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

Judges Commons

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

6,561 Full-Text Articles 4,298 Authors 1,845,133 Downloads 171 Institutions

All Articles in Judges

Faceted Search

6,561 full-text articles. Page 166 of 167.

Iqbal And Empathy, Darrell A. H. Miller 2010 Duke Law School

Iqbal And Empathy, Darrell A. H. Miller

Faculty Scholarship

This Essay argues that empathy does and should play an important, albeit limited role, in a judge’s decision making process. Specifically, empathy is essential for making correct, principled, and unbiased judgments, because empathy is one of the few means we have to understand human motivation. Empathy is a crucial cognitive mechanism that can help compensate for common cognitive bias. As such, empathy, appropriately restricted, should be an accepted and meaningful tool for judges to use in evaluating the sufficiency of complaints, especially as they relate to Iqbal’s plausibility pleading standard.


Misplaced Modifiers - Say What, David Spratt 2010 American University Washington College of Law

Misplaced Modifiers - Say What, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


All Rise! Standing In Judge Betty Fletcher’S Court, Thomas D. Rowe Jr. 2010 Duke Law School

All Rise! Standing In Judge Betty Fletcher’S Court, Thomas D. Rowe Jr.

Faculty Scholarship

In this essay, based on a talk given at the Washington Law Review’s March 2009 symposium in honor of Senior Ninth Circuit Judge Betty Binns Fletcher and her three decades of service on that court, I selectively survey her opinions on justiciability issues: standing, ripeness, mootness, and political questions. A significant starting point for this survey is Professor Richard Pierce’s 1999 law review article, Is Standing Law or Politics?, arguing that many Supreme Court votes in standing cases generally, and appellate judges’ votes in environmental-standing cases specifically, can be explained better on the basis of politics than by ...


Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson 2010 American University Washington College of Law

Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

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.


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

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.


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.


Completing Caperton And Clarifying Common Sense Through Using The Right Standard For Constitutional Judicial Recusal, Jeffrey W. Stempel 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Completing Caperton And Clarifying Common Sense Through Using The Right Standard For Constitutional Judicial Recusal, Jeffrey W. Stempel

Scholarly Works

In Caperton v. A.T. Massey Coal Co., the U.S. Supreme Court vacated a state supreme court decision in which a justice who had received $3 million in campaign support from a litigant cast the deciding vote to relieve the litigant of a $50 million liability. The Court reached this result, one I view as compelled by common sense, through a 5-4 vote, with the dissenters, led by Chief Justice John Roberts and Justice Antonin Scalia, minimizing the danger of biased judging presented by the situation and questioning the practical feasibility of the Court's approach as well as ...


Refocusing Away From Rules Reform And Devoting More Attention To The Deciders, Jeffrey W. Stempel 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Refocusing Away From Rules Reform And Devoting More Attention To The Deciders, Jeffrey W. Stempel

Scholarly Works

The issue of judicial competence and integrity is particularly troubling in the wake of Caperton v. A.T. Massey Coal Co., where the U.S. Supreme Court vacated a state supreme court decision in which a justice—who had received at least $3 million in campaign support from a litigant—cast the deciding vote to relieve the litigant of a liability award of $50 million ($82 million with interest). The Court reached this result, one I view as compelled by common sense, through a 5-4 vote. The dissenters, led by Chief Justice Roberts and Justice Scalia, minimized the danger of ...


Impeach Brent Benjamin Now!? Giving Adequate Attention To Failings Of Judicial Impartiality, Jeffrey W. Stempel 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Impeach Brent Benjamin Now!? Giving Adequate Attention To Failings Of Judicial Impartiality, Jeffrey W. Stempel

Scholarly Works

In Caperton v. A.T. Massey Coal Co., Inc., 129 S. Ct. 2252 (2009), the Supreme Court by a 5-4 vote vacated and remanded a decision of the West Virginia Supreme Court of Appeals in which Justice Brent Benjamin cast the deciding vote in favor of Massey, a company run by Don Blankenship, who had provided $3 million in support to Benjamin during his 2004 election campaign.

Despite the unsavory taste of the entire episode, the Court was excessively careful not to criticize Justice Benjamin. Overlooked because of this undue judicial civility and controversy about the constitutional aspects of the ...


Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh 2010 Indiana University Maurer School of Law

Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton 2010 United States Court of Appeals for the Sixth Circuit

A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton

Michigan Law Review

I was eager to enter the judiciary. I liked the title: federal judge. I liked the job security: life tenure. And I could tolerate the pay: the same as Richard Posner's. That, indeed, may have been the most flattering part of the opportunity-that I could hold the same title and have the same pay grade as one of America's most stunning legal minds. Don't think I didn't mention it when I had the chance. There is so much to admire about Judge Posner-his lively pen, his curiosity, his energy, his apparent understanding of: everything. He has ...


Judicial Elections As Popular Constitutionalism, David E. Pozen 2010 Columbia Law School

Judicial Elections As Popular Constitutionalism, David E. Pozen

Faculty Scholarship

One of the most important recent developments in American legal theory is the burgeoning interest in "popular constitutionalism." One of the most important features of the American legal system is the selection of state judges – judges who resolve thousands of state and federal constitutional questions each year – by popular election. Although a large literature addresses each of these subjects, scholarship has rarely bridged the two. Hardly anyone has evaluated judicial elections in light of popular constitutionalism, or vice versa.

This Article undertakes that thought experiment. Conceptualizing judicial elections as instruments of popular constitutionalism, the Article aims to show, can enrich ...


Detecting The Stealth Erosion Of Precedent: Affirmative Action After Ricci, Sachin S. Pandya 2010 Univ. of Connecticut School of Law

Detecting The Stealth Erosion Of Precedent: Affirmative Action After Ricci, Sachin S. Pandya

Faculty Articles and Papers

This paper presents a method for detecting stealth precedent erosion, i.e., when an appellate court majority deliberately writes the opinion in case y to reduce the scope of its precedent x, but does not expressly refer to precedent x in the opinion. Applying this method, the paper provides a strong basis for concluding that in Ricci v. DeStefano (2009), a United States Supreme Court case decided under Title VII of the Civil Rights Act of 1964, the Court majority eroded by stealth United Steelworkers of America v. Weber (1979), and Johnson v. Transportation Agency (1987), both cases that read ...


Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans 2010 Associate, Foley & Lardner, LLP, Milwaukee, WI

Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans

Cornell Law Faculty Publications

No abstract provided.


Confirmatory Legislative History , James J. Brudney 2010 Fordham University School of Law

Confirmatory Legislative History , James J. Brudney

Faculty Scholarship

Textualists and intentionalists regularly lock horns over the proper approach to construing statutory language regarded as inconclusive. The interpretive debate seems less contentious, however, when the words of the law are deemed clear. There may be reasonable disagreement as to whether the text at issue in a particular controversy has a plain meaning, but if it does then that meaning arguably preempts further inquiry. Since 1990, Supreme Court majority opinions are replete with declarations such as: "Given [a] straightforward statutory command, there is no reason to resort to legislative history"; or "we do not resort to legislative history to cloud ...


Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil 2010 Claremont McKenna College

Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil

CMC Senior Theses

According to the Department of Homeland Security, Office of Immigration Statistic, California accounts for approximately 2,600,000 illegal immigrants in 2009. This number represents about 25 percent of the entire estimated illegal immigrant population in the United States, which is roughly 10.8 million. Between 2003 and 2008, the U.S. government removed 1,446,338 noncitizens from the United States. This rise in deportation is a result o the changes that have been enacted by the federal government over the years that transformed the nature of immigration enforcement. This thesis explores the California Immigration Enforcement system from the ...


A Public Calling: Lessons From The Lives Of Judges Of Color In Pennsylvania, Phoebe A. Haddon 2010 University of Maryland Francis King Carey School of Law

A Public Calling: Lessons From The Lives Of Judges Of Color In Pennsylvania, Phoebe A. Haddon

Faculty Scholarship

This paper discusses how Judge Clifford Scott Green, Judge William Marutani, and Judge Juanita Kidd Stout spent their lives as leaders in the law to illustrate the ideal of a "public calling."


Judicial Selection, Judicial Disqualification, And The Role Of Money In Judicial Campaigns, Charles G. Geyh 2010 Indiana University Maurer School of Law

Judicial Selection, Judicial Disqualification, And The Role Of Money In Judicial Campaigns, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


Digital Commons powered by bepress