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Full-Text Articles in Rule of Law

Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera Nov 2012

Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera

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 Nov 2012

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 Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski Jun 2012

The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski

Faculty Works

In this Article, we argue that the Supreme Court should route most Federal Rules of Civil Procedure issues through the notice-and-comment rulemaking process of the Civil Rules Advisory Committee instead of issuing judgments in adjudications, unless the case can be resolved solely through the deployment of traditional tools of statutory construction. While we are not the first to express a preference for rulemaking on civil procedure issues, we advance the position in four significant ways. First, we argue that the Supreme Court in the civil procedure arena is vested with powers analogous to most administrative agencies. Second, building upon this …


Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci May 2012

Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.


The Rule Of Law For Judges, Thomas M. Reavley Apr 2012

The Rule Of Law For Judges, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal Jan 2012

University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal

Zena Denise Crenshaw-Logal

On the first of each two day symposium of the Fogg symposia, lawyers representing NGOs in the civil rights, judicial reform, and whistleblower advocacy fields are to share relevant work of featured legal scholars in lay terms; relate the underlying principles to real life cases; and propose appropriate reform efforts. Four (4) of the scholars spend the next day relating their featured articles to views on the vitality of stare decisis. Specifically, the combined panels of public interest attorneys and law professors consider whether compliance with the doctrine is reasonably assured in America given the: 1. considerable discretion vested in …


Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee Jan 2012

Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the basis of …


What's Your Weirdest Case? Judges Answer Questions On The Courts Jan 2012

What's Your Weirdest Case? Judges Answer Questions On The Courts

Curtis E.A. Karnow

Section 1 answers scores of questions posed to the judges of the Superior Court by visiting school children. The questions concern how civil and criminal courts work, treatment of prisoners, what judges and lawyers do, and how one becomes a judge, among other topics. Section 2 collects a series of short essays on related subjects, as well as outlining the jury system, alternative dispute resolution, appeals, among other subjects, all in a format more suited to upper grade levels and adults. The paperback is availible through Amazon


Strengthening Judicial Independence In The New Constitutional Democracies Of Central And Eastern Europe, Hon. John M. Walker Jr., Daniel Schuker Dec 2011

Strengthening Judicial Independence In The New Constitutional Democracies Of Central And Eastern Europe, Hon. John M. Walker Jr., Daniel Schuker

Daniel Schuker

No abstract provided.