Ideology, Qualifications, And Covert Senate Obstruction Of Federal Court Nominations,
2013
University of Wisconsin - Madison
Ideology, Qualifications, And Covert Senate Obstruction Of Federal Court Nominations, Ryan Owens, Daniel Walters, Ryan Black, Anthony Madonna
Ryan Owens
Scholars, policymakers, and journalists have bemoaned the emphasis on ideology over qualifications and party over performance in the judicial appointment process. Though, for years, the acrimony between the two parties and between the Senate and President remained limited to appointments to the United States Supreme Court, the modern era of judicial appointments has seen the so-called “appointments rigor mortis” spread throughout all levels of judicial appointments. A host of studies have examined the causes and consequences of the growing acrimony and obstruction of lower federal court appointments, but few rely on archival data and empirical evidence to examine the underlying …
The Chilean Constitutional Court And The 2005 Reform: A Castling Between Career Judges And Academics,
2013
JSD Program, UC Berkeley School of Law
The Chilean Constitutional Court And The 2005 Reform: A Castling Between Career Judges And Academics, Diego G. Pardow
Diego G. Pardow
Using a series of logistic regression analyses, this paper argues that the Chilean Constitutional Court is becoming more active in asserting constitutional rights. Before the reform, the pattern was favoring the incumbent government and deciding the cases by unanimity. After the reform the frequency of dissenting opinions increased, while the level of deference with the government decreased. We also argue, however, that any political analysis should proceed with caution. Career judges dominated the pre-reform Court, whereas justices coming from an academic environment were the ones filling those positions after the reform. Interestingly, Chilean judges have a long-standing reputation of being …
Free Exercise Of Religion Before The Bench: Empirical Evidence From The Federal Courts,
2013
Cornell Law School
Free Exercise Of Religion Before The Bench: Empirical Evidence From The Federal Courts, Michael Heise, Gregory C. Sisk
Cornell Law Faculty Publications
We analyze various factors that influence judicial decisions in cases involving Free Exercise Clause or religious accommodation claims and decided by lower federal courts. Religious liberty claims, including those moored in the Free Exercise Clause, typically generate particularly difficult questions about how best to structure the sometimes contentious relation between the religious faithful and the sovereign government. Such difficult questions arise frequently in and are often framed by litigation. Our analyses include all digested Free Exercise and religious accommodation claim decisions by federal court of appeals and district court judges from 1996 through 2005. As it relates to one key …
Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings ,
2013
Pepperdine University
Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings , Perry L. Glantz
Pepperdine Law Review
No abstract provided.
The Risky Interplay Of Tort And Criminal Law: Punitive Damages,
2013
Columbia Law School
The Risky Interplay Of Tort And Criminal Law: Punitive Damages, Daniel M. Braun
Daniel M Braun
The rise of modern mass tort litigation in the U.S. has transformed punitive damages into something of a “hot button” issue. Since the size of punitive damage awards grew so dramatically in the past half century, this private law remedy has begun to involve issues of constitutional rights that traditionally pertained to criminal proceedings. This has created a risky interplay between tort and criminal law, and courts have thus been trying to find ways to properly manage punitive damage awards. The once rapidly expanding universe of punitive damages is therefore beginning to contract. There remain, however, very serious difficulties. Despite …
Clinton, Ginsburg, And Centrist Federalism,
2013
Washington & Lee University School of Law
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Russell A. Miller
This Article examines Justice Ginsburg's overlooked federalism jurisprudence and concludes that it almost perfectly complements President Bill Clinton's New Democratic centrism, especially his pro-state federalism agenda. The Article concludes that their nuanced, "centrist" approach to federalism has two characteristics. First,t hey value the states 'governing autonomy and show respect for the state agents that realize that autonomy. Second, they credit the states as intersubjective actors engaged in the pursuit of their interests, albeit in political processes usually carried out at the federal level.
Quotas, Politics, And Judicial Statesmanship:
The Civil Rights Act Of 1991 And Powell's
Bakke,
2013
Washington and Lee University School of Law
Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald
Mark H. Grunewald
No abstract provided.
Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?,
2013
Pepperdine University
Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods
Pepperdine Law Review
No abstract provided.
Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics,
2013
Pepperdine University
Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley
Pepperdine Law Review
No abstract provided.
Introduction,
2013
Pepperdine University
Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?,
2013
Pepperdine University
Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert
Pepperdine Law Review
No abstract provided.
Vencer A Crise. Ética, Psicologia E Partidos,
2013
Universidade do Porto
Vencer A Crise. Ética, Psicologia E Partidos, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Crise e medidas de liofilização e compressão ensurdecem toda a comunicação social. Há contudo que analisar as raízes psicológicas da crise e da crise sobre a crise, e urgentemente regenerar os partidos, sob pena de sempre se ter "mais do mesmo". Ou então muito diferente, porque a obstinação de uns levará à obstinação de outros. E se a II República não mostrar que vale a pena, poderá vir (o diabo não nos oiça) uma anti-república que se chamará IV (porque contará também o Estado Novo) a tentar resolver tudo à força.
Constructing Courts: Architecture, The Ideology Of Judging, And The Public Sphere,
2013
University of Richmond
Constructing Courts: Architecture, The Ideology Of Judging, And The Public Sphere, Allison Anna Tait
Law Faculty Publications
In several countries, governments have embarked on major building expansion programs for their judiciaries. The new buildings posit the courtroom as their center and the judge as that room’s pivot. These contemporary projects follow the didactic path laid out in Medieval and Renaissance town halls, which repeatedly deployed symbolism in efforts to shape norms. Dramatic depictions then reminded judges to be loyal subjects of the state. In contrast, modern buildings narrate not only the independence of judges but also the dominion of judges, insulated from the state. The significant allocation of public funds reflects the prestige accorded to courts by …
Tribute To Chief Justice Harry L. Carrico,
2013
University of Richmond
Tribute To Chief Justice Harry L. Carrico, John G. Douglass
Law Faculty Publications
An insightful personal perspective of Chief Justice Harry L. Carrico by Professor John G. Douglass.
Reconsidering Recusals: The Need For Requirements For When Not To Recuse,
2013
William & Mary Law School
Reconsidering Recusals: The Need For Requirements For When Not To Recuse, Mason E. Lowe
Faculty Publications
In the American judiciary system, it is imperative that judges act free of bias. Although this seems to be an easy-enough-to-understand theory, its practical application is not always so simple. As a result, there have been wide-ranging, unpredictable, and sometimes undesirable results. Others have noted the need for clearer recusal rules and guidelines. There have been various suggestions for how to improve or reform recusal rules, all of which note that there is a lack of standardized and predictable rules for when judges are required to recuse themselves. These previous suggestions have correctly identified the root of the problem and …
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality,
2013
Pacific McGeorge School of Law
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
McGeorge School of Law Scholarly Articles
No abstract provided.
The Property Jurisprudence Of Justice Kennedy,
2013
Pacific McGeorge School of Law
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
McGeorge School of Law Scholarly Articles
No abstract provided.
State Interests And The Duration Of Abortion Rights,
2013
University of Georgia School of Law
State Interests And The Duration Of Abortion Rights, Randy Beck
McGeorge Law Review
No abstract provided.
Introduction, Symposium: The Evolution Of Justice Anthony M. Kennedy’S Jurisprudence,
2013
Pacific McGeorge School of Law
Introduction, Symposium: The Evolution Of Justice Anthony M. Kennedy’S Jurisprudence, Elizabeth Rindskopf Parker
McGeorge Law Review
No abstract provided.
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality,
2013
Pacific McGeorge School of Law
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
McGeorge Law Review
No abstract provided.
