The Founding Fathers Said I Am Not Subject To Term Limits, 2016 Touro University Jacob D. Fuchsberg Law Center
The Founding Fathers Said I Am Not Subject To Term Limits, Elias Arroyo
Touro Law Review
No abstract provided.
Judicial Retirements And The Staying Power Of U.S. Supreme Court Decisions, 2016 Duke Law School
Judicial Retirements And The Staying Power Of U.S. Supreme Court Decisions, Stuart M. Benjamin, Georg Vanberg
Faculty Scholarship
The influence of U.S. Supreme Court majority opinions depends critically on how these opinions are received and treated by lower courts, which decide the vast majority of legal disputes. We argue that the retirement of Justices on the Supreme Court serves as a simple heuristic device for lower court judges in deciding how much deference to show to Supreme Court precedent. Using a unique dataset of the treatment of all Supreme Court majority opinions in the courts of appeals from 1953 to 2012, we find that negative treatments of Supreme Court opinions increase, and positive treatments decrease, as the Justices …
Joseph Story, 2016 Duke Law School
Joseph Story, Ralf Michaels
Faculty Scholarship
Joseph Story (1779-1845) was one of the greatest and most influential American lawyers of all time. Both as a Supreme Court Justice and as a professor at Harvard Law School, his work and thought were, and still are, of great importance. Today’s private international law would look different without him, both in the United States and in the rest of the world. At the same time, his approach to the field cannot be properly understood unless placed within his broader work on law, and the specific American background against which it was developed.
How Bayesian Are Judges?, 2016 Duke Law School
How Bayesian Are Judges?, Jack Knight, Mitu Gulati, David F. Levi
Faculty Scholarship
Richard Posner famously modeled judges as Bayesians in his book, How Judges Think? A key element of being Bayesian is that one constantly updates with new information. This model of the judge who is constantly learning and updating, particularly about local conditions, also is one of the reasons why the factual determinations of trial judges are given deference on appeal. But do judges in fact act like Bayesian updaters? Judicial evaluations of search warrant requests for probable cause provides an ideal setting to examine this question because the judges in this context have access to information on how well they …
Detained: A Study Of Immigration Bond Hearings, 2015 University of Southern California
Detained: A Study Of Immigration Bond Hearings, Emily Ryo
Emily Ryo
Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, 2015 Chapman University School of Law
Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan
Donald J. Kochan
When Judges Don't Follow The Law: Research And Recommendations, 2015 University of Baltimore
When Judges Don't Follow The Law: Research And Recommendations, Michele Cotton
City University of New York Law Review
No abstract provided.
Newsroom: Yelnosky On Diversifying State Judiciary, 2015 Roger Williams University
Newsroom: Yelnosky On Diversifying State Judiciary, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Filling The D.C. Circuit Vacancies, 2015 University of Richmond
Filling The D.C. Circuit Vacancies, Carl W. Tobias
Indiana Law Journal
Partisanship undermines judicial nominations to the U.S. Court of Appeals for the District of Columbia Circuit. With three of eleven judgeships vacant during Barack Obama’s first term, he was the only President in a half century not to appoint a jurist to the nation’s second-most important court. Confirming accomplished nominees, thus, became imperative for the circuit’s prompt, economical, and fair case disposition. In 2013, Obama submitted excellent candidates. Patricia Millett had argued thirty-two Supreme Court appeals; Cornelia Pillard successfully litigated numerous path-breaking matters; and Robert Wilkins had served on the D.C. District bench for three years. The purportedly shrinking tribunal …
Extralegal Supreme Court Policy-Making, 2015 William & Mary Law School
Extralegal Supreme Court Policy-Making, Joëlle Anne Moreno
William & Mary Bill of Rights Journal
The Colbert Report aired its final episode on December 18, 2014.1 Nine years earlier, on the first episode, Stephen Colbert coined the word “truthiness.” Truthiness satirized contemporary disinterest in empirical information in a country increasingly “divided between those who think with their head and those who know with their heart.” Truthiness was not just the Merriam-Webster word of the year. Over the past decade, it has been the unspoken mantra of reporters who give equal time to climate science denialists, faith healers, and vaccine refusers. When Justices of the Supreme Court decide questions of scientific or empirical fact—such as whether …
Hosting Settlement Conferences: Effectiveness In The Judicial Role, 2015 Berkeley Law
Hosting Settlement Conferences: Effectiveness In The Judicial Role, Wayne Brazil
Wayne Brazil
No abstract provided.
The Honorable William W. Schwarzer: Elevating Visions Of What A Judge Should Be, 2015 Berkeley Law
The Honorable William W. Schwarzer: Elevating Visions Of What A Judge Should Be, Wayne Brazil
Wayne Brazil
No abstract provided.
American State Supreme Court Justices, 1900-1970, 2015 Berkeley Law
American State Supreme Court Justices, 1900-1970, Robert Kagan, Bobby Infelise, Robert Detlefson
Robert Kagan
No abstract provided.
Standing The Test Of Time: The Breadth Of Majority Coalitions And The Fate Of U.S. Supreme Court Precedents, 2015 Duke Law School
Standing The Test Of Time: The Breadth Of Majority Coalitions And The Fate Of U.S. Supreme Court Precedents, Stuart Benjamin, Bruce Desmarais
Bruce A. Desmarais
Should a strategic Justice assemble a broader coalition for the majority opinion than is necessary, even if that means accommodating changes that move the opinion away from the author’s ideal holding? If the author’s objective is to durably move the law to his or her ideal holding, the conventional answer is no, because there is a cost and no corresponding benefit. We consider whether attracting a broad majority coalition can placate future courts. Controlling for the size of the coalition, we find that cases with ideologically narrow coalitions are more likely to be treated negatively by later courts. Specifically, adding …
For Judges: Suggestions About What To Say About Adr At Case Management Conferences--And How To Respond To Concerns Or Objections Raised By Counsel, 2015 Berkeley Law
For Judges: Suggestions About What To Say About Adr At Case Management Conferences--And How To Respond To Concerns Or Objections Raised By Counsel, Wayne Brazil
Wayne Brazil
No abstract provided.
Newsroom: Yelnosky On Judge Investigation, 2015 Roger Williams University
Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
When The Chief Justice Serves In The Legislative Branch, 2015 The University of Akron
When The Chief Justice Serves In The Legislative Branch, Roy E. Brownell Ii
ConLawNOW
This article argues that the Chief Justice is considered part of the legislative branch during presidential impeachment trials. In so arguing, this article first argues, as a matter of constitutional text, that the Chief Justice during presidential impeachment trials steps into the shoes of the president of the Senate. The Chief Justice’s authority in this vein is granted by Article I, which predominantly governs the legislative branch, and not Article III, which does the same for the federal judiciary.
Indeed, the only reference to the Chief Justice in the entirety of the Constitution occurs in this context in Article I. …
Judicial Elections: The Case For Accountability, 2015 The University of Akron
Judicial Elections: The Case For Accountability, Jack Park
ConLawNOW
In this article, Jack Park defends the use of partisan elections as a method of selecting state court judges. He first frames the debate and describes its participants. The author then discusses the competing values that supporters and opponents of judicial elections advance. Finally, Mr. Park addresses the arguments for and against judicial elections, showing that, while they may not be a perfect method of selecting judges, neither are the alternatives.
Electing Our Judges And Judicial Independence: The Supreme Court's "Triple Whammy", 2015 The University of Akron
Electing Our Judges And Judicial Independence: The Supreme Court's "Triple Whammy", Martin H. Belsky
ConLawNOW
In this article, Martin Belsky makes the case for judicial selection based on merit, as opposed to popular elections. Belsky cites Caperton v. A.T. Massey Coal Company and the recent defeat of three Iowa supreme court justices because of their opinion in a controversial gay marriage case for the proposition that judicial elections can, and do, yield unjust results. Belsky asserts the need for judicial independence, but concludes that this goal is not achievable through elections because of the “triple whammy” of constitutional limitations: (1) the First Amendment protection of the right of judges and judicial candidates to give specific, …
Roe V. Wade: The Case That Changed Democracy, 2015 Indiana Tech Law School
Roe V. Wade: The Case That Changed Democracy, Adam Lamparello
Adam Lamparello
No abstract provided.