Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (10)
- Administrative Law (7)
- Jurisprudence (7)
- Constitutional Law (4)
- Law and Society (4)
-
- Supreme Court of the United States (4)
- Legal History (3)
- Legal Biography (2)
- Legal Profession (2)
- Rule of Law (2)
- Civil Rights and Discrimination (1)
- Contracts (1)
- Law and Gender (1)
- Law and Philosophy (1)
- Law and Politics (1)
- Legal Ethics and Professional Responsibility (1)
- Political Science (1)
- President/Executive Department (1)
- Religion Law (1)
- Social and Behavioral Sciences (1)
- Torts (1)
- Institution
- Publication Year
Articles 1 - 30 of 36
Full-Text Articles in Judges
The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth
The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth
Touro Law Review
This Article provides a comparative analysis of Judge Benjamin Cardozo’s tort decisions in Palsgraf v. Long Island Railroad Co., one of his most famous tort decisions, contrasted with a lesser-known tort opinion in Hynes v. New York Central Railroad Co. The Author attempts to address Cardozo’s humanistic and intellectual dichotomies which are exemplified by these two real-life tort precedents—one of which, Palsgraf, most practitioners may only have a distant recall. A historical overview of Cardozo’s life is also discussed. These two decisions portray Cardozo as an emotive human being exercising hit-or-miss judging. This theme provides a differ viewpoint from Cardozo’s …
Justice Benjamin Nathan Cardozo And His Two Most Important Questions: Reflections On The Choice Of Tycho Brahe, Randy Lee
Touro Law Review
No abstract provided.
One Judge's Legacy And The New York Court Of Appeals: Mr. Justice Cardozo And The Law Of Contracts, Meredith R. Miller
One Judge's Legacy And The New York Court Of Appeals: Mr. Justice Cardozo And The Law Of Contracts, Meredith R. Miller
Touro Law Review
No abstract provided.
Antipodal Invective: A Field Gude To Kangaroos In American Courtrooms, Parker B. Potter Jr.
Antipodal Invective: A Field Gude To Kangaroos In American Courtrooms, Parker B. Potter Jr.
Akron Law Review
This article discusses three other groups of opinions that use the phrase “kangaroo court.” The first section describes the various decision-making behaviors that qualify a tribunal to wear the Scarlet K. It does so by discussing opinions in which a judge or a litigant has given a definition of the term “kangaroo court” when that term is used metaphorically, as invective, to disparage the fairness of another tribunal. The second section describes the habitat of adjudicatory kangaroos by examining opinions like Silver v. Castle Memorial Hospital, in which a judge has called another tribunal a kangaroo court. The third section …
Judge Posner's Simple Law, Mitchell N. Berman
Judge Posner's Simple Law, Mitchell N. Berman
Michigan Law Review
The world is complex, Richard Posner observes in his most recent book, Reflections on Judging. It follows that, for judges to achieve “sensible” resolutions of real-world disputes—by which Judge Posner means “in a way that can be explained in ordinary language and justified as consistent with the expectations of normal people” (p. 354)—they must be able to navigate the world’s complexity successfully. To apply legal rules correctly and (where judicial lawmaking is called for) to formulate legal rules prudently, judges must understand the causal mechanisms and processes that undergird complex systems, and they must be able to draw sound factual …
Law Clerks And The Institutional Design Of The Federal Judiciary, Albert Yoon
Law Clerks And The Institutional Design Of The Federal Judiciary, Albert Yoon
Marquette Law Review
This Essay highlights the evolving institutional changes in the federal judiciary—a protracted confirmation process, higher caseload demands, and declining real salaries—in concurrence with evidence suggesting greater reliance by judges on their law clerks when writing opinions. These dynamic forces arguably undermine the integrity of the judicial process and counsel for legislative action to address judicial working conditions or for changes by judges in the hiring of law clerks.
Who Writes? Gender And Judgment Assignment On The Supreme Court Of Canada, Peter Mccormick
Who Writes? Gender And Judgment Assignment On The Supreme Court Of Canada, Peter Mccormick
Osgoode Hall Law Journal
This article poses the question: Now that women are receiving an increasing share of the seats on the Supreme Court of Canada (the Court), can we conclude with confidence that they have been admitted to full participation, with a mix of judgments—including the more significant decisions—that is fully comparable to their male colleagues? The author looks at the assignment of reasons for judgment on the Court over the last three chief justiceships, with specific reference to the relative rate of assignments to male and female judges. He finds that the male/female gap is more robust than ever, although he also …
Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss
Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
General Semantics, Stare Decisis And Change Through Considerations Of A New Ethics, Irene S. Ross
General Semantics, Stare Decisis And Change Through Considerations Of A New Ethics, Irene S. Ross
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Surviving The Politics Of Judging: National Association Of Adminsitrative Law Judges Luncheon Address, September 13, 1999 , Penny J. White
Surviving The Politics Of Judging: National Association Of Adminsitrative Law Judges Luncheon Address, September 13, 1999 , Penny J. White
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler
Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Texas State Office Of Administrative Hearings: Establishing Independent Adjudicators In Contested Case Proceedings While Preserving The Power Of Institutional Decision-Making, Ron Beal
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Policymaking By The Administrative Judiciary , Charles H. Koch Jr.
Policymaking By The Administrative Judiciary , Charles H. Koch Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Accommodating Alj Decision Making Independence With Institutional Interests Of The Administrative Judiciary, Harold J. Krent, Lindsay Duvall
Accommodating Alj Decision Making Independence With Institutional Interests Of The Administrative Judiciary, Harold J. Krent, Lindsay Duvall
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein
Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert
Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert
Pepperdine Law Review
No abstract provided.
"Was It Something I Said?": Losing The Majority On The Modern Supreme Court Of Canada, 1984-2011, Peter J. Mccormick
"Was It Something I Said?": Losing The Majority On The Modern Supreme Court Of Canada, 1984-2011, Peter J. Mccormick
Osgoode Hall Law Journal
Appeal court judges do not just vote and run; they vote and then they explain, at length, why theirs is the most reasonable position. Since the core of explanation is persuasion, this means that between the initial conference vote and the final decision, some of the judges sometimes change their minds; and this in turn means that sometimes an initial majority becomes a minority and vice versa, something which often leaves clear footprints in the written record. This paper demonstrates that this happens more often than we might think—some 255 times for the last three Chief Justiceships, or roughly once …
The Rule Of Law For Judges, Thomas M. Reavley
The Rule Of Law For Judges, Thomas M. Reavley
Pepperdine Law Review
No abstract provided.
"Of A Judiciary Nature": Observations On Chief Justice's First Opinions, Diane S. Sykes
"Of A Judiciary Nature": Observations On Chief Justice's First Opinions, Diane S. Sykes
Pepperdine Law Review
No abstract provided.
The Roberts Court & Executive Power, Jeffrey Rosen
The Roberts Court & Executive Power, Jeffrey Rosen
Pepperdine Law Review
No abstract provided.
The Alito/O'Connor Switch, Joan Biskupic
The Inaugural William French Smith Memorial Lecture: A Look At Supreme Court Advocacy With Justice Samuel Alito, Samuel A. Alito Jr, Douglas W. Kmiec, Carter G. Phillips, Kenneth W. Starr
The Inaugural William French Smith Memorial Lecture: A Look At Supreme Court Advocacy With Justice Samuel Alito, Samuel A. Alito Jr, Douglas W. Kmiec, Carter G. Phillips, Kenneth W. Starr
Pepperdine Law Review
No abstract provided.
Law, Higher Law, And Human Making, William S. Brewbaker Iii
Law, Higher Law, And Human Making, William S. Brewbaker Iii
Pepperdine Law Review
This paper is a preliminary investigation of what Christian theology might teach us about the nature of human creative activity and its relationship to judging and lawmaking. Rather than attempt to survey and synthesize multiple theological accounts of human making, it focuses on just one - Dorothy Sayers' The Mind of the Maker. The foundational analogy that drives Sayers' account of human creativity is the relation between God's creative activity and that of human beings made in his image. Sayers argues that human creative activity has a Trinitarian structure, which she identifies as Idea, Energy and Power. These three elements …
Does Judicial Philosophy Matter?: A Case Study, Francisco J. Benzoni, Christopher S. Dodrill
Does Judicial Philosophy Matter?: A Case Study, Francisco J. Benzoni, Christopher S. Dodrill
West Virginia Law Review
A leading theory in the study of judicial behavior is the attitudinal model. This theory maintains that a judge's political ideology can be used to predict how a judge will decide certain cases; other factors, such as the judge's judicial philosophy, tend to be unimportant. Under this theory, two judges with the same political ideology, but different judicial philosophies, should virtually always vote the same way in cases with predicted ideological outcomes. This manuscript tests the attitudinal model by examining opinions by two judges with very similar political ideologies but different judicial philosophies: Judge Michael Luttig and Judge Harvie Wilkinson …
The Servant Of All: Humility, Humanity, And Judicial Diversity, Michael Nava
The Servant Of All: Humility, Humanity, And Judicial Diversity, Michael Nava
Golden Gate University Law Review
This article discusses how judicial diversity might increase qualities of humility and humanity on the bench. I close this section with two examples, the first involving two United States Supreme Court justices and the second a judge on the San Francisco Superior Court.
Judicial Independence: A Cornerstone Of Liberty: Golden Gate University School Of Law Jesse Carter Distinguished Speaker Series, Michael Traynor
Judicial Independence: A Cornerstone Of Liberty: Golden Gate University School Of Law Jesse Carter Distinguished Speaker Series, Michael Traynor
Golden Gate University Law Review
Constitution Day Lecture, September 18, 2006
Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso
Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso
West Virginia Law Review
No abstract provided.
A Judicial Philosophy: People-Oriented Justice, Larry V. Starcher
A Judicial Philosophy: People-Oriented Justice, Larry V. Starcher
West Virginia Law Review
No abstract provided.
American Citations And The Mclachlin Court: An Empirical Study, Peter Mccormick
American Citations And The Mclachlin Court: An Empirical Study, Peter Mccormick
Osgoode Hall Law Journal
This article examines the use of American jurisprudence by the judges of the McLachlin Court, using an earlier study of such citations as a reference point. In addition to tracking overall use of American citations over time, it looks at these trends: which Canadian judges use American cases and for which types of cases; and which American cases, courts, and judges are being cited. Brief descriptions of the Supreme Court cases with the largest use of American citations precede a categorization of the results. The article confirms previous academic findings that the use of American citations have been modest, with …
The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray
The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray
Indiana Law Journal
No abstract provided.