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Neither Force Nor Will, But Merely Judgement: Becoming A Supreme Court Justice, Dajé M. Brinson 2021 Merrimack College

Neither Force Nor Will, But Merely Judgement: Becoming A Supreme Court Justice, Dajé M. Brinson

Criminology Student Work

No abstract provided.


No Amendment? No Problem: Judges, “Informal Amendment,” And The Evolution Of Constitutional Meaning In The Federal Democracies Of Australia, Canada, India, And The United States, John V. Orth, John Gava, Arvind P. Bhanu, Paul T. Babie 2021 Pepperdine University

No Amendment? No Problem: Judges, “Informal Amendment,” And The Evolution Of Constitutional Meaning In The Federal Democracies Of Australia, Canada, India, And The United States, John V. Orth, John Gava, Arvind P. Bhanu, Paul T. Babie

Pepperdine Law Review

This article considers the way in which judges play a significant role in developing the meaning of a constitution through the exercise of interpretive choices that have the effect of “informally amending” the text. We demonstrate this by examining four written federal democratic constitutions: those of the United States, the first written federal democratic constitution; India, the federal constitution of the largest democracy on earth; and the constitutions of Canada and Australia, both federal and democratic, but emerging from the English unwritten tradition. We divide our consideration of these constitutions into two ideal types, identified by Bruce Ackerman: the “revolutionary ...


The Just Guarantees In The Judges Awards & Decisions – Between The Legitimate Condition And The Lawful Organizing In The Republic Of Yemen Legislation, 2021 United Arab Emirates University

The Just Guarantees In The Judges Awards & Decisions – Between The Legitimate Condition And The Lawful Organizing In The Republic Of Yemen Legislation

Journal Sharia and Law

This study has surveyed the importance of justice in the modern societies. It focuses on the role of the judiciary and system in Solidifying strengthening justice for the sake of human welfare.

The key element in the study is the role of the judge. In its finest part the study deals with the external factors which influence the judge and which should be avoided to insure justice. It also deals with the judiciary conditions in general such as setting the proper circumstances for trial and some are related to the judge's personality such as being just, knowledgeable, and being ...


Are Federal Exonerees Paid?: Lessons For The Drafting And Interpretation Of Wrongful Conviction Compensation Statutes, Jeffrey S. Gutman 2021 The George Washington University Law School

Are Federal Exonerees Paid?: Lessons For The Drafting And Interpretation Of Wrongful Conviction Compensation Statutes, Jeffrey S. Gutman

Cleveland State Law Review

In this third of a series of articles on wrongful conviction compensation statutes, Professor Jeffrey Gutman tackles the first statute attempted to be passed in the United States – the federal wrongful conviction compensation statute. Championed in concept by Edwin Borchard, it was in fact poorly drafted, and recommendations by Attorney General Homer Cummings to improve it were only partly successful. This Article retraces the long legislative history of the statute which is dotted with sloppy language and reasoning, unexplained amendments and an unfortunate focus on who was not to benefit from it, rather than who was. This tangled legislative history ...


The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David McClure 2021 William S. Boyd School of Law

The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure

Cleveland State Law Review

This Article reports the findings of an empirical study of textualism as applied by federal judges interpreting the statute that permits removal of diversity cases from state to federal court. The “snap removal” provision in the statute is particularly interesting because its application forces judges into one of two interpretive camps—which are fairly extreme versions of textualism and purposivism, respectively. We studied characteristics of cases and judges to find predictors of textualist outcomes. In this Article, we offer a narrative discussion of key variables, and we detail the results of our logistic regression analysis. The most salient predictive variable ...


The Shifting Sands Of Cost Shifting, Andrew M. Pardieck 2021 Southern Illinois University School of Law

The Shifting Sands Of Cost Shifting, Andrew M. Pardieck

Cleveland State Law Review

The cost-shifting analysis employed by the federal courts in ruling on discovery disputes is flawed. There is tremendous variability in how courts interpret the factors guiding the analysis. There is tremendous variability in the information courts rely on in deciding whether to preclude the discovery or shift its costs. The result is waste for the litigants, courts, and society as a whole. This Article argues that there is a better way: mandate cooperation before cost shifting. The courts should condition proportionality and cost-shifting rulings on cooperation. The cooperation should be substantive: require disclosure of objective information about the disputed discovery ...


Table Of Contents And Masthead, Zachary T. Remijas 2021 Pepperdine University

Table Of Contents And Masthead, Zachary T. Remijas

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Can There Be Too Much Specialization? Specialization In Specialized Courts, Melissa F. Wasserman, Jonathan D. Slack 2021 Northwestern Pritzker School of Law

Can There Be Too Much Specialization? Specialization In Specialized Courts, Melissa F. Wasserman, Jonathan D. Slack

Northwestern University Law Review

While modern society has embraced specialization, the federal judiciary continues to prize the generalist jurist. This disconnect is at the core of the growing debate on the optimal level of specialization in the judiciary. To date, this discussion has largely revolved around the creation of specialized courts. Opinion specialization, however, provides an alternative, underappreciated method to infuse specialization into the judiciary. In contrast to specialized courts, opinion specialization is understudied and undertheorized.

This Article makes two contributions to the literature. First, this Article theorizes whether opinion specialization is a desirable practice. It argues that the practice’s costs and benefits ...


Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School of Law 2021 Roger Williams University

Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Judges Of The United States Court Of Appeals For The Ninth Circuit, 2021 Golden Gate University School of Law

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

Golden Gate University Law Review

Listing with short biography of current judges of the Night Circuit Court of Appeals.


Front Matter, 2021 Golden Gate University School of Law

Front Matter

Golden Gate University Law Review

Front Matter includes Masthead, Preface, List of Faculty and Administration, and Table of Contents.


2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School of Law 2021 Roger Williams University

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: Meet The Rbg Essay Contest Winners! 03/03/2021, Michael M. Bowden 2021 Roger Williams University School of Law

Law School News: Meet The Rbg Essay Contest Winners! 03/03/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene 2021 University of Arkansas at Little Rock William H. Bowen School of Law

One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene

The Journal of Appellate Practice and Process

No abstract provided.


“Remarkable Influence”: The Unexpected Importance Of Justice Scalia's Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom 2021 University of Arkansas at Little Rock William H. Bowen School of Law

“Remarkable Influence”: The Unexpected Importance Of Justice Scalia's Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom

The Journal of Appellate Practice and Process

No abstract provided.


The Robed Tweeter: Two Judges' Views On Public Engagement, Stephen Louis A. Dillard, Bridget Mary McCormack 2021 University of Arkansas at Little Rock William H. Bowen School of Law

The Robed Tweeter: Two Judges' Views On Public Engagement, Stephen Louis A. Dillard, Bridget Mary Mccormack

The Journal of Appellate Practice and Process

No abstract provided.


May It Please The Court–Or Not: Appellate Judges' Preferences And Pet Peeves About Oral Argument, Margaret D. McGaughey 2021 University of Arkansas at Little Rock William H. Bowen School of Law

May It Please The Court–Or Not: Appellate Judges' Preferences And Pet Peeves About Oral Argument, Margaret D. Mcgaughey

The Journal of Appellate Practice and Process

No abstract provided.


The Nature Of Standing, Matthew Hall, Christian Turner 2021 William & Mary Law School

The Nature Of Standing, Matthew Hall, Christian Turner

William & Mary Bill of Rights Journal

Most academic studies of standing have focused on restrictions on federal court jurisdiction drawn from Article III of U.S. Constitution and related doctrinal schemes developed by state courts. These rules are constructed atop a few words of the Constitution: "The judicial Power shall extend to all Cases, in Law and Equity," arising under various circumstances. The Supreme Court has interpreted these words to require federal courts to assess whether a plaintiff has suffered an injury in fact that is both fairly traceable to the actions of the defendant and redressable by a favorable ruling before proceeding to the merits ...


Obligation Of The Judge To Arbitrament: Analytical Study In Light Of The Provisions Of The French Law, The Opinions Of Jurisprudence, And The Decisions Of The Judiciary, Ali Abdul Hameed Turki 2021 Faculty of Law at University of Helwan, currently at the College of Law - University of Sharjah

Obligation Of The Judge To Arbitrament: Analytical Study In Light Of The Provisions Of The French Law, The Opinions Of Jurisprudence, And The Decisions Of The Judiciary, Ali Abdul Hameed Turki

Journal Sharia and Law

The study in this present research work has been concentrated on handling the subject of obligation of the judge to arbitrament (i.e. settle a dispute) within the frame of the texts of the French Law, the opinions of Jurisprudence, and the decisions of the Judiciary.

It aims determine the party who is dominating over the determination of the facts of the dispute, and to know who shall assume the establishment of such facts, and what is the scope of the obligation of the Judge for the determination in the dispute


Removal Of Judges Between The Islamic Jurisprudence Perspective And The Algerian Legislature System, Mohammed Hamli 2021 University Centre of Maghnia (Algeria)

Removal Of Judges Between The Islamic Jurisprudence Perspective And The Algerian Legislature System, Mohammed Hamli

Journal Sharia and Law

While exercising its functions, the magistrate might be facing an embarrassing case for the government. By result, he could be exposed to many pressures that could lead him even to be the subject of abusive dismissal in case he doesn't enact to its favor. For this reason we say that it is very necessary to guarantee a protection for the magistrates from such threats.

In this respect, we notice that the Islamic doctrine came first in stating rules that are related to the dismissal of the judges, by assigning the governor the power to take the decision to dismiss ...


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