The Hughes Court Docket Books: The Early Terms, 1929-1933, 2015 Notre Dame Law School
The Hughes Court Docket Books: The Early Terms, 1929-1933, Barry Cushman
Journal Articles
For many years, the docket books kept by a number of the Hughes Court Justices have been held by the Office of the Curator of the Supreme Court. Yet the existence of these docket books was not widely known, and access to them was highly restricted. In April of 2014, however, the Court adopted new guidelines designed to increase access to the docket books for researchers. This article offers a report and analysis based on a review of all of the docket books that the Curator’s Office holds for the early Hughes Court, comprising the 1929-1933 Terms. Only one of …
Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, 2015 Drexel University School of Law; University of California, Berkeley, School of Law
Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan
Anil Kalhan
In November 2014, the Obama administration announced the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiative, which built upon a program instituted two years earlier, the Deferred Action for Childhood Arrivals (DACA) initiative. As mechanisms to channel the government’s scarce resources toward its enforcement priorities more efficiently and effectively, both DACA and DAPA permit certain individuals falling outside those priorities to seek “deferred action,” which provides its recipients with time-limited, nonbinding, and revocable notification that officials have exercised prosecutorial discretion to deprioritize their removal. While deferred action thereby facilitates a highly tenuous form of quasi-legal recognition …
Calculating Credibility: State V. Sharma And The Future Of Polygraph Admissibility In Ohio And Beyond, 2015 The University of Akron
Calculating Credibility: State V. Sharma And The Future Of Polygraph Admissibility In Ohio And Beyond, Vincent V. Vigluicci
Akron Law Review
Almost a century after its inception, the polygraph test remains one of the most fascinating forms of evidence. Firmly entrenched in popular mythology, the polygraph offers the promise of calculating truth and credibility with scientific certainty, a proposition that continues to capture the public’s imagination. At the same time, the polygraph has also been viewed with great trepidation as a flawed and dangerous instrument of oppression. Commonly called a “lie detector,” the polygraph does not actually detect lying; it measures subtle changes in blood pressure, pulse, respiration, and the skin’s resistance to electricity that are thought to result from the …
Education For Judicial Aspirants, 2015 The University of Akron
Education For Judicial Aspirants, Keith R. Fisher
Akron Law Review
This article is a synthesis of the author’s work to date on the subject of Introductory Judiciary Education... This article will consider the concept of Introductory Judicial Education, its underlying rationale and purpose, and the possible curricular content of such a program.
A Tribute To The Honorable Sam H. Bell ('52), 2015 The University of Akron
A Tribute To The Honorable Sam H. Bell ('52), Richard L. Aynes, Margaret Andreeff Matejkovic
Akron Law Review
The late Judge Sam H. Bell (’52) saw the powerful effect of, and beauty in, words. He wrote and spoke them with precision, with thoughtfulness, and with compassion. And he listened intently to the words of others—to the words of all people from all walks of life. His fundamental humanity, great kindness, and assiduous pursuit of knowledge through perusing of the philosophies, the histories, and the literature of the law permeated his choice of words in his speeches and writings. It is because of these and other qualities of Judge Bell’s character as a man and as a judge that …
Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), 2015 John Marshall Law School
Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin
Ann M. Lousin
No abstract provided.
Chooseyourjudges.Org: Treating Elected Judges As Politicians, 2015 The University of Akron
Chooseyourjudges.Org: Treating Elected Judges As Politicians, Ric Simmons
Akron Law Review
In order to combat this problem of voter ignorance, I recently created a website designed to provide voters with information about judicial elections...Creating the website posed unique practical challenges, such as how to gather the information about the candidates and how to present it to the voter in a way that was meaningful and useful to a non-lawyer. But it also raised even more fundamental questions about the purpose of judicial elections and the role voters are meant to play in the process. This Article describes these challenges and questions, and then proposes my own initial solutions to them, in …
Trending@Rwu Law: Professor David Logan's Post: Diversity In The Rhode Island Judiciary, 2015 Roger Williams University School of Law
Trending@Rwu Law: Professor David Logan's Post: Diversity In The Rhode Island Judiciary, David A. Logan
Law School Blogs
No abstract provided.
The "Hidden Judiciary": An Empirical Examination Of Executive Branch Justice, 2015 Vanderbilt University Law School
The "Hidden Judiciary": An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Jeffrey J. Rachlinski
Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the judicial branch, tend to make predominantly intuitive rather than predominantly deliberative decisions. This finding sheds new light on executive branch justice by suggesting that judicial intuition, not judicial independence, is the most significant challenge facing these important judicial officers.
The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The View Of Trial Participants, Judges, And Jurors, 2015 Cornell Law School
The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The View Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman
Valerie P. Hans
In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines the theoretical, legal, and policy issues raised by this reform and presents the early results of a field experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of juror discussions. The data revealed that the majority of judges …
Special Feature: The Future Of Lay Adjudication In Korea And Japan, 2015 University of California, Santa Cruz
Special Feature: The Future Of Lay Adjudication In Korea And Japan, Hiroshi Fukurai, Valerie P. Hans
Valerie P. Hans
Three years after Korea introduced the jury system for the first time in its history, and two years following the Japanese introduction of a mixed court in which citizen and professional judges decide serious criminal cases, the Second East Asian Law and Society Conference was held on September 30th and October 1st, 2011 in the vibrant city of Seoul, South Korea. This Special Issue of the Yonsei Law Journal offers an opportunity to present work on some of the key issues that were discussed and debated at this remarkable conference. In particular, the special issue offers new research on the …
Japan's New Lay Judge System: Deliberative Democracy In Action?, 2015 Associate, Foley & Lardner, LLP, Milwaukee, WI
Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans
Valerie P. Hans
No abstract provided.
U.S. Jury Reform: The Active Jury And The Adversarial Ideal, 2015 Cornell Law School
U.S. Jury Reform: The Active Jury And The Adversarial Ideal, Valerie P. Hans
Valerie P. Hans
In many countries, lay people participate as decision makers in legal cases. Some countries include their citizens in the justice system as lay judges or jurors, who assess cases independently. The legal systems of other nations combine lay and law-trained judges who decide cases together in mixed tribunals. The International Conference on Lay Participation in the Criminal Trial in the 21st Century provided useful contrasts among different methods of incorporating lay voices into criminal justice systems worldwide. Systems with inquisitorial methods are more likely to employ mixed courts, whereas adversarial systems more often use juries. Research presented at the Conference …
Judges, Juries, And Scientific Evidence, 2015 Cornell Law School
Judges, Juries, And Scientific Evidence, Valerie P. Hans
Valerie P. Hans
The rise in scientific evidence offered in American jury trials, along with court rulings thrusting judges into the business of assessing the soundness of scientific evidence, have produced challenges for judge and jury alike. Many judges have taken up the duty of becoming “amateur scientists.” But what about juries? Surely they too could benefit from assistance as they attempt to master and apply complex testimony about scientific matters during the course of a trial. Concerns about the jury’s ability to understand, critically evaluate, and employ scientific evidence in deciding complex trials have led to many suggestions for reform. This article …
Why The Judicial Elections Debate Matters Less Than You Think: Retention As The Cornerstone Of Independence And Accountability, 2015 The University of Akron
Why The Judicial Elections Debate Matters Less Than You Think: Retention As The Cornerstone Of Independence And Accountability, Layne S. Keele
Akron Law Review
This Article attempts to reframe the age-old judicial election arguments into a discussion about the importance of the retention decision, in order to draw out the areas of true disagreement in the judicial independence/judicial accountability debate. I argue that the core difficulties in balancing the desire for judicial independence with the desire for judicial accountability stem primarily from the judicial retention decision, regardless of whether retention is obtained by some form of reelection or through a form of reappointment. I then propose a two-term system for putting judges on state high courts, in which (1) high court judges sit for …
Judicial Decisionmaking, Empathy, And The Limits Of Perception, 2015 The University of Akron
Judicial Decisionmaking, Empathy, And The Limits Of Perception, Nicole E. Negowetti
Akron Law Review
This Article explores the effects of a judge’s prior assumptions, values, and experiences on judicial decisionmaking. In Part II, this Article will explore the cognitive science research regarding decisionmaking and implicit bias to reveal how each of us develops values, intuitions, and expectations below the level of our consciousness that powerfully affect both our perceptions and our judgments. Although there are many types of cognitive biases and heuristics involved in decisionmaking, for purposes of this Article, I focus on implicit biases towards various social groups. “[E]xplicit” biases are attitudes and stereotypes that are consciously accessible through introspection and endorsed as …
Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic, 2015 Selected Works
Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic, Donald L. Beschle
Donald L. Beschle
No abstract provided.
The Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, 62 Notre Dame L. Rev. 151 (1987), 2015 The John Marshall Law School
The Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, 62 Notre Dame L. Rev. 151 (1987), Donald L. Beschle
Donald L. Beschle
No abstract provided.
Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic?, 37 Vill. L. Rev. 1329 (1992), 2015 The John Marshall Law School
Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic?, 37 Vill. L. Rev. 1329 (1992), Donald L. Beschle
Donald L. Beschle
No abstract provided.
What Do We Mean By An Independent Judiciary, 38 Ohio N.U. L. Rev. 133 (2011), 2015 John Marshall Law School
What Do We Mean By An Independent Judiciary, 38 Ohio N.U. L. Rev. 133 (2011), Michael P. Seng
Michael P. Seng
Issues continue to arise about judicial independence in the United States. The term judicial independence is often not defined with precision. Judicial independence has its roots in the doctrine of separation of powers. It is also grounded in due process and in ethical standards that require judges to be competent and impartial decision-makers. Judicial independence depends upon society having faith in the integrity of the courts. Accountability is thus the handmaid of an independent judiciary. This article defines both the structures and the ethical standards that ensure an independent judiciary.