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Full-Text Articles in Legal History
Court Fixing, Tracey E. George
Court Fixing, Tracey E. George
Vanderbilt Law School Faculty Publications
This Article critically examines the existing social science evidence on the relative importance of various individual factors on judicial behavior and adds to that evidence by considering the influence of prior academic experience on judges. Researchers have not focused much attention on the importance of a judge's background as a full-time law professor and legal scholar, although more than thirteen percent of courts of appeals appointees were former law professors. Franklin Roosevelt and Ronald Reagan both viewed the federal judiciary (particularly the Supreme Court and the Courts of Appeals) as integral to their policy agendas, and both further believed that …
Developing A Positive Theory Of Decisionmaking On U.S. Courts Of Appeals, Tracey E. George
Developing A Positive Theory Of Decisionmaking On U.S. Courts Of Appeals, Tracey E. George
Vanderbilt Law School Faculty Publications
As the decisions of the United States Courts of Appeals become an increasingly important part of American legal discourse, the debate concerning adjudication theories of the circuit courts gain particular relevance. Whereas, to date, the issue has received mostly normative treatment, this Article proceeds systematically and confronts the positive inquiry: how do courts of appeals judges actually decide cases? The Article proposes theoretically, tests empirically, and considers the implications of, a combined attitudinal and strategic model of en banc court of appeals decision making. The results challenge the classicist judges, legal scholars, and practitioners' normative frameworks, and suggest positive theory's …
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution (Part One), Robert B. Jones
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution (Part One), Robert B. Jones
Vanderbilt Law Review
This brief survey has superficially touched upon the most prominent works of the historiography of slavery and has ignored the large mass of work on subjects such as slavery in the various states, slave rebellions, slave reminiscences, and the anti-slavery crusade. With the exception of the Civil War, perhaps more has been written about slavery than any other aspect of southern history. Despite the great amount of scholarship devoted to the study of slavery, however, there has been, as Keir Nash points out, little scholarly work done on the legal history of slavery. One hopes this gap will be bridged …
The Tennessee County Courts Under The North Carolina And Territorial Governments: The Davidson County Court Of Pleas And Quarter Sessions, 1783-1796, As A Case Study, Theodore Brown Jr.
The Tennessee County Courts Under The North Carolina And Territorial Governments: The Davidson County Court Of Pleas And Quarter Sessions, 1783-1796, As A Case Study, Theodore Brown Jr.
Vanderbilt Law Review
This Note will attempt to provide the framework for a more extended institutional examination of the post-revolutionary courts that functioned in the counties of western-most North Carolina and,beginning in 1790, the Territory South of the River Ohio before their organization into the new state of Tennessee in June 1796. The Note initially will set forth the jurisdiction and the regulatory authority of the county courts of pleas and quarter sessions under the North Carolina and territorial governments, will describe the jurisdiction and authority of the courts' individual justices, and will examine the role of the petit jury in exercising a …
240 Men: The Antebellum Lower Federal Judiciary, 1829-1861, Kermit L. Hall
240 Men: The Antebellum Lower Federal Judiciary, 1829-1861, Kermit L. Hall
Vanderbilt Law Review
Between 1829 and 1861 antebellum presidents nominated 200 judges to the federal lower courts. Earlier administrations had appointed another forty jurists who held their positions during part or all of the era. Of these judges, 108 served in the federal district courts, 126 in the territorial courts, five in the Court of Claims, and one in a special circuit court established in 1855 for the northern district of California. The number of appointments available to an administration involved fate and the pace of territorial expansion;thus, during the first eight years of the period, Jackson nominated thirty-two judges, while in the …