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Articles 1 - 15 of 15

Full-Text Articles in Judges

Judging Without A J.D., Sara Sternberg Greene, Kristen M. Renberg Jan 2022

Judging Without A J.D., Sara Sternberg Greene, Kristen M. Renberg

Faculty Scholarship

One of the most basic assumptions of our legal system is that when two parties face off in court, the case will be adjudicated before a judge who is trained in the law. This Essay begins by showing that, empirically, the assumption that most judges have legal training does not hold true for many low-level state courts. Using data we compiled from all fifty states and the District of Columbia, we find that thirty-two states allow at least some low-level state court judges to adjudicate without a law degree, and seventeen states do not require judges who adjudicate eviction cases …


John Marshall Harlan And Constitutional Adjudication: An Anniversary Rehearing, H. Jefferson Powell Jan 2021

John Marshall Harlan And Constitutional Adjudication: An Anniversary Rehearing, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


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.


Fundamental Unenumerated Rights Under The Ninth Amendment And Privileges Or Immunities Clause, Adam Lamparello Mar 2015

Fundamental Unenumerated Rights Under The Ninth Amendment And Privileges Or Immunities Clause, Adam Lamparello

Adam Lamparello

The failure to link the Ninth Amendment and Privileges or Immunities Clause for the purpose of creating unenumerated fundamental rights has been a persistent but rarely discussed aspect of the Court’s jurisprudence. That should change. There need not be an ongoing tension between the Court’s counter-majoritarian role and the authority of states to govern through the democratic process. If the Constitution’s text gives the Court a solid foundation upon which to recognize new rights and thereby create a more just society, then the exercise of that power is fundamentally democratic. The Ninth Amendment and Privileges or Immunities Clause provides that …


Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Neil Vidmar, Lisa Kern Griffin Jan 2014

Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Neil Vidmar, Lisa Kern Griffin

Faculty Scholarship

No abstract provided.


Judicial Suspensions And Due Process Under Venezuela's New Democratic Model , Brenda Brown Perez Apr 2013

Judicial Suspensions And Due Process Under Venezuela's New Democratic Model , Brenda Brown Perez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Balancing Administrative Efficiency And Fairness: Restrictions On Local Hearings Advisors Post-Nightlife Partners, Ltd. V. City Of Beverly Hills , Kelli Shope Apr 2013

Balancing Administrative Efficiency And Fairness: Restrictions On Local Hearings Advisors Post-Nightlife Partners, Ltd. V. City Of Beverly Hills , Kelli Shope

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Psychology Of Trial Judging, Neil Vidmar Jan 2011

The Psychology Of Trial Judging, Neil Vidmar

Faculty Scholarship

Trial court judges play a crucial role in the administration of justice for both criminal and civil matters. Although psychologists have studied juries for many decades, they have paid relatively little attention to judges. Recent writings, however, suggest that there is increasing interest in the psychology of judicial decision making. In this article, I review several selected areas of judicial behavior in which decisions appear to be influenced by psychological dispositions, but I caution that a mature psychology of judging field will need to consider the influence of the bureaucratic court setting in which judges are embedded, judges’ legal training, …


Judicial Discretion In Dispensing With The Service Of Process Requirement In Hong Kong Under Order 45, Rule 7(7), Simon Teng Jan 2004

Judicial Discretion In Dispensing With The Service Of Process Requirement In Hong Kong Under Order 45, Rule 7(7), Simon Teng

Maryland Series in Contemporary Asian Studies

No abstract provided.


Regulatory Takings And "Judicial Supremacy", J. Peter Byrne Jan 2000

Regulatory Takings And "Judicial Supremacy", J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The thesis of this Article is that the Court of Federal Claims and the Court of Appeals for the Federal Circuit have become exposed to this classic critique of constitutional decision-making through the recent expansions of the regulatory takings doctrine. Though the chief agent for this expansion has been the Supreme Court, these lower courts have made their own prominent contributions to broadening regulatory takings, and they are far more vulnerable to political reprisals. Like the Due Process Clause in the gilded age, the Takings Clause today can easily be and has been seen as an avenue for inappropriate judicial …


Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re Jan 1991

Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re

Cleveland State Law Review

As a federal judge I fully appreciate the role of the judiciary in reviewing the actions of administrative agencies. Hence, I am pleased to discuss the concepts of due process, judicial review, and the rights of the individual. Since it cannot be questioned that public officers and administrative agencies vitally affect the lives and interests of all persons, it is important to know the legal controls and remedies that are available to assure that public officials act lawfully. This, of course, implies that all administrators and officers of government must act within the bounds of their delegated authority and comply …


Fairness And Natural Justice In English And South African Law, Lawrence G. Baxter Jan 1979

Fairness And Natural Justice In English And South African Law, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson Oct 1974

Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson

Indiana Law Journal

No abstract provided.


The Fee System Courts: Financial Interest Of Judges And Due Process Jun 1974

The Fee System Courts: Financial Interest Of Judges And Due Process

Washington and Lee Law Review

No abstract provided.


Constitutional Law--Justice Of The Peace Disqualified By Pecuniary Interest--1961 Statute Held Invalid, John Everett Busch Apr 1962

Constitutional Law--Justice Of The Peace Disqualified By Pecuniary Interest--1961 Statute Held Invalid, John Everett Busch

West Virginia Law Review

No abstract provided.