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The Supreme Court Of Japan: Commentary On The Recent Work Of Scholars In The United States, Tokiyasu Fujita Jan 2011

The Supreme Court Of Japan: Commentary On The Recent Work Of Scholars In The United States, Tokiyasu Fujita

Washington University Law Review

In this Article, the author discusses the issues involving the Supreme Court of Japan (SCJ). It outlines the scholarly works of American law professors John O. Haley and David S. Law which focuses on the Japanese fiduciary. It stresses the gap between the perceived image and the reality of the Japanese fiduciary.


Introduction: Decision Making On The Japanese Supreme Court, David S. Law Jan 2011

Introduction: Decision Making On The Japanese Supreme Court, David S. Law

Washington University Law Review

The Article discusses various reports published within the issue including one by Shigenori Matsui on the abandonment of the task of the Supreme Court of Japan (SCJ) in performing judicial review, one by Stephen Givens on the court rulings of several cases involving corporate laws and another one by Hiroshi Itoh on the factors affecting the decision making of the SCJ.


The Supreme Court And The Push For Transparency In Lower Court Appointments In Japan, Daniel H. Foote Jan 2011

The Supreme Court And The Push For Transparency In Lower Court Appointments In Japan, Daniel H. Foote

Washington University Law Review

An Article on the responsibility of the Japanese Supreme Court in the selection and appointment of lower court judges is presented. It highlights the articles from law professors which addresses the appointment of judges including Lawrence Repeta and J. Mark Ramseyer. It stresses the need to increase the transparency in the lower court appointment process.


Myth Of The Color-Blind Judge: An Empirical Analysis Of Racial Harassment Cases, Pat K. Chew, Robert E. Kelley Jan 2009

Myth Of The Color-Blind Judge: An Empirical Analysis Of Racial Harassment Cases, Pat K. Chew, Robert E. Kelley

Washington University Law Review

In this Article, we present an exploratory empirical study of federal workplace racial harassment cases that span a twenty-year period. Multiple analyses found that judges' race significantly affects outcomes in workplace racial harassment cases. African American judges rule' differently than white judges, even when one takes into account their political affiliation or certain characteristics of the case. Our findings further suggest that judges of all races are attentive to the relevant facts of the cases but may reach different conclusions depending on their races. When race, political affiliation, and certain case characteristics are all considered simultaneously, the role that race ...


Docketology, District Courts, And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey R. Lidicker Jan 2007

Docketology, District Courts, And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey R. Lidicker

Washington University Law Review

Empirical legal scholars have traditionally modeled trial court judicial opinion writing by assuming that judges act rationally, seeking to maximize their influence by writing opinions in politically important cases. To test such views, we collected data from a thousand cases in four different jurisdictions. We recorded information about every judicial action over each case’s life, ranging from the demographic characteristics, workload, and experience of the writing judge; to information about the case, including its jurisdictional basis, complexity, attorney characteristics, and motivating legal theory; to information about the individual orders themselves, including the relevant procedural posture and the winning party ...


Oral Advocacy Before The United States Supreme Court: Does It Affect The Justices' Decisions?, Timothy R. Johnson, James F. Spriggs Ii, Paul J. Wahlbeck Jan 2007

Oral Advocacy Before The United States Supreme Court: Does It Affect The Justices' Decisions?, Timothy R. Johnson, James F. Spriggs Ii, Paul J. Wahlbeck

Washington University Law Review

Our empirical investigation focuses on two areas. First, we are interested in the quality of the oral advocacy presented to the Court, especially in terms of its etiology, as well as its effectiveness. We investigate these questions empirically by utilizing notes taken by Blackmun during oral arguments while he sat on the Court. Specifically, we here utilize the grades that Justice Blackmun assigned to each attorney’s oral arguments. This information allows us to answer two related questions: (1) why do some attorneys make better arguments before the Court; and (2) does the quality of oral advocacy influence who wins ...


Why Are Federal Judges So Acquittal Prone?, Andrew D. Leipold Jan 2005

Why Are Federal Judges So Acquittal Prone?, Andrew D. Leipold

Washington University Law Review

Federal criminal defendants almost always prefer a jury trial to a bench trial, but it is unclear why. Statistically, federal judges are significantly more likely to acquit than a jury is—over a recent 14 year period, for example, the jury trial conviction rate was 84%, while the bench conviction rate was a mere 55%. Moreover, while the conviction rate for juries has remained nearly constant for many years, the judicial rate has fallen steadily since the late 1980s. This Article presents the first systematic attempt to explain this “conviction gap.” Using original compilations of government records on over 75 ...


Internal Communication In The Eighth Circuit Court Of Appeals, Stephen L. Wasby Jan 1980

Internal Communication In The Eighth Circuit Court Of Appeals, Stephen L. Wasby

Washington University Law Review

This Article, part of a study of intracircuit communication and consistency within the United States Courts of Appeals for the Eighth and Ninth Circuits, focuses on the Eighth Circuit's appellate judges' communication with each other, district judges, and judges from outside the circuit. The Article concludes with specific attention to the effects on communication caused by geography and the number of judges on the court.