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

Judges Commons

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

7,158 Full-Text Articles 4,779 Authors 3,468,258 Downloads 181 Institutions

All Articles in Judges

Faceted Search

7,158 full-text articles. Page 7 of 195.

Law School News: Meet The Rbg Essay Contest Winners! 03-22-2022, Michael M. Bowden 2022 Roger Williams University School of Law

Law School News: Meet The Rbg Essay Contest Winners! 03-22-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The Third Annual Women In Law Leadership Lecture: A Fireside Chat Featuring Amy Barasch, Esq., Roger Williams University School of Law 2022 Roger Williams University

The Third Annual Women In Law Leadership Lecture: A Fireside Chat Featuring Amy Barasch, Esq., Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Rebuilding The Federal Circuit Courts, Merritt E. McAlister 2022 Northwestern Pritzker School of Law

Rebuilding The Federal Circuit Courts, Merritt E. Mcalister

Northwestern University Law Review

The conversation about Supreme Court reform—as important as it is—has obscured another, equally important conversation: the need for lower federal court reform. The U.S. Courts of Appeals have not seen their ranks grow in over three decades. Even then, those additions were stopgap measures built on an appellate triage system that had outsourced much of its work to nonjudicial decision-makers (central judicial staff and law clerks). Those changes born of necessity have now become core features of the federal appellate system, which distributes judicial resources—including oral argument and judicial scrutiny—to a select few. This Article begins to reimagine the courts …


Table Of Contents, 2022 University of Richmond

Table Of Contents

University of Richmond Law Review

No abstract provided.


The Supreme Court’S Chief Justice Of Intellectual Property Law, Robert W. Gomulkiewicz 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Supreme Court’S Chief Justice Of Intellectual Property Law, Robert W. Gomulkiewicz

Nevada Law Journal

No abstract provided.


Ruth Bader Ginsburg’S Copyright Jurisprudence, Ryan Vacca, Ann Bartow 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

Ruth Bader Ginsburg’S Copyright Jurisprudence, Ryan Vacca, Ann Bartow

Nevada Law Journal

No abstract provided.


Endogenous And Dangerous, Brian N. Larson 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

Endogenous And Dangerous, Brian N. Larson

Nevada Law Journal

No abstract provided.


State Spoliation Claims In Federal District Courts, Jeffrey A. Parness 2022 Northern Illinois University College of Law

State Spoliation Claims In Federal District Courts, Jeffrey A. Parness

Catholic University Law Review

The increasing amounts of electronically stored information (ESI) relevant to civil litigation, and the ease of their loss, caused federal lawmakers explicitly to address the possible consequences of certain pre-suit or post-suit ESI losses. These lawmakers acted in both 2006 and 2015 through Federal Civil Procedure (FRCP) 37(e). But they acted only on certain ESI. Their actions have prompted increasing attention to the significant risks of pre-suit and post-suit losses of all ESI, and of non-ESI, otherwise discoverable in civil actions. In addition, their actions have spurred increasing attention to the availability of substantive law claims involving spoliation of information …


The Future Of Wastewater Monitoring For The Public Health, Natalie Ram, Lance Gable, Jeffrey L. Ram 2022 University of Maryland Carey School of Law

The Future Of Wastewater Monitoring For The Public Health, Natalie Ram, Lance Gable, Jeffrey L. Ram

University of Richmond Law Review

This Article thus expands the extant literature by considering the legal and ethical dimensions of wastewater surveillance more thoroughly and more broadly. It arrives at an auspicious time, as the United States moves into a vaccine-mediated phase in which COVID-19 is less likely to give rise to broad stay-at-home orders and more likely to trigger narrower, more targeted interventions. It seeks to offer guidance for the legal and ethical use of wastewater surveillance along two dimensions. The first dimension considers the circumstances under which wastewater monitoring should be deployed for detecting and responding to COVID-19 specifically. The second dimension zooms …


Law Library Blog (March 2022): Legal Beagle's Blog Archive, Roger Williams University School of Law 2022 Roger Williams University

Law Library Blog (March 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Endogenous And Dangerous, Brian N. Larson 2022 Texas A&M University School of Law

Endogenous And Dangerous, Brian N. Larson

Faculty Scholarship

Empirical studies show that courts frequently cite cases that the parties did not cite during briefing and oral arguments—endogenous cases. This Article shows the cognitive and rational dangers of endogenous cases and presents an empirical study of their use. I contend that judges should avoid using endogenous cases in their reasoning and opinions. This Article’s first significant contribution is to provide the first exhaustive treatment in the American legal literature of the rational bases upon which defeasible legal deductions and legal analogies may be built and the critical questions or defeaters that can weaken or bring them down. As far …


Acknowledgments, Ren Warden 2022 University of Richmond School of Law

Acknowledgments, Ren Warden

University of Richmond Law Review

No abstract provided.


Unmet Legal Needs As Health Injustice, Yael Cannon 2022 Georgetown University Law Center

Unmet Legal Needs As Health Injustice, Yael Cannon

University of Richmond Law Review

In Part I, this Article examines the health justice framework through which laws are understood as determinants of health equity. In Part II, this Article argues that when unaddressed for low-income individuals, legal needs serve as social determinants of health. Applying the health justice framework, the Article examines the major domains of social determinants of health (“SDOH”) and identifies areas of law for which unmet legal needs contribute to poor health and health inequity. Specifically, it analyzes how the five major domains of SDOH of the Healthy People 2030 paradigm of the U.S. Department of Health and Human Services (“HHS”) …


Trustworthy Digital Contact Tracing, Emily Berman, Leah R. Fowler, Jessica L. Roberts 2022 University of Houston Law Center

Trustworthy Digital Contact Tracing, Emily Berman, Leah R. Fowler, Jessica L. Roberts

University of Richmond Law Review

This Article takes a closer look at digital contact tracing in the United States during the coronavirus pandemic and why it failed. It begins by explaining the shortcomings of traditional analog methods and the resulting need for digital contact tracing. It then turns to the norms regarding consent, the scope of the data collected, and the limits on subsequent use necessary for cooperative surveillance. We argue that any successful digital contact-tracing program must incorporate these elements. Yet while necessary, those strategies alone may not be sufficient. People justifiably lack trust in public health authorities, in new technologies, and in the …


Imagining A Better Public Health (Law) Response To Covid-19, Evan Anderson, Scott Burris 2022 University of Pennsylvania

Imagining A Better Public Health (Law) Response To Covid-19, Evan Anderson, Scott Burris

University of Richmond Law Review

This Article is not a thorough-going history of the pandemic response. By way of critique and suggesting a way forward for public health, we are going to imagine how public health—both the official agencies and the interconnected nodes in academia and health systems—might have approached COVID-19 differently. This is a story that focuses on good judgment as the lynchpin of optimal pandemic response and allows us to think about where good judgment seems to have been lacking, and how public health culture and institutions might change to improve the chances of better judgment next time.


Reforming Age Cutoffs, Govind Persad 2022 University of Denver Sturm College of Law

Reforming Age Cutoffs, Govind Persad

University of Richmond Law Review

This Article examines the use of minimum age cutoffs to define eligibility for social insurance, public benefits, and other governmental programs. These cutoffs are frequently used but rarely examined in detail. In Part I, I examine and catalogue policies that employ minimum age cutoffs. These include not only Medicare and Social Security but also other policies such as access to pensions and retirement benefits, eligibility for favorable tax treatment, and eligibility for discounts on governmentally provided goods and services. In Part II, I examine different rationales underlying eligibility and discuss the imperfect fit between these rationales and the use of …


Expanding Medicaid In The Postpartum Period, Madison P. Harrell 2022 University of Richmond School of Law

Expanding Medicaid In The Postpartum Period, Madison P. Harrell

University of Richmond Law Review

This Comment will discuss how the current Medicaid law is insufficient to address the issue of disappointing maternal health outcomes in the United States and how the federal government should begin to remedy the problem. First, I will shed light on the maternal health crisis in the United States, before discussing the history of pregnancy and postpartum Medicaid coverage. Then, I will outline the enactment of the Affordable Care Act, the subsequent court battle over its constitutionality, and the effects of that decision on the current landscape of pregnancy and postpartum Medicaid coverage. Finally, I will detail my proposal for …


Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0 2022 University of Washington School of Law

Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0

Washington Law Review

RACE & WASHINGTON’S CRIMINAL JUSTICE SYSTEM:

EDITOR’S NOTE

As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade later, we are honored to join once again to present the findings of Task Force 2.0. Law journals have enabled generations of legal professionals to introduce, vet, and distribute new ideas, critiques of existing legal structures, and reflections …


The Dignitary Confrontation Clause, Erin Sheley 2022 University of Washington School of Law

The Dignitary Confrontation Clause, Erin Sheley

Washington Law Review

For seventeen years, the Supreme Court’s Confrontation Clause jurisprudence has been confused and confusing. In Crawford v. Washington (2004), the Court overruled prior precedent and held that “testimonial” out-of-court statements could not be admitted at trial unless the defendant had an opportunity to cross-examine the declarant, even when the statement would be otherwise admissible as particularly reliable under an exception to the rule against hearsay. In a series of contradictory opinions over the next several years, the Court proceeded to expand and then seemingly roll back this holding, leading to widespread chaos in common types of cases, particularly those involving …


Law Dean’S Letter Urges Confirmation Of Biden’S Historic Scotus Pick, Ketanji Brown Jackson, Angela Onwuachi-Willig 2022 Boston University School of Law

Law Dean’S Letter Urges Confirmation Of Biden’S Historic Scotus Pick, Ketanji Brown Jackson, Angela Onwuachi-Willig

Shorter Faculty Works

In a letter citing Black women’s underrepresentation on the federal bench, Angela Onwuachi-Willig, dean of the BU School of Law, and more than 200 other Black women law deans and professors urged the US Senate on Friday to confirm President Joe Biden’s nominee, Ketanji Brown Jackson, to the nation’s highest court “swiftly and with bipartisan support.”


Digital Commons powered by bepress