Open Access. Powered by Scholars. Published by Universities.®

Judges Commons

Open Access. Powered by Scholars. Published by Universities.®

6,107 Full-Text Articles 4,013 Authors 1,845,133 Downloads 161 Institutions

All Articles in Judges

Faceted Search

6,107 full-text articles. Page 1 of 154.

The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker 2020 University of Louisville School of Law

The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker

Indiana Law Journal

In a typical year, Congress passes roughly 800 pages of law—that’s about a seveninch

stack of paper. But in the same year, federal administrative agencies promulgate

80,000 pages of regulations—which makes an eleven-foot paper pillar. This move

toward electorally unaccountable administrators deciding federal policy began in

1935, accelerated in the 1940s, and has peaked in the recent decades. Rather than

elected representatives, unelected bureaucrats increasingly make the vast majority

of the nation’s laws—a trend facilitated by the Supreme Court’s decisions in three

areas: delegation, deference, and independence.

This trend is about to be ...


The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, Lorenzo Zoppellari 2020 University of Trento

The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, Lorenzo Zoppellari

OSSA Conference Archive

The Frye and Daubert rulings give us two very different ways to intend the relation between law and science. Through the contributions of Wellman and Walton, we will see how the main method to question the expert’s testimony before a judge deferent to science is to question her personal integrity by using ad hominem arguments. Otherwise, using Alvin Goldman’s novice/expert problem, we will investigate if other manners of argumentative cross-examinations are possible.


Table Of Contents And Masthead, Lauren Jacobs 2020 Pepperdine University

Table Of Contents And Masthead, Lauren Jacobs

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Federal Sentencing: A Judge’S Personal Sentencing Journey Told Through The Voices Of Offenders He Sentenced, Mark W. Bennett 2020 Drake University Law School

Federal Sentencing: A Judge’S Personal Sentencing Journey Told Through The Voices Of Offenders He Sentenced, Mark W. Bennett

Washington and Lee Journal of Civil Rights and Social Justice

Federal sentencing is a tragic mess. Thirty years of conflicting legislative experiments began with high hopes but resulted in mass incarceration. Federal sentences, especially in drug cases, are all too often bone-crushingly severe.

In this Article, the Honorable Mark Bennett, a retired federal judge, shares about his journey with federal sentencing and his strong disagreement with the U.S. Sentencing Guidelines by telling the stories of some of the 400 men and women he sentenced during his twenty-five years as a federal judge.


Securities Exchange Act Section 4e(A): Toothless "Internal-Timing Directive" Or Statute Of Limitation?, Richard E. Brodsky 2020 William & Mary Law School

Securities Exchange Act Section 4e(A): Toothless "Internal-Timing Directive" Or Statute Of Limitation?, Richard E. Brodsky

William & Mary Business Law Review

The Securities and Exchange Commission has a problem, and everyone knows it: its investigative process suffers from excessive delay, which harms both individuals and entity it investigates and its own enforcement program. This problem has long been recognized and complained about, but never remedied.

In 2010, Congress passed a law specifically designed to solve the problem of excessive delay but, the way the SEC has read the law—which has been acquiesced in by the courts and ignored by subsequent Congresses—has rendered it toothless and essentially meaningless. This has been accomplished, first, by the Commission’s cabined interpretation of ...


The Female Legal Realist Inside The Common Law, Ann Bartow 2020 University of New Hampshire Franklin Pierce School of Law

The Female Legal Realist Inside The Common Law, Ann Bartow

Boston College Law Review

This essay, a response piece to Anita Bernstein’s thought-provoking book The Common Law Inside the Female Body, examines the powerful tool of the common law and the role that judges play in wielding it. I begin by drawing on my twenty-four years of teaching and looking at the questions that I, and my students, grapple with every year while studying the common law: Do the uncoordinated actions of individual judges, juries, and lawyers and parties generate an efficient legal system? And does that system result in some version of justice for most of the parties, most of the time ...


The Common Law Inside A Social Hierarchy: Power Or Reason?, Katharine Silbaugh 2020 Boston University

The Common Law Inside A Social Hierarchy: Power Or Reason?, Katharine Silbaugh

Boston College Law Review

Anita Bernstein argues that the common law gives women, too, the right to say no to what they do not want. She demonstrates that the common law is a far-reaching defense of condoned self-regard, a system that allows individuals to place their own interests above the interests of others, particularly when seeking to exclude others. She, therefore, places in the common law a right to protection from rape and a near-absolute right to expel a pregnancy. Bernstein reasons that women’s exclusion from the common law right to say no was a mistake produced by their absence from the judiciary ...


There's Feminism In Those Judgments, Anita Bernstein 2020 Brooklyn Law School

There's Feminism In Those Judgments, Anita Bernstein

Boston College Law Review

This Essay enlists the other contributions to this Symposium to honor the extraordinary transnational phenomenon of Feminist Judgments, a growing set of multi-authored volumes that find progressive potential in decisional law. Although The Common Law Inside the Female Body is a very different work, this Essay identifies common ground between this book and Feminist Judgments. The modus operandi of Feminist Judgments is to rewrite published judicial decisions to steer their results or their rationales in a feminist direction; The Common Law Inside the Female Body celebrates judge-made law as it is, in an unaltered state. That difference noted, the Feminist ...


Gender And Judicial Decision-Making, Alexandra Just 2020 Bellarmine University

Gender And Judicial Decision-Making, Alexandra Just

Undergraduate Theses

This study employs a unique two-tiered approach, involving both quantitative and qualitative methodology to analyze the influences – specifically, a judge’s gender – on the judicial decision-making process. First, a quantitative bivariate regression analysis was conducted to determine whether a Federal District Court judge’s gender had a statistically significant influence on the ideological direction of case outcomes (which is either liberal, meaning the decision was in favor of the petitioner, or conservative, meaning the decision was against the petitioner). Data was analyzed using the statistical program SPSS and was pulled from the 2016 Carp-Manning database, which contains over 110,000 ...


Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez 2020 Bexar County Court at Law #13

Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Resolving Alj Removal Protections Problem Following Lucia, Spencer Davenport 2020 University of Michigan Law School

Resolving Alj Removal Protections Problem Following Lucia, Spencer Davenport

University of Michigan Journal of Law Reform

When the Supreme Court decided Lucia v. SEC and held that administrative law judges (ALJs) are Officers under the Constitution, the Court opened a flood of constitutional issues around the status of ALJs and related government positions. One central issue relates to ALJs’ removal protections. ALJs currently have two layers of protection between them and the President. In an earlier Supreme Court decision, the Court held that two layers of tenure protection between an “Officer of the United States” and the President was unconstitutional as it deprived the President the power to hold his officers accountable. As impartial adjudicators, ALJs ...


The Passion Of John Paul Stevens, Linda Greenhouse 2020 Yale Law School

The Passion Of John Paul Stevens, Linda Greenhouse

Michigan Law Review

Review of John Paul Stevens' The Making of a Justice: Reflections on My First 94 Years.


Snap Removal: Concept; Cause; Cacophony; And Cure, Jeffrey W. Stempel, Thomas O. Main, David McClure 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Snap Removal: Concept; Cause; Cacophony; And Cure, Jeffrey W. Stempel, Thomas O. Main, David Mcclure

Scholarly Works

So-called “snap removal” – removal of a case from state to federal court prior to service on a forum state defendant – has divided federal trial courts for 20 years. Recently, panels of the Second, Third and Fifth Circuits have sided with those supporting the tactic even though it conflicts with the general prohibition on removal when the case includes a forum state defendant, a situation historically viewed as eliminating the need to protect the outsider defendant from possible state court hostility.

Consistent with the public policy underlying diversity jurisdiction – availability of a federal forum to protect against defending claims in an ...


Hot Bench: A Theory Of Appellate Adjudication, Terry Skolnik 2020 University of Ottowa, Faculty of Law

Hot Bench: A Theory Of Appellate Adjudication, Terry Skolnik

Boston College Law Review

The Supreme Court justices are talking. And they are talking more than ever during oral argument. The term “hot bench” implies that appellate judges engage in vibrant verbal exchanges with the parties during oral hearings. As part of the new oral argument, Supreme Court justices now speak more while the parties speak less, they interrupt both their colleagues and the parties (especially women) more frequently than in the past, and some of their questions advocate for positions rather than seek information. A hot bench raises crucial concerns about the nature of oral argument and appellate judges’ role in a constitutional ...


Justice By Lot: The Taboo Of Chance Verdicts In America, Michael Tackeff 2020 University of St. Thomas, Minnesota

Justice By Lot: The Taboo Of Chance Verdicts In America, Michael Tackeff

University of St. Thomas Law Journal

No abstract provided.


Standing Athwart History: Anti-Obergefell Popular Constitutionalism And Judicial Supremacy's Long-Term Triumph, Josh Hammer 2020 University of St. Thomas, Minnesota

Standing Athwart History: Anti-Obergefell Popular Constitutionalism And Judicial Supremacy's Long-Term Triumph, Josh Hammer

University of St. Thomas Law Journal

No abstract provided.


Trump's Takeover Of The Courts, Lena Zwarensteyn 2020 University of St. Thomas, Minnesota

Trump's Takeover Of The Courts, Lena Zwarensteyn

University of St. Thomas Law Journal

No abstract provided.


Pipeline To The Bench: Women's Legal Careers, Linda Greenhouse 2020 University of St. Thomas, Minnesota

Pipeline To The Bench: Women's Legal Careers, Linda Greenhouse

University of St. Thomas Law Journal

No abstract provided.


Picking Judges: An Introduction, Lisa Montpetit Brabbit 2020 University of St. Thomas, Minnesota

Picking Judges: An Introduction, Lisa Montpetit Brabbit

University of St. Thomas Law Journal

No abstract provided.


Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School of Law 2020 Roger Williams University

Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Digital Commons powered by bepress