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Judicial Reform, John F. Market 2017 St. John's University School of Law

Judicial Reform, John F. Market

The Catholic Lawyer

No abstract provided.


Improving Judicial Administration By Repealing The Requirements For Three-Judge District Courts, Michael J. Mullen 2017 St. John's University School of Law

Improving Judicial Administration By Repealing The Requirements For Three-Judge District Courts, Michael J. Mullen

The Catholic Lawyer

No abstract provided.


Stare Decisis And The Judicial Process, Edward D. Re 2017 St. John's University School of Law

Stare Decisis And The Judicial Process, Edward D. Re

The Catholic Lawyer

No abstract provided.


The Constitution That Couldn’T: Examining The Implicit Imbalance Of Constitutional Power In The Context Of Nominations, And The Need For Its Remedy, James E. Britton 2017 Notre Dame Law School

The Constitution That Couldn’T: Examining The Implicit Imbalance Of Constitutional Power In The Context Of Nominations, And The Need For Its Remedy, James E. Britton

Journal of Legislation

No abstract provided.


Circuit Splits, 2017 Seton Hall University

Circuit Splits

Seton Hall Circuit Review

No abstract provided.


First Impressions, 2017 Seton Hall University

First Impressions

Seton Hall Circuit Review

No abstract provided.


May It Please The Court?: The Perils Of Correcting A Justice's Pronunciation, James J. Duane 2017 Seton Hall University

May It Please The Court?: The Perils Of Correcting A Justice's Pronunciation, James J. Duane

Seton Hall Circuit Review

No abstract provided.


Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan 2017 Roger Williams University School of Law

Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan

Law School Blogs

No abstract provided.


Foreword: The Books Of Justices, Linda Greenhouse 2017 Yale Law School

Foreword: The Books Of Justices, Linda Greenhouse

Michigan Law Review

For this Michigan Law Review issue devoted to recently published books about law, I thought it would be interesting to see what books made an appearance in the past year’s work of the Supreme Court. I catalogued every citation to every book in those forty opinions in order to see what patterns emerged: what books the justices cited, which justices cited which books, and what use they made of the citations. To begin with, I should define what I mean by “books". For the purposes of this Foreword, I excluded some types of reading matter that may have a ...


Justice Scalia And The Idea Of Judicial Restraint, John F. Manning 2017 Harvard Law School

Justice Scalia And The Idea Of Judicial Restraint, John F. Manning

Michigan Law Review

Review of A Matter of Interpretation: Federal Courts and the Law by Antonin Scalia .


The Tragedy Of Justice Scalia, Mitchell N. Berman 2017 University of Pennsylvania Law School

The Tragedy Of Justice Scalia, Mitchell N. Berman

Michigan Law Review

Review of A Matter of Interpretation: Federal Courts and the Law by Antonin Scalia .


The New Front In The Clean Air Wars: Fossil-Fuel Influence Over State Attorneys General- And How It Might Be Checked, Eli Savit 2017 University of Michigan Law School

The New Front In The Clean Air Wars: Fossil-Fuel Influence Over State Attorneys General- And How It Might Be Checked, Eli Savit

Michigan Law Review

Review of Struggling for Air: Power and the "War On Coal" by Richard L. Revesz and Jack Leinke, and Federalism on Trial: State Attorneys General and National Policymaking in Contemporary America by Paul Nolette.


Linnaean Taxonomy And Globalized Law, Ronald J. Krotoszynski Jr. 2017 University of Alabama School of Law

Linnaean Taxonomy And Globalized Law, Ronald J. Krotoszynski Jr.

Michigan Law Review

Review of The Court and the World: American Law and the New Global Realities by Stephen Breyer.


Law And Identifiability, Daphna Lewinsohn-Zamir, Ilana Ritov, Tehila Kogut 2017 Hebrew University of Jerusalem

Law And Identifiability, Daphna Lewinsohn-Zamir, Ilana Ritov, Tehila Kogut

Indiana Law Journal

Psychological studies have shown that people react either more generously or more punitively toward identified individuals than toward unidentified ones. This phenomenon, named the identifiability effect, has received little attention in the legal literature, despite its importance for the law. As a prime example, while legislators typically craft rules that would apply to unidentified people, judges ordinarily deal with identified individuals. The identifiability effect suggests that the outcomes of these two forms of lawmaking may differ, even when they pertain to similar facts and situations.

This Article is a preliminary investigation into the relevance of the identifiability effect for law ...


The Extraordinary Judicial Rebukes Of Trump's Travel Ban, John M. Greabe 2017 University of New Hampshire School of Law

The Extraordinary Judicial Rebukes Of Trump's Travel Ban, John M. Greabe

Legal Scholarship

[Excerpt] "President Trump's two executive orders suspending travel to the United States by refugees and foreign nationals from several Muslim-majority countries have been put on hold by a number of lower court federal judges.

Whatever might be said about the merits of these rulings, and regardless of whether they will be upheld in future appeals, they are extraordinary judicial rebukes of a sitting president."


The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood 2017 Barry University School of Law

The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood

Barry Law Review

No abstract provided.


Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson 2017 University of Pennsylvania

Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson

Faculty Scholarship

Our current pretrial system imposes high costs on both the people who are detained pretrial and the taxpayers who foot the bill. These costs have prompted a surge of bail reform around the country. Reformers seek to reduce pretrial detention rates, as well as racial and socioeconomic disparities in the pretrial system, while simultaneously improving appearance rates and reducing pretrial crime. The current state of pretrial practice suggests that there is ample room for improvement. Bail hearings are often cursory, with no defense counsel present. Money-bail practices lead to high rates of detention even among misdemeanor defendants and those who ...


Trending @ Rwu Law: Dean Yelnosky's Post: 24: Dean Style 3-6-2017, Michael Yelnosky 2017 Roger Williams University School of Law

Trending @ Rwu Law: Dean Yelnosky's Post: 24: Dean Style 3-6-2017, Michael Yelnosky

Law School Blogs

No abstract provided.


Rethinking Criminal Contempt In The Bankruptcy Courts, John A. E. Pottow, Jason S. Levin 2017 University of Michigan Law School

Rethinking Criminal Contempt In The Bankruptcy Courts, John A. E. Pottow, Jason S. Levin

Law & Economics Working Papers

A surprising number of courts believe that bankruptcy judges lack authority to impose criminal contempt sanctions. We attempt to rectify this misunderstanding with a march through the historical treatment of contempt-like powers in bankruptcy, the painful statutory history of the 1978 Bankruptcy Code (including the exciting history of likely repealed 28 U.S.C. § 1481), and the various apposite rules of procedure. (Fans of the All Writs Act will delight in its inclusion.) But the principal service we offer to the bankruptcy community is dismantling the ubiquitous and persistent belief that there is some form of constitutional infirmity with "mere ...


The Exceptional Role Of Courts In The Constitutional Order, N.W. Barber, Adrian Vermeule 2017 Trinity College, Oxford

The Exceptional Role Of Courts In The Constitutional Order, N.W. Barber, Adrian Vermeule

Notre Dame Law Review

This Article looks at a rare part of the judicial role: those exceptional cases when the judge is called upon to pass judgment on the constitution itself. This arises in three groups of cases, roughly speaking. First, in exceptional cases the validity of the constitution and the legal order is thrown into dispute. Second, on some occasions the judge is asked to rule on the transition from one constitutional order to another. Third, there are some cases in which the health of the constitutional order requires the judge to act not merely beyond the law, as it were, but actually ...


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