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'A Body Of Sound Practical Common Sense': Law Reform Through Lay Judges, Public Choice Theory, And The Transformation Of American Law, Gregory S. Sergienko 2018 Concordia University School of Law

'A Body Of Sound Practical Common Sense': Law Reform Through Lay Judges, Public Choice Theory, And The Transformation Of American Law, Gregory S. Sergienko

Greg Sergienko

... [T]hree of the earliest and most influential proponents of the argument that public choice theory implies that courts produce better rules than legislators are Judge Frank Easterbrook, Judge Richard Posner, and Justice Antonin Scalia. These proponents of social choice theory conclude from this that judicial decisions are more to be trusted than legislative decisions and therefore favor a variety of devices to expand judicial power. These include interpreting statutes restrictively, which leaves the decision up to the pre-existing judge-made law; interpreting statutes in a common-law fashion, which allows judges their traditional rule-making powers; and ignoring legislative intent, which leaves ...


A Matter Of Interpretation: Federal Courts And The Law, Charles R. Priest 2018 University of Maine School of Law

A Matter Of Interpretation: Federal Courts And The Law, Charles R. Priest

Maine Law Review

Justice Scalia's engaging essay, “Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws,” and the four comments it provokes, should provide lawyers, judges, and other lawmakers with an interesting evening. Instead of presenting a theoretical view of the role of the federal courts in interpretation, Justice Scalia sketches out a case for “textualism.” “Textualism” is one of several currently contending methods of interpreting statutes and the United States Constitution, and is currently popular among federal judges who see their role as restricting government's powers to those expressly stated ...


Blank Slates, Matthew Tokson 2018 University of Utah S.J. Quinney College of Law

Blank Slates, Matthew Tokson

Boston College Law Review

Courts sometimes confront gaps in formal law where doctrinal sources like text, history, and precedent fail to offer guidance in resolving a particular case. When these gaps are narrow, judges can generally address them through analogical reasoning or intuition. But sometimes legal gaps are too substantial to be filled with one-off decisions, and judges are called upon to create whole legal tests without the benefit of formal guidance or constraint. Courts currently lack a theoretical framework for addressing these difficult situations. This Article analyzes these “legal blank slates” and provides a framework for addressing them. Blank slates are less common ...


Anthony Kennedy: A Most Principled Justice, Mitchell N. Berman, David Peters 2018 University of Pennsylvania Law School

Anthony Kennedy: A Most Principled Justice, Mitchell N. Berman, David Peters

Faculty Scholarship

After three decades on the Court, Justice Anthony Kennedy remains its most widely maligned member. Concentrating on his constitutional jurisprudence, critics from across the ideological spectrum have derided Justice Kennedy as “a self-aggrandizing turncoat,” “an unprincipled weathervane,” and, succinctly, “America’s worst Justice.” We believe that Kennedy is not as bereft of a constitutional theory as common wisdom maintains. To the contrary, this Article argues, his constitutional decisionmaking reflects a genuine grasp (less than perfect, more than rudimentary) of a coherent and, we think, compelling theory of constitutional law—the account, more or less, that one of has introduced in ...


What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower 2018 Western State College of Law

What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower

DePaul Journal of Women, Gender and the Law

No abstract provided.


Judging Implicit Bias: A National Empirical Study Of Judicial Stereotypes, Justin D. Levinson, Mark W. Bennett, Koichi Hioki 2018 University of Florida Levin College of Law

Judging Implicit Bias: A National Empirical Study Of Judicial Stereotypes, Justin D. Levinson, Mark W. Bennett, Koichi Hioki

Florida Law Review

American judges, and especially lifetime-appointed federal judges, are often revered as the pinnacle of objectivity, possessing a deep commitment to fairness, and driven to seek justice as they interpret federal laws and the U.S. Constitution. As these judges struggle with some of the great challenges of the modern legal world, empirical scholars must seek to fully understand the role of implicit bias in judicial decision-making. Research from the field of implicit social cognition has long documented negative implicit biases towards a wide range of group members, some of whom may well be harmed in various ways across the legal ...


Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed 2018 Georgia State University College of Law

Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed

Georgia State University Law Review

Enhanced damages in patent law are a type of punitive damage that can be awarded in the case of “egregious misconduct” during the course of patent infringement. Authorization for enhanced damages comes from 35 U.S.C. § 284, which allows the district court to increase total damages up to three times the amount of actual damages found by the jury. It is well understood that, since enhanced damages are punitive in nature, enhancement should only be considered for cases of “wanton” or “deliberate” infringement. However, determining what constitutes this “egregious” misconduct has vastly transformed over time to include a negligence ...


The Future Of Federal Law Clerk Hiring, Aaron L. Nielson 2018 Selected Works

The Future Of Federal Law Clerk Hiring, Aaron L. Nielson

Aaron L. Nielson

The market for federal law clerks has been upended. Beginning in 2003, the Federal Judges Law Clerk Hiring Plan was implemented to regulate clerkship hiring. According to the Plan, a judge could not interview or hire a potential law clerk before the beginning of the applicant’s third year of law school. The Plan, however, never worked well, constantly got worse, and has now officially collapsed. Across the country, clerkship hiring once again regularly occurs during the second year of law school. This Article addresses the rise and inevitable fall of the Plan. In particular, it submits that the Plan ...


Maine's Overburdened Law Court: Has The Time Come For A Maine Appeals Court?, Peter L. Murray 2018 University of Maine School of Law

Maine's Overburdened Law Court: Has The Time Come For A Maine Appeals Court?, Peter L. Murray

Maine Law Review

For the entire 178 years of Maine's statehood, its Supreme Judicial Court, “sitting as the Law Court,” has served as Maine's appellate court of first and last resort for all appeals from its trial courts of general jurisdiction. Over this time span, and particularly over the last three decades, the growth in number and complexity of civil and criminal appeals has placed the Law Court under an extremely heavy burden of cases. The sheer number of the appeals which the Law Court is expected to consider and decide risks exceeding the capacity of the institution for careful, thorough ...


Creating Mischief: The Tenth Circuit Declares The Sec’S Administrative Law Judges Unconstitutional In Bandimere V. Securities Exchange Commission, Casey M. Olesen 2018 University of Maine School of Law

Creating Mischief: The Tenth Circuit Declares The Sec’S Administrative Law Judges Unconstitutional In Bandimere V. Securities Exchange Commission, Casey M. Olesen

Maine Law Review

Since the passage of the APA, administrative agencies’ use of Administrative Law Judges (ALJs) to preside over hearings has exploded, and now far outpaces the number trials conducted before federal judges. The Securities and Exchange Commission (SEC) is one such agency that heavily utilizes ALJs to conduct their hearings. Recently, following an apparent higher percentage of SEC wins before their own ALJs as compared to before federal judges, a new constitutional challenge on the basis of the Appointments Clause has been brought before several circuits; that the SEC’s ALJs are inferior officers of the SEC, not employees, and therefore ...


Ninth Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Chief Judge Sidney R. Thomas, Golden Gate University School of Law 2018 Golden Gate University School of Law

Ninth Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Chief Judge Sidney R. Thomas, Golden Gate University School Of Law

Ronald M. George Distinguished Lecture Series

Agenda

February 2, 2018

NINTH ANNUAL CHIEF JUSTICE RONALD M. GEORGE DISTINGUISHED LECTURE
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
SAN FRANCISCO, CALIFORNIA

6:00 p.m. WELCOME - Anthony Niedwiecki Dean, Golden Gate University School of Law
LAW REVIEW INTRODUCTION - Jamie Cooperman (JD 18) Editor-in-Chief, Golden Gate University Law Review,
Jessica Bennett (JD 18) Reyes v. Lewis: A Missed Opportunity for Minors and Miranda,
Natalie Lakosil (JD 18) The Flores Settlement: Ripping Families Apart Under the Law,
Kenneth Seligson (JD 18) A Job for Congress: Medical Marijuana Patients' Fight for Second Amendment Rights

6:30p.m. INTRODUCTIONS Kathleen ...


The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown 2018 Maurice A. Deane School of Law at Hofstra University

The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown

Hofstra Law Review

No abstract provided.


Judicial Responsibility For Justice In Criminal Courts, Lisa Foster 2018 Maurice A. Deane School of Law at Hofstra University

Judicial Responsibility For Justice In Criminal Courts, Lisa Foster

Hofstra Law Review

No abstract provided.


Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick 2018 Roger Williams University School of Law

Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus 2018 Cornell Law Library

Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus

Femi Cadmus

No abstract provided.


Supreme Court_ How The Indian Judiciary Handles The Civil Disobedience Will Determine Its Future — Quartz.Pdf, Shubhankar Dam 2018 SMU School of Law

Supreme Court_ How The Indian Judiciary Handles The Civil Disobedience Will Determine Its Future — Quartz.Pdf, Shubhankar Dam

Shubhankar Dam

A civil disobedience is underway in the supreme court of India. It’s unique: The custodians of power are disobeying, praying to the people’s court. It has flashed a rare spotlight on the court’s inner workings—for a dismayed people to see, study, and summate. Ordinarily, judges shun the media, speak only in court, to lawyers and litigants, and through their decisions. Not this time. Four senior judges abandoned the honouredcode; they went public. What they alleged reveals disquiet in the office of the chief justice. This act will haunt India. It exposes divisions among judges, doubts the ...


Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel 2018 University of Oklahoma College of Law

Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel

Oklahoma Law Review

No abstract provided.


How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf 2018 University of Nevada, Las Vegas

How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf

Research Briefs

No abstract provided.


Active Judging And Access To Justice, Anna E. Carpenter 2018 The University of Tulsa College of Law

Active Judging And Access To Justice, Anna E. Carpenter

Notre Dame Law Review

“Being a good judge in this environment means unlearning what you learned in law school about what a judge is supposed to do. Fairness is doing things a federal judge would never do.”

Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts. Despite growing support for active judging as an access to justice intervention, we know little, empirically, about how judges interact with pro se parties as a general matter, and even less ...


Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School of Law 2018 Roger Williams University

Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


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