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5,846 full-text articles. Page 140 of 146.

Impeachment As Judicial Selection?, Tuan Samahon 2010 William & Mary Law School

Impeachment As Judicial Selection?, Tuan Samahon

William & Mary Bill of Rights Journal

No abstract provided.


Issue 3: Table Of Contents, 2010 University of Richmond

Issue 3: Table Of Contents

University of Richmond Law Review

No abstract provided.


Smart Grid Technology: The Future Of The Electric Utility Industry, Michael W. Yackira 2010 President and Chief Executive Officer, NV Energy

Smart Grid Technology: The Future Of The Electric Utility Industry, Michael W. Yackira

University of Richmond Law Review

Energy is leading many agendas these days, and, indeed, the energy landscape is changing-taking it a step further, it is actually transforming. This could be as big a transformation for the electric utility industry as the automated teller machine was for the banking industry and the cell phone was for telecommunications.


Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton 2010 Brigham Young University Law School

Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton

BYU Law Review

No abstract provided.


A Free Speech Right To Impugn Judicial Integrity In Court Proceedings, Margaret Tarkington 2010 Boston College Law School

A Free Speech Right To Impugn Judicial Integrity In Court Proceedings, Margaret Tarkington

Boston College Law Review

This Article examines why a free speech right to impugn judicial integrity must be recognized for attorneys when acting as officers of the court and making statements in court proceedings. Such a right is necessary to protect the constitutional and legal rights of litigants to an unbiased and competent judiciary. Further, the recognition of such a right for the attorney preserves litigants’ access to courts and due process rights. Previous scholarly arguments, which are based on analogies to other areas of limited First Amendment protection, fail to account for the protection of litigant rights, the role of attorneys in our ...


Judicial Appointments: Notes From India, Shubhankar DAM 2010 City University of Hong Kong

Judicial Appointments: Notes From India, Shubhankar Dam

Shubhankar Dam

No abstract provided.


Pensada Lei, Pensada Malícia. A Propósito Das Avaliações "De Desempenho" Aos Docentes, Paulo Ferreira da Cunha 2010 Universidade do Porto

Pensada Lei, Pensada Malícia. A Propósito Das Avaliações "De Desempenho" Aos Docentes, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

There is a widespread ignorance about what does and what it should do a university professor, lecturer or researcher. This will create dangerous myths about how teachers should be evaluated, because paying no attention to the nature of their labor, and resulting on the creation of deep injustice. It is feared that such systems to be implemented result in infinite time-consuming bureaucratic. Precious time that should be used in teaching and research. That may also pollute the environment by creating lethal enemies among teaching people, ending up in lengthy legal proceedings. This article seeks to make a diagnosis of myths ...


Por Uma Avaliação Objectiva, Paulo Ferreira da Cunha 2010 Universidade do Porto

Por Uma Avaliação Objectiva, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Com base em mitos educativos muito difundidos, e cavalgando o corcel do temor reverencial dos docentes antes o educativamente correcto, têm-se instalado perspectivas muito injustas sobre o que se deve e como se deve avaliaro dito "desempenho" dos professores, designadamente do ensino superior. Este artigo, sem discutir as questões filosóficas de base de toda a avaliação, procura minimizar os danos do processo em curso propondo concretos critérios de uma avaliação que não seja a manifestação do puro arbítrio dos poderes académicos pontuais, manipulando grelhas subjectivas e complexíssimas. Pretende, pois, uma avaliação justa, pela objectividade.


Supreme Court Of The United States, October Term 2009 Preview, Update: February 22, 2010, Georgetown University Law Center, Supreme Court Institute 2010 Georgetown University Law Center

Supreme Court Of The United States, October Term 2009 Preview, Update: February 22, 2010, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Deal Or No Deal? Remedying Ineffective Assistance Of Counsel During Plea Bargaining, David A. Perez 2010 Yale Law School

Deal Or No Deal? Remedying Ineffective Assistance Of Counsel During Plea Bargaining, David A. Perez

Student Scholarship Papers

Does a defendant suffer a remedial prejudice if, as a result of ineffective assistance of counsel during plea-bargaining, s/he rejects a favorable plea offer but subsequently receives a fair trial? Courts on both the federal and state levels remain bitterly divided over this question. Although there is no clear answer, courts have generally taken one of three approaches. The first two options – ordering a new trial or reinstating the original plea offer – are remedial, and assume that the defendant suffers prejudice. The third option finds that the defendant suffered no prejudice because s/he ultimately received a fair trial ...


Prefácio Aos Prefácios, Paulo Ferreira da Cunha 2010 Universidade do Porto

Prefácio Aos Prefácios, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

No presente artigo, ensaia-se uma sintética teorização em torno dos prefácios. O seu diálogo com o corpo do texto que apresentam não é simples, mas torna-se muito revelador. vale a pena ler e analisar estes textos, que alguns saltam displicentemente, e outros perscrutam com curiosidade...


Filosofia Antropológica?, Paulo Ferreira da Cunha 2010 Universidade do Porto

Filosofia Antropológica?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Muito do que se passa nas nossas sociedades, actualmente, depende de termos ou não termos um olhar filosófico, e de termos ou não termos a capacidade perspectivista do antropólogo. O presente artigo chama a atenção para a necessidade de a Filosofia, tentando furtar-se à tirania do Logos na versão dos ares "grão senhores", de que falava Kant, procure o olhar de "terceiro", e o despojamento de recursos da Antropologia cultural.


Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David Cleveland 2010 Valparaiso University

Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David Cleveland

David R. Cleveland

While unpublished opinions are now freely citeable under Federal Rule of Appellate Procedure 32.1, their precedential value remains uncertain. This ambiguity muddles the already unclear law surrounding qualified immunity and denies courts valuable precedents for making fair and consistent judgments on these critical civil rights issues. When faced with a claim that they have violated a person’s civil rights, government officials typically claim qualified immunity. The test is whether they have violated “clearly established law.” Unfortunately, the federal circuits differ on whether unpublished opinions may be used in determining clearly established law. This article, Clear as Mud: How ...


Will The Real Elena Kagan Please Stand Up? Conflicting Public Images In The Supreme Court Confirmation Process, Keith J. Bybee 2010 Syracuse University

Will The Real Elena Kagan Please Stand Up? Conflicting Public Images In The Supreme Court Confirmation Process, Keith J. Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

What images of judging did the Kagan confirmation process project?

My response to this question begins with a brief overview of existing public perceptions of the Supreme Court. I argue that a large portion of the public sees the justices as impartial arbiters who can be trusted to rule fairly. At the same time, a large portion of the public also sees the justices as political actors who are wrapped up in partisan disputes. Given these prevailing public views, we should expect the Kagan confirmation process to transmit contradictory images of judicial decisionmaking, with a portrait of judging as a ...


California Judicial Council's "Commission For Impartial Courts", Ronald B. Robie, Richard Fybel, Mary-Beth Moylan 2010 Associate Justice of the California Court of Appeal

California Judicial Council's "Commission For Impartial Courts", Ronald B. Robie, Richard Fybel, Mary-Beth Moylan

McGeorge School of Law Scholarly Articles

No abstract provided.


Hustle And Flow: A Social Network Analysis Of The American Federal Judiciary, Daniel Martin Katz 2010 Michigan State University College of Law

Hustle And Flow: A Social Network Analysis Of The American Federal Judiciary, Daniel Martin Katz

Faculty Publications

No abstract provided.


Hearings, Mark Spottswood 2010 Northwestern University School of Law

Hearings, Mark Spottswood

Faculty Working Papers

This article explores a constantly recurring procedural question: When is fact-finding improved by a live hearing, and when would it be better to rely on a written record? Unfortunately, when judges, lawyers, and rulemakers consider this issue, they are led astray by the widely shared—but false—assumption that a judge can best determine issues of credibility by viewing the demeanor of witnesses while they are testifying. In fact, a large body of scientific evidence indicates that judges are more likely to be deceived by lying or mistaken witnesses when observing their testimony in person than if the judges were ...


Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller 2010 Northwestern University School of Law

Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller

Faculty Working Papers

In this paper, we aim to better understand the institutional authority of the Federal Circuit as a source of law as well as the influence of pro-patent and anti-patent ideological forces at play between the Supreme Court, Federal Circuit, and the district courts. Our specific focus is on the district courts and how they cite Federal Circuit precedent relative to Supreme Court precedent to support their decisions, whether they be pro-patent or anti-patent. Using a variety of citation approaches and statistical tests, we find that federal district courts treat the Federal Circuit as more authoritative (compared to the Supreme Court ...


The Macroeconomic Court: Rhetoric And Implications Of New Deal Decision-Making, Nancy Staudt, Yilei He 2010 Northwestern University School of Law

The Macroeconomic Court: Rhetoric And Implications Of New Deal Decision-Making, Nancy Staudt, Yilei He

Faculty Working Papers

Supreme Court scholars have long discussed and debated the dramatic shift in constitutional decision-making that took place in the late 1930s—a shift that led the Justices to presume the constitutionality of any and all commercial statutes no matter how "preposterous" they might seem. The conventional wisdom holds that the Supreme Court altered its decision-making calculus to avoid the consequences of President Roosevelt's "court-packing plan," but various other explanations have also emerged in the literature over time. In this Article, Professor Staudt and Ms. He investigate an explanation that scholars and commentators have largely ignored: the role of the ...


Methodological Advances And Empirical Legal Scholarship: A Note On The Cox And Miles' Voting Rights Act Study, Nancy Staudt, Tyler VanderWeele 2010 Northwestern University School of Law

Methodological Advances And Empirical Legal Scholarship: A Note On The Cox And Miles' Voting Rights Act Study, Nancy Staudt, Tyler Vanderweele

Faculty Working Papers

In this Response, we use Professors Cox and Miles' recent study of judicial decision-making to explore what is at stake when legal scholars present empirical findings without fully investigating the structural relationships of their data or without explicitly stating the assumptions being made to draw causal inferences. We then introduce a new methodology that is intuitive, easy to use, and, most importantly, allows scholars systematically to assess problems of bias and confounding. This methodology—known as causal directed acyclic graphs—will help empirical researchers to identify true cause and effect relationships when they exist and, at the same time, posit ...


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