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Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon 2017 Selected Works

Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon

Tracey George

No abstract provided.


Courts Of Good And Ill Repute: Garoupa And Ginsburg’S Judicial Reputation: A Comparative Theory, Tracey E. George, G. Mitu Gulati 2017 Duke Law School

Courts Of Good And Ill Repute: Garoupa And Ginsburg’S Judicial Reputation: A Comparative Theory, Tracey E. George, G. Mitu Gulati

Tracey George

Nuno Garoupa and Tom Ginsburg have published an ambitious book that seeks to account for the great diversity of judicial systems based, in part, on how courts are designed to marshal the power of a high public opinion of the judiciary. Judges, the book posits, care deeply about their reputations both inside and outside the courts. Courts are designed to capitalize on judges’ desire to maximize their reputation, and judges’ existing stock of reputation can affect the design of the courts which they serve. We find much to like in this book, ranging from its intriguing and ambitious positive claims ...


Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler 2017 Selected Works

Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler

Jim Rossi

No abstract provided.


Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi 2017 Selected Works

Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi

Jim Rossi

This essay addresses how ALJ final order authority in many state systems of administrative governance (among them Florida, Louisiana, Missouri, and South Carolina) poses a tension between independence and accountability. It is argued that political accountability is sacrificed where reviewing courts defer to ALJ final orders on issues of law and policy. Standards of review provide state courts with a way of restoring the balance between independence and accountability, but reviewing courts should heighten the deference they give to the agency's legal and policy positions -- giving little or no deference to the ALJ on these issues -- even where the ...


The Impact Of Justice Scalia's Replacement On Gender Equality Issues, Wilson R. Huhn 2017 University of Akron

The Impact Of Justice Scalia's Replacement On Gender Equality Issues, Wilson R. Huhn

ConLawNOW

The last forty-six years may be accurately described as the era of the modern Republican Supreme Court. As a result of presidential elections, Republican presidents have nominated all ten of the Justices appointed to the United States Supreme Court between 1969 and 1991. Republicans have thus controlled the Court since 1970. During this period the right to gender equality was recognized and the right to marriage equality was realized. However, also during this period many Republican Justices staunchly opposed gender equality, and far more remains to be accomplished.

Since Justice Scalia’s death, the Supreme Court has been deadlocked on ...


Active Judging And Access To Justice.Pdf, Anna E. Carpenter 2017 University of Tulsa College of Law

Active Judging And Access To Justice.Pdf, Anna E. Carpenter

Anna E. Carpenter

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 engage with pro se parties as a general matter, and even less about active judging.  In response, this Article contributes new data and a new conceptual framework: the three dimensions of active judging.  The study is based in a District of Columbia administrative court where ...


American College Of Trial Lawyers Report And Recommendation On Disruption Of The Judicial Process, 2017 St. John's University School of Law

American College Of Trial Lawyers Report And Recommendation On Disruption Of The Judicial Process

The Catholic Lawyer

No abstract provided.


The Jury As A Political Institution, Jon M. Van Dyke 2017 St. John's University School of Law

The Jury As A Political Institution, Jon M. Van Dyke

The Catholic Lawyer

No abstract provided.


The Partnership Of Bench And Bar, Edward D. Re 2017 St. John's University School of Law

The Partnership Of Bench And Bar, Edward D. Re

The Catholic Lawyer

No abstract provided.


Paul Vi To American Jurists, 2017 St. John's University School of Law

Paul Vi To American Jurists

The Catholic Lawyer

No abstract provided.


Introduction, The Hon. Carlos T. Bea 2017 U.S. Court of Appeals Ninth Circut

Introduction, The Hon. Carlos T. Bea

Golden Gate University Law Review

No abstract provided.


Judges Of The United States Court Of Appeals For The Ninth Circuit, 2017 Golden Gate University School of Law

Judges Of The United States Court Of Appeals For The Ninth Circuit

Golden Gate University Law Review

No abstract provided.


Table Of Contents, 2017 Golden Gate University School of Law

Table Of Contents

Golden Gate University Law Review

No abstract provided.


Preface, Cara E. Alsterberg, Heather Varanini 2017 Golden Gate University School of Law

Preface, Cara E. Alsterberg, Heather Varanini

Golden Gate University Law Review

No abstract provided.


Masthead, 2017 Golden Gate University School of Law

Masthead

Golden Gate University Law Review

No abstract provided.


Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins 2017 William & Mary Law School

Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins

Popular Media

No abstract provided.


Emerging Constitutional Conflicts And The Role Of Courts, John M. Greabe 2017 University of New Hampshire School of Law

Emerging Constitutional Conflicts And The Role Of Courts, John M. Greabe

Legal Scholarship

[Excerpt] "When a court exercises judicial review, it tells Congress, the executive branch or a state to refrain from action that is under way or to take some action that is not being taken. Either way, a democratically accountable institution is told that it cannot do what the people (presumably) want it to do, or that it must do what the people (presumably) do not want it to do."


Eighth Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With The Honorable Carlos Bea, Golden Gate University School of Law 2017 Golden Gate University School of Law

Eighth Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With The Honorable Carlos Bea, Golden Gate University School Of Law

Ronald M. George Distinguished Lecture Series

The Annual Chief Justice Ronald M. George Distinguished Lecture Series, named after legendary former Chief Justice of California Ronald M. George, shines a light on the vital role of the courts by bringing together judicial leaders to share their perspectives on critical issues facing the judiciary.

The Introduction of this year’s Survey, written by the Honorable Carlos T. Bea, discusses the history of the Ninth Circuit and Judge Bea’s experiences with the Court.

Agenda:

6:00 p.m. WELCOME – Rachel Van Cleave, Dean, Golden Gate University School of Law

LAW REVIEW INTRODUCTION –
Elizabeth Youngberg (JD 17) Editor-in- Chief ...


Confirming Judge Restrepo To The Third Circuit, Carl W. Tobias 2017 University of Richmond

Confirming Judge Restrepo To The Third Circuit, Carl W. Tobias

Law Faculty Publications

From the moment that the Grand Old Party (GOP) won the Senate in November 2014, Republicans have directly and incessantly vowed to establish “regular order” in the upper chamber again. Lawmakers employed this phrase to depict the purported restoration of strictures that prevailed until Democrats subverted them. In January 2015, when the 114th Congress began, Senator Mitch McConnell (R-Ky.), the Majority Leader, proclaimed, “[w]e need to return to regular order,” while the legislator has dutifully recited that mantra ever since. Senator Charles Grassley (R-Iowa), the head of the Senate Judiciary Committee, espoused analogous concepts. Illustrative was his January 2015 ...


Judges’ Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, Scott A. Moss 2017 University of Colorado Law School

Judges’ Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, Scott A. Moss

Articles

No abstract provided.


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