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Arguing With Friends, William Baude, Ryan D. Doerfler 2017 University of Chicago

Arguing With Friends, William Baude, Ryan D. Doerfler

Faculty Scholarship

It is a fact of life that judges sometimes disagree about the best outcome in appealed cases. The question is what they should make of this. The two purest possibilities are to shut out all other views, or else to let them all in, leading one to concede ambiguity and uncertainty in most if not all contested cases.

Drawing on the philosophical concepts of “peer disagreement” and “epistemic peerhood,” we argue that there is a better way. Judges ought to give significant weight to the views of others, but only when those others share the judge’s basic methodology or ...


Scotus's 2016-17 Term: The Calm Before The Storm?, John M. Greabe 2017 University of New Hampshire School of Law

Scotus's 2016-17 Term: The Calm Before The Storm?, John M. Greabe

Legal Scholarship

[Excerpt] “The court's just-completed 2016-17 term contained no . . . blockbusters. Its highest profile ruling was an unsigned opinion that modified preliminary injunctions issued by lower courts to prevent President Donald Trump's "travel ban" orders from going into immediate effect.

But that ruling did not decide whether the president's orders are in fact unconstitutional. Instead, the court put that important question off until the fall, by which time further factual developments -for example, the executive branch completing its review and deciding to lift or modify the bans -may well render the issue moot.”


It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins 2017 National Center on Sexual Exploitation

It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Nominate Judge Koh To The Ninth Circuit Again, Carl Tobias 2017 University of Richmond School of Law

Nominate Judge Koh To The Ninth Circuit Again, Carl Tobias

Washington and Lee Law Review Online

During February 2016, President Barack Obama nominated United States District Judge Lucy Haeran Koh to a “judicial emergency” vacancy on the United States Court of Appeals for the Ninth Circuit. She has capably served over multiple years in the Northern District of California competently deciding numerous high-profile lawsuits, specifically regarding intellectual property. Accordingly, the President’s efforts to confirm her were unsurprising. However, 2016 was a presidential election year when judicial nominations traditionally slow and ultimately halt. This difficulty was exacerbated when Republicans consistently refused to implement any confirmation process for United States Court of Appeals for the District of ...


Clarence Thomas: The First Ten Years Looking For Consistency , Mark C. Niles 2017 Selected Works

Clarence Thomas: The First Ten Years Looking For Consistency , Mark C. Niles

Mark Niles

No abstract provided.


Management Of Federal Agency Adjudication, Jeffrey S. Lubbers 2017 Selected Works

Management Of Federal Agency Adjudication, Jeffrey S. Lubbers

Jeffrey Lubbers

No abstract provided.


Newroom: Rwu Law Sixth In Nation In Percentage Of Graduates Obtaining State Court Clerkships 6/2/2017, Roger Williams University School of Law 2017 Roger Williams University

Newroom: Rwu Law Sixth In Nation In Percentage Of Graduates Obtaining State Court Clerkships 6/2/2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Judcial Fact-Finding In An Age Of Rapid Change: Creative Reforms From Abroad, Allison Orr Larsen 2017 William & Mary Law School

Judcial Fact-Finding In An Age Of Rapid Change: Creative Reforms From Abroad, Allison Orr Larsen

Faculty Publications

No abstract provided.


Clarence Thomas The Questioner, RonNell Andersen Jones, Aaron L. Nielson 2017 S.J. Quinney College of Law, University of Utah

Clarence Thomas The Questioner, Ronnell Andersen Jones, Aaron L. Nielson

Northwestern University Law Review

One of Justice Clarence Thomas’s most remarked upon characteristics is his reluctance to ask questions during oral argument. Observers have criticized him for his silence, with some suggesting that it reflects disrespect for his colleagues and the advocates appearing before the Supreme Court. Others defend his silence, noting, for instance, that historically oral argument played a much less significant role and that Justice Thomas’s written opinions speak for themselves. What has been overlooked in this debate, however, is the fact that Justice Thomas is very talented at asking questions. Indeed, in many ways, he is a model questioner ...


Chief Justice William Howard Taft's Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua Kastenberg 2017 University of New Mexico School of Law

Chief Justice William Howard Taft's Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua Kastenberg

Cleveland State Law Review

In 1927, Chief Justice William Howard Taft led a unanimous Court to determine that, at minimum, the right to an impartial and independent judiciary meant that the judge had to lack a personal interest in the outcome of the trial. While the decision, Tumey v. Ohio, was based on a judge’s pecuniary interest, it was also part of Taft’s efforts to ensure that the nation’s judges, from the municipal courts to the Supreme Court had the public’s confidence in their integrity. Tumey, therefore, is not simply a decision on pecuniary interests. It can, and should, be ...


“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, Catherine Fisk 2017 Duke Law School

“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, Catherine Fisk

Catherine Fisk

A legal ideology emerged in the 1870s that celebrated contract as the body of law with the particular purpose of facilitating the formation of productive exchanges that would enrich the parties to the contract and, therefore, society as a whole. Across the spectrum of intellectual property, courts used the legal fiction of implied contract, and a version of it particularly emphasizing liberty of contract, to shift control of workplace knowledge from skilled employees to firms while suggesting that the emergence of hierarchical control and loss of entrepreneurial opportunity for creative workers was consistent with the free labor ideology that dominated ...


Recalibrating Judicial Renominations In The Trump Administration, Carl Tobias 2017 University of Richmond School of Law

Recalibrating Judicial Renominations In The Trump Administration, Carl Tobias

Washington and Lee Law Review Online

Now that President Donald Trump has commenced the fifth month of his administration, federal courts experience 121 circuit and district court vacancies. These statistics indicate that Mr. Trump has a valuable opportunity to approve more judges than any new President. The protracted open judgeships detrimentally affect people and businesses engaged in federal court litigation, because they restrict the expeditious, inexpensive and equitable disposition of cases. Nevertheless, the White House has been treating crucial issues that mandate careful attention—specifically establishing a government, confirming a Supreme Court Justice, and keeping numerous campaign promises. How, accordingly, can President Trump fulfill these critical ...


Personal Injury Law, Defense V. Plaintiff: A Return To Civility, Daniel Stiffler, Jamie Finizio Bascombe 2017 Nova Southeastern University

Personal Injury Law, Defense V. Plaintiff: A Return To Civility, Daniel Stiffler, Jamie Finizio Bascombe

Law Center Plus Seminar Series

This particular seminar is designed to educate attorneys on the importance of communicating and navigating a civil case while maintaining a level of professionalism, civility, and integrity to the profession, opposing party, and the court. Learning Outcomes include:

  1. How to maintain a level of civility while competently represent clients in civil cases in Florida
  2. Review standards of conduct in the context of a lawyer’s responsibility to perceive and protect the image of the profession

The Florida Bar CLE credits - General 2.0, Ethics 0.5 The Florida Bar Certification Credits - Civil Trial 2.0


Different Voices : Measuring Female Judges' Influence On Women's Rights Issues In The U.S. Courts Of Appeal., Alyson E Hendricks 2017 University of Louisville

Different Voices : Measuring Female Judges' Influence On Women's Rights Issues In The U.S. Courts Of Appeal., Alyson E Hendricks

College of Arts & Sciences Senior Honors Theses

Beginning with President Carter and continuing with each successive president, the federal bench has become more diverse. This has caused scholars to turn their attention to how personal characteristics such as race and sex affect judging. Understanding the effects of gender and race on judging is crucial because white female and minority female judges may bring a different perspective to the bench than their male counterparts due to their shared experiences with discrimination. To fill a gap in the literature, this study examines the impact of women in terms of legal influence and voting behavior. The results demonstrate that women ...


Combating The Ninth Circuit Judicial Vacancy Crisis, Carl Tobias 2017 University of Richmond School of Law

Combating The Ninth Circuit Judicial Vacancy Crisis, Carl Tobias

Washington and Lee Law Review Online

No abstract provided.


Institutional Corruption In The Supreme Court Of India.Pdf, Shubhankar Dam, Madhav S. Aney, Giovanni Ko 2017 Singapore Management University

Institutional Corruption In The Supreme Court Of India.Pdf, Shubhankar Dam, Madhav S. Aney, Giovanni Ko

Shubhankar Dam

We investigate whether judicial decisions are a#11;ected by career concerns of judges by analysing two questions: Do judges respond to pandering incentives by ruling in favour of the government in the hope of receiving jobs after retiring from the Court? Does the government actually reward judges who ruled in its favour with prestigious jobs? To answer these questions we construct a dataset of all Supreme Court of India cases involving the
government from 1999 till 2014, with an indicator for whether the decision was in its favour or not. We #12;find that pandering incentives have a causal ...


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.


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