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A Principled Reason To Oppose The Confirmation Of Neil Gorsuch, Peter M. Shane 2017 Ohio State University - Main Campus

A Principled Reason To Oppose The Confirmation Of Neil Gorsuch, Peter M. Shane

Peter Shane

This essay argues that, without regard to the legal or jurisprudential views of Judge (now Justice) Neil A. Gorsuch, Senators could legitimately oppose his confirmation to avoid rewarding Senate Republicans’ 2016 refusal to consider the nomination of Judge Merrick Garland to fill a Supreme Court vacancy. The actions of Senate Republicans were unprecedented and highlighted the growing dysfunction of our system for choosing Supreme Court Justices. 


Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson 2017 University of Pennsylvania

Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson

Faculty Scholarship

Our current pretrial system imposes high costs on both the people who are detained pretrial and the taxpayers who foot the bill. These costs have prompted a surge of bail reform around the country. Reformers seek to reduce pretrial detention rates, as well as racial and socioeconomic disparities in the pretrial system, while simultaneously improving appearance rates and reducing pretrial crime. The current state of pretrial practice suggests that there is ample room for improvement. Bail hearings are often cursory, with no defense counsel present. Money-bail practices lead to high rates of detention even among misdemeanor defendants and those who ...


Trending @ Rwu Law: Dean Yelnosky's Post: 24: Dean Style 3-6-2017, Michael Yelnosky 2017 Roger Williams University School of Law

Trending @ Rwu Law: Dean Yelnosky's Post: 24: Dean Style 3-6-2017, Michael Yelnosky

Law School Blogs

No abstract provided.


The Exceptional Role Of Courts In The Constitutional Order, N.W. Barber, Adrian Vermeule 2017 Trinity College, Oxford

The Exceptional Role Of Courts In The Constitutional Order, N.W. Barber, Adrian Vermeule

Notre Dame Law Review

This Article looks at a rare part of the judicial role: those exceptional cases when the judge is called upon to pass judgment on the constitution itself. This arises in three groups of cases, roughly speaking. First, in exceptional cases the validity of the constitution and the legal order is thrown into dispute. Second, on some occasions the judge is asked to rule on the transition from one constitutional order to another. Third, there are some cases in which the health of the constitutional order requires the judge to act not merely beyond the law, as it were, but actually ...


Aggregation As Disempowerment: Red Flags In Class Action Settlements, Howard M. Erichson 2017 Fordham University

Aggregation As Disempowerment: Red Flags In Class Action Settlements, Howard M. Erichson

Notre Dame Law Review

Class action critics and proponents cling to the conventional wisdom that class actions empower claimants. Critics complain that class actions over-empower claimants and put defendants at a disadvantage, while proponents defend class actions as essential to consumer protection and rights enforcement. This Article explores how class action settlements sometimes do the opposite. Aggregation empowers claimants’ lawyers by consolidating power in the lawyers’ hands. Consolidation of power allows defendants to strike deals that benefit themselves and claimants’ lawyers while disadvantaging claimants. This Article considers the phenomenon of aggregation as disempowerment by looking at specific settlement features that benefit plaintiffs’ counsel and ...


The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger 2017 U.S. Supreme Court

The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger

Fordham Law Review

PROFESSOR AARON SAIGER: It’s a signal honor for Fordham Law School and a personal honor for me and a pleasure to have Justice Ginsburg here tonight. We want to thank you for coming. I think I will not reiterate all of the thanks Dean Diller has offered, except to say that we are very grateful to the Levine family and deeply indebted to the students of the Law Review who have made tonight happen. The format of the evening is as follows: I will ask questions and the Justice will answer them.


Justice And Other Crimes Evidence: The Smorgasbord Ploy, Kenneth Graham 2017 UCLA School of Law

Justice And Other Crimes Evidence: The Smorgasbord Ploy, Kenneth Graham

Fordham Law Review

The smorgasbord ploy probably plays only a minor role in the admission of other crimes evidence. But it offers us a nice window into the uses and abuses of Rule 404(b) of the Federal Rules of Evidence (“the Rules”) and its state clones. Rule 404(b)’s drafters may have supposed that trial judges would look among the illustrative uses in Rule 404(b) and select the one or two that seem most apropos to the case before them. However, the practitioners of smorgasbordism do not make any choices but instead list all (or most) of the illustrative uses ...


Rethinking Criminal Contempt In The Bankruptcy Courts, John A. E. Pottow, Jason S. Levin 2017 University of Michigan Law School

Rethinking Criminal Contempt In The Bankruptcy Courts, John A. E. Pottow, Jason S. Levin

Law & Economics Working Papers

A surprising number of courts believe that bankruptcy judges lack authority to impose criminal contempt sanctions. We attempt to rectify this misunderstanding with a march through the historical treatment of contempt-like powers in bankruptcy, the painful statutory history of the 1978 Bankruptcy Code (including the exciting history of likely repealed 28 U.S.C. § 1481), and the various apposite rules of procedure. (Fans of the All Writs Act will delight in its inclusion.) But the principal service we offer to the bankruptcy community is dismantling the ubiquitous and persistent belief that there is some form of constitutional infirmity with "mere ...


Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon 2017 Selected Works

Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon

Tracey George

No abstract provided.


Courts Of Good And Ill Repute: Garoupa And Ginsburg’S Judicial Reputation: A Comparative Theory, Tracey E. George, G. Mitu Gulati 2017 Duke Law School

Courts Of Good And Ill Repute: Garoupa And Ginsburg’S Judicial Reputation: A Comparative Theory, Tracey E. George, G. Mitu Gulati

Tracey George

Nuno Garoupa and Tom Ginsburg have published an ambitious book that seeks to account for the great diversity of judicial systems based, in part, on how courts are designed to marshal the power of a high public opinion of the judiciary. Judges, the book posits, care deeply about their reputations both inside and outside the courts. Courts are designed to capitalize on judges’ desire to maximize their reputation, and judges’ existing stock of reputation can affect the design of the courts which they serve. We find much to like in this book, ranging from its intriguing and ambitious positive claims ...


Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler 2017 Selected Works

Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler

Jim Rossi

No abstract provided.


Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi 2017 Selected Works

Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi

Jim Rossi

This essay addresses how ALJ final order authority in many state systems of administrative governance (among them Florida, Louisiana, Missouri, and South Carolina) poses a tension between independence and accountability. It is argued that political accountability is sacrificed where reviewing courts defer to ALJ final orders on issues of law and policy. Standards of review provide state courts with a way of restoring the balance between independence and accountability, but reviewing courts should heighten the deference they give to the agency's legal and policy positions -- giving little or no deference to the ALJ on these issues -- even where the ...


The Impact Of Justice Scalia's Replacement On Gender Equality Issues, Wilson R. Huhn 2017 The University of Akron

The Impact Of Justice Scalia's Replacement On Gender Equality Issues, Wilson R. Huhn

ConLawNOW

The last forty-six years may be accurately described as the era of the modern Republican Supreme Court. As a result of presidential elections, Republican presidents have nominated all ten of the Justices appointed to the United States Supreme Court between 1969 and 1991. Republicans have thus controlled the Court since 1970. During this period the right to gender equality was recognized and the right to marriage equality was realized. However, also during this period many Republican Justices staunchly opposed gender equality, and far more remains to be accomplished.

Since Justice Scalia’s death, the Supreme Court has been deadlocked on ...


Judge Gorsuch On Empathy And Institutional Design, Peter Margulies 2017 Roger Williams University School of Law

Judge Gorsuch On Empathy And Institutional Design, Peter Margulies

Law Faculty Scholarship

No abstract provided.


American College Of Trial Lawyers Report And Recommendation On Disruption Of The Judicial Process, 2017 St. John's University School of Law

American College Of Trial Lawyers Report And Recommendation On Disruption Of The Judicial Process

The Catholic Lawyer

No abstract provided.


The Jury As A Political Institution, Jon M. Van Dyke 2017 St. John's University School of Law

The Jury As A Political Institution, Jon M. Van Dyke

The Catholic Lawyer

No abstract provided.


The Partnership Of Bench And Bar, Edward D. Re 2017 St. John's University School of Law

The Partnership Of Bench And Bar, Edward D. Re

The Catholic Lawyer

No abstract provided.


Paul Vi To American Jurists, 2017 St. John's University School of Law

Paul Vi To American Jurists

The Catholic Lawyer

No abstract provided.


The Vanishing Common Law Judge, Neal Devins, David Klein 2017 William & Mary Law School

The Vanishing Common Law Judge, Neal Devins, David Klein

Faculty Publications

The common law style of judging appears to be on its way out. Trial courts rarely shape legal policymaking by asserting decisional autonomy through distinguishing, limiting, or criticizing higher court precedent. In an earlier study, we demonstrated the reluctance of lower court judges to assert decisional autonomy by invoking the holding–dicta dichotomy. In this Article, we make use of original empirical research to study the level of deference U.S. district court judges exhibit toward higher courts and whether the level of deference has changed over time. Our analysis of citation behavior over an eighty-year period reveals a dramatic ...


Introduction, The Hon. Carlos T. Bea 2017 U.S. Court of Appeals Ninth Circut

Introduction, The Hon. Carlos T. Bea

Golden Gate University Law Review

No abstract provided.


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