Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Judges (24)
- Law and Society (17)
- Constitutional Law (15)
- Courts (15)
- Legal Profession (13)
-
- Jurisprudence (9)
- Law and Politics (8)
- Law and Gender (6)
- Legal Education (6)
- Legal Writing and Research (6)
- State and Local Government Law (5)
- Supreme Court of the United States (5)
- Arts and Humanities (4)
- Civil Rights and Discrimination (4)
- Administrative Law (3)
- Common Law (3)
- Jurisdiction (3)
- Legal Ethics and Professional Responsibility (3)
- Litigation (3)
- President/Executive Department (3)
- Social and Behavioral Sciences (3)
- American Politics (2)
- Civil Procedure (2)
- Contracts (2)
- Criminal Procedure (2)
- First Amendment (2)
- Fourteenth Amendment (2)
- History (2)
- Institution
-
- Pepperdine University (5)
- Roger Williams University (5)
- Selected Works (3)
- American University Washington College of Law (2)
- Boston University School of Law (2)
-
- New York Law School (2)
- Penn State Dickinson Law (2)
- SelectedWorks (2)
- Fordham Law School (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- Otterbein University (1)
- Schulich School of Law, Dalhousie University (1)
- Seattle University School of Law (1)
- St. Mary's University (1)
- Syracuse University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Massachusetts School of Law (1)
- University of Michigan Law School (1)
- University of New Hampshire (1)
- University of Pittsburgh School of Law (1)
- University of Richmond (1)
- University of Tennessee, Knoxville (1)
- Publication Year
- Publication
-
- Pepperdine Law Review (3)
- School of Law Conferences, Lectures & Events (3)
- Articles in Law Reviews & Other Academic Journals (2)
- Dickinson Law Review (2017-Present) (2)
- Faculty Scholarship (2)
-
- Journal of the National Association of Administrative Law Judiciary (2)
- Life of the Law School (1993- ) (2)
- NYLS Law Review (2)
- Articles (1)
- Articles by Maurer Faculty (1)
- Carlo A. Pedrioli (1)
- Chancellor’s Honors Program Projects (1)
- Charles E. Colman (1)
- Dalhousie Law Journal (1)
- Daniel M Katz (1)
- Dissertations - ALL (1)
- Faculty Publications (1)
- Fordham Urban Law Journal (1)
- Journal Articles (1)
- Law Faculty Scholarly Articles (1)
- Law Faculty Scholarship (1)
- Maryland Law Review (1)
- Michigan Journal of International Law (1)
- Randy J Kozel (1)
- Richard J. Peltz-Steele (1)
- Seattle University Law Review (1)
- St. Mary's Journal on Legal Malpractice & Ethics (1)
- The Journal of Appellate Practice and Process (1)
- Touro Law Review (1)
- Undergraduate Honors Thesis Projects (1)
- Publication Type
Articles 1 - 30 of 41
Full-Text Articles in Legal History
Just Choices? Judicial Selection, Ideology, And Partisanship In The Ohio Supreme Court, Margo D'Agostino
Just Choices? Judicial Selection, Ideology, And Partisanship In The Ohio Supreme Court, Margo D'Agostino
Undergraduate Honors Thesis Projects
This thesis joins the conversation on judicial selection and impacts on judicial ideology. This is a multifaceted question that engages with the history of judicial selection, differences between states, growing polarization and partisanship, and an influx in campaign spending that can all influence Justices’ behavior while on the bench. While other theorists have used more quantitative or statistical analytics, more research is still needed on the nuanced and qualitative questions surrounding the judiciary in the United States, especially on the state level. I look at three Ohio Supreme Court Justices—Maureen O’Connor, Jennifer Brunner, and Sharon Kennedy—and decisions they have penned …
2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law
2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Mirror, Mirror, On The Wall—Biased Impartiality, Appearances, And The Need For Recusal Reform, Zygmont A. Pines
Mirror, Mirror, On The Wall—Biased Impartiality, Appearances, And The Need For Recusal Reform, Zygmont A. Pines
Dickinson Law Review (2017-Present)
The article focuses on a troubling aspect of contemporary judicial morality.
Impartiality—and the appearance of impartiality—are the foundation of judicial decision-making, judicial morality, and the public’s trust in the rule of law. Recusal, in which a jurist voluntarily removes himself or herself from participating in a case, is a process that attempts to preserve and promote the substance and the appearance of judicial impartiality. Nevertheless, the traditional common law recusal process, prevalent in many of our state court systems, manifestly subverts basic legal and ethical norms.
Today’s recusal practice—whether rooted in unintentional hypocrisy, wishful thinking, or a pathological cognitive dissonance— …
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law (June 2019), Roger Williams University School Of Law
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law (June 2019), Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News: Celebrating The First Women Lawyers In Rhode Island April 12, 2019, Michael M. Bowden
Law School News: Celebrating The First Women Lawyers In Rhode Island April 12, 2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019, Roger Williams University School Of Law
First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Women In Robes 10/04/2018, Roger Williams University School Of Law, Women's Law Society
Women In Robes 10/04/2018, Roger Williams University School Of Law, Women's Law Society
School of Law Conferences, Lectures & Events
No abstract provided.
The Right To An Independent Judiciary And The Avoidance Of Constitutional Conflict: The Burger Court’S Flawed Reasoning In Chandler V. Judicial Council Of The Tenth Circuit And Its Unfortunate Legacy, Joshua E. Kastenberg
St. Mary's Journal on Legal Malpractice & Ethics
In 1970, the United States Supreme Court issued Chandler v. Judicial Council of the Tenth Circuit in which five Justices determined that the federal courts of appeals possessed an administrative authority to manage the district court judges within an appellate court’s respective circuit. The decision enabled the Tenth Circuit to decide the fitness of a judge to preside over cases without a formal motion from a litigant. Although Congress had enabled the courts of appeals to oversee basic judicial functions (such as temporarily assigning district court judges to overworked districts), Congress did not intend to grant the power to remove …
Introduction To Section Vi: Understanding And Improving Our Judicial System, Hanna Borsilli
Introduction To Section Vi: Understanding And Improving Our Judicial System, Hanna Borsilli
Dickinson Law Review (2017-Present)
No abstract provided.
Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner
Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner
The Journal of Appellate Practice and Process
No abstract provided.
“Government By Injunction,” Legal Elites, And The Making Of The Modern Federal Courts, Kristin Collins
“Government By Injunction,” Legal Elites, And The Making Of The Modern Federal Courts, Kristin Collins
Faculty Scholarship
The tendency of legal discourse to obscure the processes by which social and political forces shape the law’s development is well known, but the field of federal courts in American constitutional law may provide a particularly clear example of this phenomenon. According to conventional accounts, Congress’s authority to regulate the lower federal courts’ “jurisdiction”—generally understood to include their power to issue injunctions— has been a durable feature of American constitutional law since the founding. By contrast, the story I tell in this essay is one of change. During the nineteenth century and into the twentieth, many jurists considered the federal …
My Turn: 'We The People' And The Garland Nomination, John M. Greabe
My Turn: 'We The People' And The Garland Nomination, John M. Greabe
Law Faculty Scholarship
[Excerpt] "Because I teach constitutional law, a friend recently asked me whether Judge Merrick Garland or President Obama might successfully sue to compel the Senate to take action on the nomination of Judge Garland to fill the vacancy on the United States Supreme Court.
Almost certainly not, I told him. Under settled precedent, a judge would dismiss such a case as raising a non-legal ''political" question. It would be very difficult to develop acceptable decisional standards for such a claim. Moreover, courts are reluctant to entertain lawsuits challenging mechanisms that the Senate uses to oversee the judiciary."
Precedent And Reliance, Randy J. Kozel
Precedent And Reliance, Randy J. Kozel
Randy J Kozel
Among the most prevalent justifications for deference to judicial precedent is the protection of reliance interests. The theory is that when judicial pronouncements have engendered significant reliance, there should be a meaningful presumption against adjudicative change. Yet there remains a fundamental question as to why reliance on precedent warrants judicial protection in the first place.
This Article explores the dynamics and implications of precedential reliance. It contends that the case for protecting reliance on precedent is uncertain. There are several reasons why reliance might potentially be worth protecting, but all are subject to serious limitations or challenges. To bolster the …
Hustle And Flow: A Social Network Analysis Of The American Federal Judiciary, Daniel Martin Katz
Hustle And Flow: A Social Network Analysis Of The American Federal Judiciary, Daniel Martin Katz
Daniel M Katz
No abstract provided.
Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson
Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson
Chancellor’s Honors Program Projects
No abstract provided.
Fashion, Sexism, And The United States Federal Judiciary, Charles E. Colman
Fashion, Sexism, And The United States Federal Judiciary, Charles E. Colman
Charles E. Colman
The U.S. federal judiciary has frequently displayed a dismissive attitude toward "fashion," while simultaneously recognizing the great economic importance of clothing. As fashion was, from the formation of the United States until at least the late 1960s, associated primarily with the female sex, while judges during this time period were almost exclusively male, one naturally wonders whether the power dynamics of gender shaped the development of the law pertaining to fashion. There is good reason to believe that this has indeed been the case.
Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele
Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele
Richard J. Peltz-Steele
Appellate judges operate in the shadows. Though they don’t see it that way. “We are judged by what we write,” said U.S. Supreme Court Justice Anthony Kennedy. True too, court proceedings and records are presumptively open to the public. The West Wing of the White House is certainly not so vulnerable to public scrutiny, and the backrooms of legislative chambers are famously smoke-filled. Yet the parts of court activity that we see and hear seem only to whet our appetite for the rest of the process. In this Preface, the author introduces the subject of the journalist and the court, …
Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko
Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil
Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil
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.
Precedent And Reliance, Randy J. Kozel
Precedent And Reliance, Randy J. Kozel
Journal Articles
Among the most prevalent justifications for deference to judicial precedent is the protection of reliance interests. The theory is that when judicial pronouncements have engendered significant reliance, there should be a meaningful presumption against adjudicative change. Yet there remains a fundamental question as to why reliance on precedent warrants judicial protection in the first place.
This Article explores the dynamics and implications of precedential reliance. It contends that the case for protecting reliance on precedent is uncertain. There are several reasons why reliance might potentially be worth protecting, but all are subject to serious limitations or challenges. To bolster the …
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Pepperdine Law Review
No abstract provided.
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Pepperdine Law Review
No abstract provided.
The Freewheelin’ Judiciary: A Bob Dylan Anthology, Alex B. Long
The Freewheelin’ Judiciary: A Bob Dylan Anthology, Alex B. Long
Fordham Urban Law Journal
Judges at all levels in the United States judicial system have cited Bob Dylan far more often than any other popular music artist. The logical question then becomes, “why?” Why is Dylan (rather than John Lennon, Woody Guthrie, or some other prominent and sociallyconscious songwriter) the preferred songwriter for judges, and why do judges feel the need to cite Dylan’s lyrics to begin with? What are they hoping to convey to the reader about the legal issue at hand, the legal system in general, or about themselves that causes them to rely on the works of Dylan? What type of …
The Impeachment Of The Judges Of The Nova Scotia Supreme Court, 1787-1793: Colonial Judges, Loyalist Lawyers, And The Colonial Assembly, Jim Phillips
Dalhousie Law Journal
In 1790 the Nova Scotia House of Assembly passed seven "articles of impeachment" against two ofthe colony's Supreme Courtjudges, the firstattempt bya British North American assembly to remove superior courtjudges. Although the impeachment failed when the British government rejected the charges, it is noteworthy nonetheless. The product of a dispute between newly arrived loyalist lawyers and a local elite of "old inhabitants, " it was at one and the same time a political struggle between the Assembly and the executive branch, and one that involved concerns about judicial competence. The impeachment crisis also demonstrates the close links between the judiciary …
Acus 2.0 And Its Historical Antecedents, Jeffrey Lubbers
Acus 2.0 And Its Historical Antecedents, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Fractured Establishment's Responses To Social Movement Agitation: The U.S. Supreme Court And The Negotiation Of An Outsider Point Of Entry In Walker V. City Of Birmingham, Carlo A. Pedrioli
Carlo A. Pedrioli
In classical social movement theory, scholars have identified the advocates of change as elements of agitation and the establishment as the entity that responds in an attempt to control the agitators. This classical approach has assumed that the establishment is a generally monolithic entity that responds in a unified manner to the efforts of the advocates of change.
While this approach may accurately characterize some rhetorical situations, it does not necessarily have to characterize all such situations. For example, one could describe the judiciary as a part of the establishment because judges are well-connected and powerful individuals who, in many …
“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato
“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato
Dissertations - ALL
Robert H. Jackson’s service as Solicitor General has attained mythic status, prompting academics and commentators consistently to rate him as one of the greatest appointees to that office. In part, his stature reflects his extraordinary skill as an attorney. In some measure, Jackson’s legend draws upon the Supreme Court’s growing liberalism, which occurred upon his watch. As Peter Ubertaccio argues in his history of the office, Learned in the Law and Politics, the stature of the Solicitor General suffered during the early 1930s, when the court generally ruled against the government, then improved as the court sided with the Roosevelt …
Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.
Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.
University of Richmond Law Review
No abstract provided.
Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele
Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele
Faculty Publications
Appellate judges operate in the shadows. Though they don’t see it that way. “We are judged by what we write,” said U.S. Supreme Court Justice Anthony Kennedy. True too, court proceedings and records are presumptively open to the public. The West Wing of the White House is certainly not so vulnerable to public scrutiny, and the backrooms of legislative chambers are famously smoke-filled. Yet the parts of court activity that we see and hear seem only to whet our appetite for the rest of the process. In this Preface, the author introduces the subject of the journalist and the court, …