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The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum 2021 WIlliam S. Boyd School of Law, UNLV

The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum

Dickinson Law Review

This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.

This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole ...


Tran V. Minnesota Life Insurance Co., Thomas Gawel 2021 New York Law School

Tran V. Minnesota Life Insurance Co., Thomas Gawel

NYLS Law Review

No abstract provided.


Krawiec V. Manly, Abigail DeMasi 2021 New York Law School

Krawiec V. Manly, Abigail Demasi

NYLS Law Review

No abstract provided.


United States V. Herman, Tyler Wilkerson 2021 New York Law School

United States V. Herman, Tyler Wilkerson

NYLS Law Review

No abstract provided.


Fields V. Speaker Of Pennsylvania House Of Representatives, Heidi Moore 2021 New York Law School

Fields V. Speaker Of Pennsylvania House Of Representatives, Heidi Moore

NYLS Law Review

No abstract provided.


Banksy: Artist, Prankster, Or Both?, Anna Tichy 2021 New York Law School

Banksy: Artist, Prankster, Or Both?, Anna Tichy

NYLS Law Review

No abstract provided.


The “Critical Stage” Of Plea-Bargaining And Disclosure Of Exculpatory Evidence, Gabriella Castellano 2021 New York Law School

The “Critical Stage” Of Plea-Bargaining And Disclosure Of Exculpatory Evidence, Gabriella Castellano

NYLS Law Review

No abstract provided.


Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh 2021 Touro College Jacob D. Fuchsberg Law Center

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh

Touro Law Review

No abstract provided.


Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison 2021 University of Pittsburgh School of Law

Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison

Articles

The soccer referee stands in for a judge. Soccer’s Video Assistant Referee (“VAR”) system stands in for algorithms that augment human deciders. Fair play stands in for justice. They are combined and set in a polycentric system of governance, with implications for designing, administering, and assessing human-machine combinations.


Keeping Up: Walking With Justice Douglas, Charles A. Reich 2021 Touro College Jacob D. Fuchsberg Law Center

Keeping Up: Walking With Justice Douglas, Charles A. Reich

Touro Law Review

No abstract provided.


My Friend, Charles Reich, Hon. Guido Calabresi 2021 Touro College Jacob D. Fuchsberg Law Center

My Friend, Charles Reich, Hon. Guido Calabresi

Touro Law Review

No abstract provided.


Charles Reich, New Dealer, John Q. Barrett 2021 Touro College Jacob D. Fuchsberg Law Center

Charles Reich, New Dealer, John Q. Barrett

Touro Law Review

No abstract provided.


Reviving Focused Scrutiny In The Constitutional Review Of Public Health Measures, Robert Gatter 2021 Saint Louis University School of Law

Reviving Focused Scrutiny In The Constitutional Review Of Public Health Measures, Robert Gatter

Washington University Journal of Law & Policy

State and local officials have issued public health orders aiming to prevent or slow the spread of COVID-19. As a result, constitutional challenges have been brought claiming that certain measures (stay-at-home orders, mask mandates, etc.) violate the right to free exercise of religion, the right to free assembly, and the right to due process. This Article acknowledges the highly deferential standard applied when assessing whether a government’s public health action, during a public health emergency, violates the due process clause. Gatter encourages judges to adopt “focused scrutiny” in these cases, further constraining judicial review by a scientific focus. This ...


Table Of Contents, Seattle University Law Review 2021 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Judges And The Deregulation Of The Lawyer's Monopoly, Jessica K. Steinberg, Anna E. Carpenter, Colleen F. Shanahan, Alyx Mark 2021 George Washington University Law School

Judges And The Deregulation Of The Lawyer's Monopoly, Jessica K. Steinberg, Anna E. Carpenter, Colleen F. Shanahan, Alyx Mark

Faculty Scholarship

In a revolutionary moment for the legal profession, the deregulation of legal services is taking hold in many parts of the country. Utah and Arizona, for instance, are experimenting with new regulations that permit nonlawyer advocates to play an active role in assisting citizens who may not otherwise have access to legal services. In addition, amendments to the Rules of Professional Conduct in both states, as well as those being contemplated in California, now allow nonlawyers to have a partnership stake in law firms, which may dramatically change the way capital for the delivery of legal services is raised as ...


Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark 2021 The University of Utah S.J. Quinney College of Law

Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark

Faculty Scholarship

The typical American civil trial court is lawyerless. In response to the challenge of pro se litigation, scholars, advocates, judges, and courts have embraced a key solution: reforming the judge’s traditional role. The prevailing vision calls on trial judges to set aside traditional judicial passivity, simplify court procedures, and offer a range of assistance and accommodation to people without counsel.

Despite widespread support for judicial role reform, we know little of whether and how judges are implementing pro se assistance recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear – and the power ...


Jack Weinstein: Reimagining The Role Of The District Court Judge, Jessica A. Roth 2021 Benjamin N. Cardozo School of Law

Jack Weinstein: Reimagining The Role Of The District Court Judge, Jessica A. Roth

Articles

This essay, for a symposium issue of the Federal Sentencing Reporter dedicated to the impact of Judge Jack Weinstein on the occasion of his retirement from the federal bench, highlights how Judge Weinstein has re-imagined the role of the district court judge. Through his judicial opinions, extrajudicial writings and speeches, and his innovative use of the court’s supervisory authority, Judge Weinstein has challenged, and in some cases altered, the status quo in the realm of criminal sentencing. In doing so, he has established a forceful example of how district court judges can use their position to advocate for and ...


Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit 2021 Southern Methodist University, Dedman School of Law

Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit

Faculty Scholarship

Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on the ABA Model Rule 8.4(g), which regulates professional misconduct, this article argues that ethics rules can, under certain conditions, offer an effective deterrent to exclusionary practices among legal actors. Part I examines the specific history, evolution, and application of revised ABA Model Rule 8.4(g). Part II delves into the ways that ethics rules ...


“Unconstitutional Beyond A Reasonable Doubt” – A Misleading Mantra That Should Be Gone For Good, Hugh Spitzer 2021 University of Washington School of Law

“Unconstitutional Beyond A Reasonable Doubt” – A Misleading Mantra That Should Be Gone For Good, Hugh Spitzer

Washington Law Review Online

For a century, Washington State Supreme Court opinions periodically have intoned that the body will not invalidate a statute on constitutional grounds unless it is “unconstitutional beyond a reasonable doubt.” This odd declaration invokes an evidentiary standard of proof as a rule of decision for a legal question of constitutionality, and it confuses practitioners and the public alike. “Unconstitutional beyond a reasonable doubt” is not peculiar to Washington State. Indeed, it began appearing in state court decisions in the early nineteenth century and, rarely, in opinions of the United States Supreme Court. But the use of the phrase rapidly increased ...


Branquitude E Justiça: Análise Sociológica Atraves De Uma Fonte Jurídica: Documento Técnico Ou Talvez Político?, Lourenço Cardoso 2020 Western Oregon University

Branquitude E Justiça: Análise Sociológica Atraves De Uma Fonte Jurídica: Documento Técnico Ou Talvez Político?, Lourenço Cardoso

Journal of Hispanic and Lusophone Whiteness Studies (HLWS)

Na primeira parte do artigo vou tratar de alguns termos e conceitos, vou abordar a ideia negro, a ideia branco e a expressão “paraíso racial.” Depois problematizarei os conceitos “Privilégio Racial” e “Vantagem Racial” e seus usos. Isto será necessário para o maior aprofundamento da análise da fonte que será realizada depois. Na segunda parte, analisa uma sentença proferida por uma juíza do Tribunal de Justiça do Estado de São Paulo. A magistrada expôs em sua decisão a sua mentalidade a respeito de raça, justiça e direito. Disse praticamente que o réu não parecia ser bandido porque era branco. Pela ...


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