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4970 full-text articles. Page 7 of 123.

Combating The Ninth Circuit Judicial Vacancy Crisis, Carl Tobias 2017 University of Richmond School of Law

Combating The Ninth Circuit Judicial Vacancy Crisis, Carl Tobias

Washington and Lee Law Review Online

No abstract provided.


Institutional Corruption In The Supreme Court Of India.Pdf, Shubhankar Dam, Madhav S. Aney, Giovanni Ko 2017 Singapore Management University

Institutional Corruption In The Supreme Court Of India.Pdf, Shubhankar Dam, Madhav S. Aney, Giovanni Ko

Shubhankar Dam

We investigate whether judicial decisions are a#11;ected by career concerns of judges by analysing two questions: Do judges respond to pandering incentives by ruling in favour of the government in the hope of receiving jobs after retiring from the Court? Does the government actually reward judges who ruled in its favour with prestigious jobs? To answer these questions we construct a dataset of all Supreme Court of India cases involving the
government from 1999 till 2014, with an indicator for whether the decision was in its favour or not. We #12;find that pandering incentives have a causal ...


The Missouri Student Transfer Program, Howard E. Fields III 2017 University Missouri - St. Louis

The Missouri Student Transfer Program, Howard E. Fields Iii

Dissertations

In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.

The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close ...


Judicial Reform, John F. Market 2017 St. John's University School of Law

Judicial Reform, John F. Market

The Catholic Lawyer

No abstract provided.


Improving Judicial Administration By Repealing The Requirements For Three-Judge District Courts, Michael J. Mullen 2017 St. John's University School of Law

Improving Judicial Administration By Repealing The Requirements For Three-Judge District Courts, Michael J. Mullen

The Catholic Lawyer

No abstract provided.


Stare Decisis And The Judicial Process, Edward D. Re 2017 St. John's University School of Law

Stare Decisis And The Judicial Process, Edward D. Re

The Catholic Lawyer

No abstract provided.


The Constitution That Couldn’T: Examining The Implicit Imbalance Of Constitutional Power In The Context Of Nominations, And The Need For Its Remedy, James E. Britton 2017 Notre Dame Law School

The Constitution That Couldn’T: Examining The Implicit Imbalance Of Constitutional Power In The Context Of Nominations, And The Need For Its Remedy, James E. Britton

Journal of Legislation

No abstract provided.


Circuit Splits, 2017 Seton Hall University

Circuit Splits

Seton Hall Circuit Review

No abstract provided.


First Impressions, 2017 Seton Hall University

First Impressions

Seton Hall Circuit Review

No abstract provided.


May It Please The Court?: The Perils Of Correcting A Justice's Pronunciation, James J. Duane 2017 Seton Hall University

May It Please The Court?: The Perils Of Correcting A Justice's Pronunciation, James J. Duane

Seton Hall Circuit Review

No abstract provided.


Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan 2017 Roger Williams University School of Law

Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan

Law School Blogs

No abstract provided.


Law And Identifiability, Daphna Lewinsohn-Zamir, Ilana Ritov, Tehila Kogut 2017 Hebrew University of Jerusalem

Law And Identifiability, Daphna Lewinsohn-Zamir, Ilana Ritov, Tehila Kogut

Indiana Law Journal

Psychological studies have shown that people react either more generously or more punitively toward identified individuals than toward unidentified ones. This phenomenon, named the identifiability effect, has received little attention in the legal literature, despite its importance for the law. As a prime example, while legislators typically craft rules that would apply to unidentified people, judges ordinarily deal with identified individuals. The identifiability effect suggests that the outcomes of these two forms of lawmaking may differ, even when they pertain to similar facts and situations.

This Article is a preliminary investigation into the relevance of the identifiability effect for law ...


Benchslaps, Joseph P. Mastrosimone 2017 Washburn University School of Law

Benchslaps, Joseph P. Mastrosimone

Utah Law Review

The practice of judges issuing so-called benchslaps is growing both in popularity and concern. Such published decisions and orders seek to publicly shame lawyers for their alleged unethical or unprofessional lawyering. Legal blogs have picked up on this trend, celebrating and elevating benchslaps to become a part of legal popular culture. However, the practice of using embarrassing and belittling published decisions to punish or to deter unethical or professional conduct raises serious concerns that the issuing judge is violating his or her own ethical duties.

This Article criticizes the practice and concludes that it must end based on three arguments ...


Foreword: The Books Of Justices, Linda Greenhouse 2017 Yale Law School

Foreword: The Books Of Justices, Linda Greenhouse

Michigan Law Review

For this Michigan Law Review issue devoted to recently published books about law, I thought it would be interesting to see what books made an appearance in the past year’s work of the Supreme Court. I catalogued every citation to every book in those forty opinions in order to see what patterns emerged: what books the justices cited, which justices cited which books, and what use they made of the citations. To begin with, I should define what I mean by “books". For the purposes of this Foreword, I excluded some types of reading matter that may have a ...


Justice Scalia And The Idea Of Judicial Restraint, John F. Manning 2017 Harvard Law School

Justice Scalia And The Idea Of Judicial Restraint, John F. Manning

Michigan Law Review

Review of A Matter of Interpretation: Federal Courts and the Law by Antonin Scalia .


The Tragedy Of Justice Scalia, Mitchell N. Berman 2017 University of Pennsylvania Law School

The Tragedy Of Justice Scalia, Mitchell N. Berman

Michigan Law Review

Review of A Matter of Interpretation: Federal Courts and the Law by Antonin Scalia .


The New Front In The Clean Air Wars: Fossil-Fuel Influence Over State Attorneys General- And How It Might Be Checked, Eli Savit 2017 University of Michigan Law School

The New Front In The Clean Air Wars: Fossil-Fuel Influence Over State Attorneys General- And How It Might Be Checked, Eli Savit

Michigan Law Review

Review of Struggling for Air: Power and the "War On Coal" by Richard L. Revesz and Jack Leinke, and Federalism on Trial: State Attorneys General and National Policymaking in Contemporary America by Paul Nolette.


Linnaean Taxonomy And Globalized Law, Ronald J. Krotoszynski Jr. 2017 University of Alabama School of Law

Linnaean Taxonomy And Globalized Law, Ronald J. Krotoszynski Jr.

Michigan Law Review

Review of The Court and the World: American Law and the New Global Realities by Stephen Breyer.


It’S Time For An Intervention!: Resolving The Conflict Between Rule 24(A)(2) And Article Iii Standing, Gregory R. Manring 2017 Fordham University School of Law

It’S Time For An Intervention!: Resolving The Conflict Between Rule 24(A)(2) And Article Iii Standing, Gregory R. Manring

Fordham Law Review

This Note argues that federal courts should employ an approach that is more related to maintaining the benefits of Rule 24 without running afoul of Article III—a task the yes-or-no approach is ill equipped to handle. Ultimately, an approach that is based on employing a standing analysis only where the Case or Controversy Clause is implicated anew allows the greatest access to the intervention device without running the risk of entertaining nonjusticiable disputes.


It’S Time For An Intervention!: Resolving The Conflict Between Rule 24(A)(2) And Article Iii Standing, Gregory R. Manring 2017 Fordham University School of Law

It’S Time For An Intervention!: Resolving The Conflict Between Rule 24(A)(2) And Article Iii Standing, Gregory R. Manring

Fordham Law Review

This Note argues that federal courts should employ an approach that is more related to maintaining the benefits of Rule 24 without running afoul of Article III—a task the yes-or-no approach is ill equipped to handle. Ultimately, an approach that is based on employing a standing analysis only where the Case or Controversy Clause is implicated anew allows the greatest access to the intervention device without running the risk of entertaining nonjusticiable disputes.


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