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Unequal Opportunities: Education Pathways To The U.S. Judiciary, Alfred C. Aman 2017 aaman@indiana.edu

Unequal Opportunities: Education Pathways To The U.S. Judiciary, Alfred C. Aman

Articles by Maurer Faculty

This paper is about diversity in federal and state courts in the United States. My main argument is that we should promote a judiciary that is reflective of the society of which it is a part for three reasons: first, because in doing so, we gain critical awareness of barriers to judicial service; second, because in doing so, we are also promoting access to resources, education and opportunities in the legal profession; and third, because it is possible (although not automatic) that a reflective judiciary will broaden the range of experience and perspective on the matters involved in the cases ...


Justices As Sacred Symbols: Antonin Scalia And The Cultural Life Of The Law, Brian Christopher Jones, Austin Sarat 2016 Liverpool Hope University, UK

Justices As Sacred Symbols: Antonin Scalia And The Cultural Life Of The Law, Brian Christopher Jones, Austin Sarat

Brian Christopher Jones

The idea of the brilliant and elegant philosopher judge has a long and romanticized history. From Sir Edward Coke, William Blackstone and Joseph Story to Oliver Wendell Holmes, Louis Brandeis and Lord Bingham, the common law is replete with this vision of judging. In this vision, judges sometimes seem to be law makers as much as faithful it interpreters. In many ways Antonin Scalia fought against this traditional vision of the philosopher judge. He disliked activist judges who imposed their idea of wisdom on elected legislatures; in fact, he trumpeted his jurisprudence for its fidelity to law and deference to ...


Newsroom: Logan On Judicial Diversity 12-09-2016, Kate Nagle, Roger Williams University School of Law 2016 GoLocalProv

Newsroom: Logan On Judicial Diversity 12-09-2016, Kate Nagle, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Confirm Judge Koh For The Ninth Circuit, Carl Tobias 2016 University of Richmond School of Law

Confirm Judge Koh For The Ninth Circuit, Carl Tobias

Washington and Lee Law Review Online

On February 25, 2016, President Barack Obama appointed United States District Court Judge Lucy Haeran Koh for a judicial emergency vacancy on the United States Court of Appeals for the Ninth Circuit. The jurist has served professionally for more than six years in the United States District Court for the Northern District of California, ably resolving major litigation. Thus, White House efforts to confirm her were unsurprising. Nevertheless, 2016 is a presidential election year when delay infuses many court appointments. That conundrum was exacerbated because the United States Senate Republican majority refused to even consider United States Court of Appeals ...


Evaluating Legislative Justice Sector Reforms: Creating An Environment For Survival, Lauren A. Shumate 2016 Notre Dame Law School

Evaluating Legislative Justice Sector Reforms: Creating An Environment For Survival, Lauren A. Shumate

Journal of Legislation

No abstract provided.


Is The Internet Rotting Oklahoma Law?, Lee Peoples 2016 Oklahoma City University

Is The Internet Rotting Oklahoma Law?, Lee Peoples

Lee Peoples

No abstract provided.


Where Do Justice Ginsburg And Justice Hale—And Judicial Independence—Go From Here?, Brian Christopher Jones 2016 Liverpool Hope University, UK

Where Do Justice Ginsburg And Justice Hale—And Judicial Independence—Go From Here?, Brian Christopher Jones

Brian Christopher Jones

No abstract provided.


(De)Liberalizing Judicial Independence In Egypt (Oneworld 2016), Sahar F. Aziz 2016 Texas A&M University School of Law

(De)Liberalizing Judicial Independence In Egypt (Oneworld 2016), Sahar F. Aziz

Sahar F. Aziz

The January 25th Egyptian revolution was initiated in the public square and defeated in the courts. In the months following the forced resignation of longtime president Hosni Mubarak, a protracted power struggle ensued between a people demanding self-governance and a chronically authoritarian regime. As the various stakeholders within the “deep state” realized their political disadvantage in mass street mobilizations by youth activists and opposition groups, they strategically transferred the conflict to the courts. Cognizant of Mubarak’s success in co-opting significant portions of the judiciary, the military-led interim government trusted the judges to deploy thin notions of rule of law ...


Newsroom: Margulies Cited On Military Commissions 11-04-2016, Peter S. Margulies 2016 Roger Williams University School of Law

Newsroom: Margulies Cited On Military Commissions 11-04-2016, Peter S. Margulies

Life of the Law School (1993- )

No abstract provided.


Amendment Creep, Jonathan L. Marshfield 2016 University of Arkansas School of Law

Amendment Creep, Jonathan L. Marshfield

Michigan Law Review

To most lawyers and judges, constitutional amendment rules are nothing more than the technical guidelines for changing a constitution’s text. But amendment rules contain a great deal of substance that can be relevant to deciding myriad constitutional issues. Indeed, judges have explicitly drawn on amendment rules when deciding issues as far afield as immigration, criminal procedure, free speech, and education policy. The Supreme Court, for example, has reasoned that, because Article V of the U.S. Constitution places no substantive limitations on formal amendment, the First Amendment must protect even the most revolutionary political viewpoints. At the state level ...


Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz 2016 University of New Hampshire

Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz

University of New Hampshire Law Review

The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic associations between race and guilt, as well as impact the way in which judges and jurors interpret information throughout a trial. Despite the well-documented presence of implicit racial biases, few steps have been taken to ameliorate the problem in the courtroom setting. This Article discusses the ...


The Confident Court, Jennifer Mason McAward 2016 Notre Dame Law School

The Confident Court, Jennifer Mason Mcaward

Jennifer Mason McAward

Despite longstanding rules regarding judicial deference, the Supreme Court’s decisions in its October 2012 Term show that a majority of the Court is increasingly willing to supplant both the prudential and legal judgments of various institutional actors, including Congress, federal agencies, and state universities. Whatever the motivation for such a shift, this Essay simply suggests that today’s Supreme Court is a confident one. A core group of justices has an increasingly self-assured view of the judiciary’s ability to conduct an independent assessment of both the legal and factual aspects of the cases that come before the Court ...


Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes: Bigger And Better Than Ever: October 12, 2016, Brittani Mulholland 2016 Roger Williams University School of Law

Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes: Bigger And Better Than Ever: October 12, 2016, Brittani Mulholland

Law School Blogs

No abstract provided.


Note: Canons Of Judicial Ethics - Extra Judicial Activities, 2016 St. John's University School of Law

Note: Canons Of Judicial Ethics - Extra Judicial Activities

The Catholic Lawyer

No abstract provided.


The Sec, Administrative Usurpation, And Insider Trading, Adam C. Pritchard 2016 University of Michigan Law School

The Sec, Administrative Usurpation, And Insider Trading, Adam C. Pritchard

Articles

The history of insider trading law is a tale of administrative usurpation and legislative acquiescence. Congress has never enacted a prohibition against insider trading, much less defined it. Instead, the SEC has led in defining insider trading, albeit without the formality of rulemaking, and subject to varying degrees of oversight by the courts. The reason why lies in the deference that the Supreme Court gave to the SEC in its formative years. The roots of insider trading law are commonly traced to the SEC’s decision in Cady, Roberts & Co. Cady, Roberts was only made possible, however, by the Supreme ...


The Tragedy Of Justice Scalia, Mitchell N. Berman 2016 University of Pennsylvania Law School

The Tragedy Of Justice Scalia, Mitchell N. Berman

Faculty Scholarship

Justice Antonin Scalia was, by the time of his death last February, the Supreme Court’s best known and most influential member. He was also its most polarizing, a jurist whom most students of American law either love or hate. This essay, styled as a twenty-year retrospective on A Matter of Interpretation, Scalia’s Tanner lectures on statutory and constitutional interpretation, aims to prod partisans on both sides of our central legal and political divisions to better appreciate at least some of what their opponents see—the other side of Scalia’s legacy. Along the way, it critically assesses Scalia ...


Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman 2016 Charles Darwin University School of Law

Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman

Georgia Journal of International & Comparative Law

No abstract provided.


New Judicial Review In Old Europe, Alyssa S. King 2016 Yale University

New Judicial Review In Old Europe, Alyssa S. King

Georgia Journal of International & Comparative Law

No abstract provided.


Exploring Federal Diversity Jurisdiction: Testimony In Front Of The House Of Representatives Committee On The Judiciary, Subcommittee On The Constitution And Civil Justice, Ronald Weich 2016 Dean, University of Baltimore School of Law

Exploring Federal Diversity Jurisdiction: Testimony In Front Of The House Of Representatives Committee On The Judiciary, Subcommittee On The Constitution And Civil Justice, Ronald Weich

All Faculty Scholarship

Good morning Chairman Franks, Ranking Member Cohen and members of the Subcommittee. My name is Ronald Weich and I am the dean of the University of Baltimore School of Law. Thank you for the opportunity to testify at this hearing entitled “Exploring Federal Diversity Jurisdiction.”

The subject of today’s hearing is technical, complex, little-understood by the general public, and yet fundamental to the administration of justice in this country. Federal diversity jurisdiction touches on profound questions of federalism, state sovereignty and the proper functioning of the federal courts.


Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer 2016 University of Louisville

Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer

Laura Moyer

This article draws from critical mass studies of gender in other political institutions to inform an application to the US Courts of Appeals. The results demonstrate the utility of considering court-level aspects of diversity. As mixed-sex panels become more common within a circuit, both male and female judges increasingly support plaintiffs in civil rights claims, though the magnitude of the effect is larger for women. The presence of a female chief judge is also positively associated with pro-plaintiff decisions by men and women in sex discrimination cases.


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