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Judging And Mindfulness: How To Use Mindfulness To Improve Judging And Reduce Bias, Clark Freshman 2018 University of California, Hastings College of the Law

Judging And Mindfulness: How To Use Mindfulness To Improve Judging And Reduce Bias, Clark Freshman

The Judges' Book

No abstract provided.


Civil Procedure: Jurisdiction And Its Effects, Scott Dodson 2018 University of California, Hastings College of the Law

Civil Procedure: Jurisdiction And Its Effects, Scott Dodson

The Judges' Book

No abstract provided.


Criminal Law: Taking The Constitution Seriously? Three Approaches To Law’S Competence In Addressing Authority And Professionalism, Hadar Aviram 2018 University of California, Hastings College of the Law

Criminal Law: Taking The Constitution Seriously? Three Approaches To Law’S Competence In Addressing Authority And Professionalism, Hadar Aviram

The Judges' Book

No abstract provided.


Employment Law: The Employee Vs. Independent Contractor Dichotomy, Veena Dubal 2018 University of California, Hastings College of the Law

Employment Law: The Employee Vs. Independent Contractor Dichotomy, Veena Dubal

The Judges' Book

No abstract provided.


Introduction, David Faigman 2018 University of California, Hastings College of the Law

Introduction, David Faigman

The Judges' Book

No abstract provided.


Foreword, Lawrence J. O’Neill Hon. 2018 University of California, Hastings College of the Law

Foreword, Lawrence J. O’Neill Hon.

The Judges' Book

No abstract provided.


Children And The Law: Constitutional Decisionmaking And The “Peculiar Vulnerability Of Children”, Lois A. Weithorn 2018 University of California, Hastings College of the Law

Children And The Law: Constitutional Decisionmaking And The “Peculiar Vulnerability Of Children”, Lois A. Weithorn

The Judges' Book

No abstract provided.


Health Law: Canadian Medical Tourism: Expanding Opportunities And Reducing Legal Risks For American Healthcare Providers, R. Gregory Cochran 2018 University of California, Hastings College of the Law

Health Law: Canadian Medical Tourism: Expanding Opportunities And Reducing Legal Risks For American Healthcare Providers, R. Gregory Cochran

The Judges' Book

No abstract provided.


Constitutional Law: Reliance On Nonenforcement, Zachary S. Price 2018 University of California, Hastings College of the Law

Constitutional Law: Reliance On Nonenforcement, Zachary S. Price

The Judges' Book

No abstract provided.


Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law September 2018, Roger Williams University School of Law 2018 Roger Williams University

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law September 2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The U.S Constitution: The Original American Dream, Judith S. Kaye 2018 N.Y. Court of Appeals

The U.S Constitution: The Original American Dream, Judith S. Kaye

Pace Law Review

Adapted from Remarks delivered at Law Day ceremonies May 1, 1996, at Court of Appeals Hall, Albany, New York.


Governor's Remarks, George Pataki 2018 Pace University

Governor's Remarks, George Pataki

Pace Law Review

Remarks by Gov. George Pataki on Law Day at Pace University School of Law, May 1, 1996.


Keynote Address: Judging The Political And Political Judging: Justice Scalia As Case Study, Richard L. Hasen 2018 UC Irvine School of Law

Keynote Address: Judging The Political And Political Judging: Justice Scalia As Case Study, Richard L. Hasen

Chicago-Kent Law Review

This is a revised version of a Keynote Address delivered at “The Supreme Court and American Politics,” a symposium held October 17, 2017 at the Chicago-Kent College of Law. In this Address, Professor Hasen considers through the lens of Justice Scalia’s opinions the role that views of the political process play, at least rhetorically, in how Supreme Court Justices decide cases. It focuses on Justice Scalia’s contradictory views on self-dealing and incumbency protection across a range of cases, comparing campaign finance on the one hand to partisan gerrymandering, voter identification laws, political patronage, and ballot access rules on ...


What Members Of Congress Say About The Supreme Court And Why It Matters, Carolyn Shapiro 2018 Chicago-Kent College of Law

What Members Of Congress Say About The Supreme Court And Why It Matters, Carolyn Shapiro

Chicago-Kent Law Review

Republican and Democratic senators took strikingly different approaches to Justice Neil Gorsuch’s confirmation hearing. Republicans focused on judicial process—what judges are supposed to do, how they are constrained, and the significance of the constitutional separation of powers—evoking rhetoric long used by the political right. Democrats, by contrast, focused primarily on case outcomes, complaining, for example, that Gorsuch favored “the big guy” over “the little guy” in cases he decided as a judge on the Tenth Circuit. This Article critiques the Democrats’ failure to discuss judicial process and to promote their own affirmative vision of the judiciary and ...


Neil Gorsuch And The Ginsburg Rules, Lori A. Ringhand, Paul M. Collins Jr. 2018 University of Georgia School of Law

Neil Gorsuch And The Ginsburg Rules, Lori A. Ringhand, Paul M. Collins Jr.

Chicago-Kent Law Review

Supreme Court nominees testifying before the Senate Judiciary Committee frequently invoke the so-called “Ginsburg Rule” to justify not answering questions posed to them. According to this “rule,” nominees during their testimony must avoid signaling their preferences about previously decided Supreme Court cases or constitutional issues. Using empirical data on every question asked and answered at every hearing from 1939–2017, we explore this “rule,” and its attribution to Justice Ruth Bader Ginsburg. We demonstrate three things. First, the Ginsburg Rule is poorly named, given that the practice of claiming a privilege to not respond to certain types of questions predates ...


Taking Judicial Legitimacy Seriously, Luis Fuentes-Rohwer 2018 Maurer School of Law, Indiana University Bloomington

Taking Judicial Legitimacy Seriously, Luis Fuentes-Rohwer

Chicago-Kent Law Review

Chief Justice Roberts appears worried about judicial legitimacy. In Gill v. Whitford, the Wisconsin gerrymandering case, he explicitly worries about the message the Court would send if it wades into the gerrymandering debate. More explicitly, he worries about “the status and integrity” of the Court if is seen as taking sides in politically charged controversies. Similarly, during his confirmation hearing, Roberts warned that the Court has a limited role in our constitutional scheme and must stay within it. To decide cases on the basis of policy and not law would compromise the Court’s legitimacy. This Essay is skeptical. For ...


Justice Kennedy, The Supreme Court, And The Christian's Role, Mark Caleb Smith 2018 Cedarville University

Justice Kennedy, The Supreme Court, And The Christian's Role, Mark Caleb Smith

Mark Caleb Smith, Ph.D.

No abstract provided.


Garbage In, Garbage Out: Revising Strickland As Applied To Forensic Science Evidence, Mark Loudon-Brown 2018 Southern Center for Human Rights

Garbage In, Garbage Out: Revising Strickland As Applied To Forensic Science Evidence, Mark Loudon-Brown

Georgia State University Law Review

Sophisticated scientific evidence may be an undesirable subject matter for a judge to tackle anew, and it can be even more daunting for a defense attorney to confront, particularly one faced with a crushing caseload. It can be tempting to avoid a challenge to a vulnerable forensic science discipline—be it new, novel, or simply recently called into question—when a lawyer reasonably believes that the evidence will be admitted regardless.

Worse still, it may seem reasonable to disregard any adversarial challenge to incriminatory science altogether, and to opt instead for a different defense or to encourage a guilty plea ...


The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman 2018 American Civil Liberties Union

The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman

Georgia State University Law Review

As this Article sets forth, once a computerized algorithm is used by the government, constitutional rights may attach. And, at the very least, those rights require that algorithms used by the government as evidence in criminal trials be made available—both to litigants and the public. Scholars have discussed how the government’s refusal to disclose such algorithms runs afoul of defendants’ constitutional rights, but few have considered the public’s interest in these algorithms—or the widespread impact that public disclosure and auditing could have on ensuring their quality.

This Article aims to add to that discussion by setting ...


Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo 2018 St. Mary's University School of Law

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


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