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The Judge As Umpire: Ten Principles, Brett M. Kavanaugh Jun 2016

The Judge As Umpire: Ten Principles, Brett M. Kavanaugh

Catholic University Law Review

In his speech, Judge Kavanaugh discusses the notion of Judges as umpires and sets forth ten principles that are vital for an impartial judiciary dedicated to the rule of law in our separation of powers system. According to Judge Kavanaugh, Judges cannot act as partisans, must follow establish rules and principles, and must strive for consistency, not only in terms of respecting precedent, but from day to day, in how they decide cases, confront issues, interpret statutes and interpret the Constitution.

Judges must also understand that their role is to apply the rules rather than remake the rules according to …


Defending Dissent: From The Career Of Allan Brotsky To Black Lives Matter, Marvin Stender, Walter Riley, Michael Flynn, Gabriela Lopez Apr 2016

Defending Dissent: From The Career Of Allan Brotsky To Black Lives Matter, Marvin Stender, Walter Riley, Michael Flynn, Gabriela Lopez

The Jesse Carter Distinguished Lecture Series

No abstract provided.


Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root Apr 2016

Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root

Senior Theses and Projects

Over the past decade, the Supreme Court has issued decisions in numerous cases (Roper v. Simmons, Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana) involving juvenile sentencing that have radically transformed our juvenile criminal justice system. While some of these cases did involve juveniles convicted of felony murder, the Supreme Court never directly addressed how to handle juvenile sentencing in felony murder cases. This leaves a gap in society’s understanding of juvenile felony murder sentencing that must be addressed. Otherwise, many juveniles that never intended, attempted, or wished that a life be taken might spend the rest of …


Seventh Annual Chief Justice Ronald M. George Distinguished Lecture: Ggu Law Review Presents: Judicial Insights With Judge Mckeown And Justice Cuéllar, Golden Gate University School Of Law Jan 2016

Seventh Annual Chief Justice Ronald M. George Distinguished Lecture: Ggu Law Review Presents: Judicial Insights With Judge Mckeown And Justice Cuéllar, Golden Gate University School Of Law

Ronald M. George Distinguished Lecture Series

Program brochure for the Seventh Annual Chief Justice Ronald M. George Distinguished Lecture Series.

The event features the Honorable M. Margaret McKeown, Judge, U.S. Court of Appeals for the Ninth Circuit, and the Honorable Mariano-Florentino Cuéllar, Associate Justice, California Supreme Court.


Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan Dec 2015

Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan

Donald J. Kochan

The land one holds is generally only as good as the property rights contained in the deed.
The rights contained in the deed are only as good as the ability to get those rights enforced.
And, the enforcement is only valuable if it recognizes a determinate meaning in the deeds from
the point of conveyance. This Article pens the term “determinacy norm” to explain a collection
of rules for the interpretation of deed terms that aim to make the meaning of deed terms determinate.
I contend that, in order to satisfy the determinacy norm for deed interpretation,
courts must (and …