not free an evaluator from the bias inherent in his own pre-figurations. On the contrary, the belief that better evaluative criteria will advance the cause of fairer evaluation is itself an effect of flawed and unrationalized pre-figurations of conventional legal thought. Professor Schlag argues that the evaluation question and its attendant disputes arise from a more significant development--the unraveling of the dominant paradigm of legal thought, the decomposition of normative legal thought.