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

Judges Commons

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

5,389 Full-Text Articles 3,597 Authors 1,424,940 Downloads 143 Institutions

All Articles in Judges

Faceted Search

5,389 full-text articles. Page 130 of 133.

National Judge: Some Reflections On Diversity In International Courts And Tribunals, The, Leigh Swigart 2010 Brandeis University

National Judge: Some Reflections On Diversity In International Courts And Tribunals, The, Leigh Swigart

McGeorge Law Review

No abstract provided.


Unconscious Influences On Judicial Decision-Making: The Illusion Of Objectivity, John F. Irwin, Daniel L. Real 2010 Creighton University School of Law

Unconscious Influences On Judicial Decision-Making: The Illusion Of Objectivity, John F. Irwin, Daniel L. Real

McGeorge Law Review

No abstract provided.


(Re)Constructing Judicial Ethics In Canada, Richard F. Devlin 2010 Schulich School of Law

(Re)Constructing Judicial Ethics In Canada, Richard F. Devlin

McGeorge Law Review

No abstract provided.


Should Judges Regulate Lawyers, Eli Wald 2010 University of Denver Sturn College of Law

Should Judges Regulate Lawyers, Eli Wald

McGeorge Law Review

No abstract provided.


Watergate, Judge Sirica, And The Rule Of Law, Anthony J. Gaughan 2010 University of the Pacific

Watergate, Judge Sirica, And The Rule Of Law, Anthony J. Gaughan

McGeorge Law Review

No abstract provided.


Behavioral Psychology Of Judicial Corruption: A Response To Judge Irwin And Daniel Real, The, W. Bradley Wendel 2010 Cornell University

Behavioral Psychology Of Judicial Corruption: A Response To Judge Irwin And Daniel Real, The, W. Bradley Wendel

McGeorge Law Review

No abstract provided.


Telling Through Type: Typography And Narrative In Legal Briefs, Derek H. Kiernan-Johnson 2010 University of Colorado Law School

Telling Through Type: Typography And Narrative In Legal Briefs, Derek H. Kiernan-Johnson

Articles

Most legal authors today self-publish, using basic word-processing software and letting the software’s default settings determine what their documents will look like when printed. As these settings are not optimized for legal texts, they do so at their peril. The default font Times New Roman, for example, as Chief Judge Frank Easterbrook warns, is "utterly inappropriate for long documents [such as] briefs."

Commentators have started urging a more deliberate approach to legal typography. Their suggestions, however, have been content-neutral, intended for all legal texts and focused on goals such as legibility and readability.

Typography, however, has much greater potential ...


What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed), Eric J. Segall 2010 Georgia State University College of Law

What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed), Eric J. Segall

Faculty Publications By Year

During her confirmation hearings, Justice Kagan backed away from numerous critical comments she had previously made about the nomination process. No one knows why she changed her mind but it is likely that the shift resulted more from a political calculation than a change of heart about the nature of the process. This Commentary suggests that Justice Kagan could have testified consistently with her previously expressed views and still have been confirmed.


Wrongful Convictions In Singapore: A General Survey Of Risk Factors, Siyuan CHEN, Eunice CHUA 2010 Singapore Management University

Wrongful Convictions In Singapore: A General Survey Of Risk Factors, Siyuan Chen, Eunice Chua

Research Collection School Of Law

This article seeks to raise awareness about the potential for wrongful convictions in Singapore by analysing the factors commonly identified as contributing towards wrongful convictions in other jurisdictions, including institutional failures and suspect evidence. It also considers whether the social conditions in Singapore are favourable to discovering and publicising wrongful convictions. The authors come to the conclusion that Singapore does well on a number of fronts and no sweeping reforms are necessary However there are areas of risk viz the excessive focus on crime control rather than due process, which require some tweaking of the system.


Error Correction, Chad M. Oldfather 2010 Marquette University Law School

Error Correction, Chad M. Oldfather

Indiana Law Journal

No abstract provided.


The International Criminal Court: From Rome To Kampala, 43 J. Marshall L. Rev. 515 (2010), Philippe Kirsch 2010 John Marshall Law School

The International Criminal Court: From Rome To Kampala, 43 J. Marshall L. Rev. 515 (2010), Philippe Kirsch

The John Marshall Law Review

No abstract provided.


From Chevron To Massachusetts: Justice Stevens's Approach To Securing The Public Interest, Kathryn A. Watts 2010 University of Washington School of Law

From Chevron To Massachusetts: Justice Stevens's Approach To Securing The Public Interest, Kathryn A. Watts

Articles

During the past three decades, one Supreme Court justice— John Paul Stevens—has authored two of the most significant administrative law decisions that speak to the judiciary’s role in checking agency interpretations of the statutes that they administer. In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., Justice Stevens’s landmark 1984 decision unanimously upheld the EPA’s construction of a term found in the Clean Air Act. Subsequently, in Massachusetts v. EPA, Justice Stevens’s 2007 opinion for a five-justice majority handed a major win to global environmental security by ordering the EPA to reconsider ...


The Irrepressible Myth Of Klein, Howard M. Wasserman 2010 Florida International University College of Law

The Irrepressible Myth Of Klein, Howard M. Wasserman

Faculty Publications

The Reconstruction-era case of United States v. Klein remains the object of a “cult” among commentators and advocates, who see it as a powerful separation of powers precedent. In fact, Klein is a myth—actually two related myths. One is that it is opaque and meaninglessly indeterminate because, given its confusing and disjointed language, its precise doctrinal contours are indecipherable; the other is that Klein is vigorous precedent, likely to be used by a court to invalidate likely federal legislation. Close analysis of Klein, its progeny, and past scholarship uncovers three identifiable core limitations on congressional control over the workings ...


Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso 2010 University of the Pacific, McGeorge School of Law

Judicial Decision-Making And Judicial Review: The State Of The Debate, Circa 2009, Charles D. Kelso, R. Randall Kelso

West Virginia Law Review

No abstract provided.


The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind?, Leslie M. Rose 2010 Golden Gate University School of Law

The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind?, Leslie M. Rose

Publications

Most modern legal writing texts and style manuals recommend that writers use gender-neutral language. Gender-neutral language is achieved by avoiding the use of “gendered generics” (male or female nouns and pronouns used to refer to both men and women). For example, gender neutrality could be achieved by referring to “Members of Congress,” rather than “Congressmen,” and by changing a few words in the previous quotation from Melendez-Diaz: “The defendant always has [the] burden of raising a Confrontation Clause objection; statutes simply govern the time within which the [defendant] must do so.” As this article demonstrates, most members of the United ...


The Jesse Carter Collection, Janet Fischer 2010 Golden Gate University School of Law

The Jesse Carter Collection, Janet Fischer

Publications

This is Appendix 2 in The Great Dissents of the "Lone Dissenter," Justice Jesse W. Carter's Twenty tumultuous Years on the California Supreme Court (Carolina Academic Press, 2010). The appendix describes the Jesse Carter holdings at Golden Gate University School of Law Library.


The New Calculus Of Punitive Damages For Employment Discrimination Cases, Sandra Sperino 2010 University of Cincinnati - Main Campus

The New Calculus Of Punitive Damages For Employment Discrimination Cases, Sandra Sperino

Oklahoma Law Review

No abstract provided.


Time And The Courts: What Deadlines And Their Treatment Tell Us About The Litigation System, Catherine T. Struve 2010 University of Pennsylvania

Time And The Courts: What Deadlines And Their Treatment Tell Us About The Litigation System, Catherine T. Struve

Faculty Scholarship at Penn Law

No abstract provided.


Minimalism And Deliberative Democracy: A Closer Look At The Virtues Of "Shallowness", Matthew Steilen 2010 University at Buffalo School of Law

Minimalism And Deliberative Democracy: A Closer Look At The Virtues Of "Shallowness", Matthew Steilen

Journal Articles

Cass Sunstein has long argued that judicial minimalism promotes democracy. According to Sunstein’s view, a court can encourage the political branches of government to address an issue by using doctrines such as vagueness, nondelegation, and desuetude. Although much has been written about minimalism, very little has been said about the democracy-promotion thesis in particular. Yet it is one of the central claims of contemporary minimalism. This article attempts to remedy the deficiency. It argues that minimalism does not promote democracy because minimalist decisions lack the depth necessary to trigger democratic deliberation. The argument occurs in three steps. First, the ...


New York’S Inbred Judiciary: Pathologies Of Nomination And Appointment Of Court Of Appeals Judges, James A. Gardner 2010 University at Buffalo School of Law

New York’S Inbred Judiciary: Pathologies Of Nomination And Appointment Of Court Of Appeals Judges, James A. Gardner

Journal Articles

The practice of selecting judges by popular election, commonplace among the American states, has recently come in for a good deal of criticism, much of it well-founded. But if popular election of judges is a bad method of judicial selection, what ought to replace it? Opponents of judicial election typically treat gubernatorial appointment as self-evidently better. New York’s experience with gubernatorial appointment to its highest court, the Court of Appeals, suggests that greater caution is in order. Although New York’s current method of selecting Court of Appeals judges was designed to be wide open and based entirely on ...


Digital Commons powered by bepress