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6,561 full-text articles. Page 7 of 167.

Signed Opinions, Concurrences, Dissents, And Vote Counts In The U.S. Supreme Court: Boon Or Bane? (A Response To Professors Penrose And Sherry), Joan Steinman 2020 The University of Akron

Signed Opinions, Concurrences, Dissents, And Vote Counts In The U.S. Supreme Court: Boon Or Bane? (A Response To Professors Penrose And Sherry), Joan Steinman

Akron Law Review

Some commentators recently have argued for changes in how United States Supreme Court Justices communicate with everyone except perhaps other Justices of the Supreme Court and the Justices' assistants. Specifically, some commentators have urged that signed opinions and separate opinions, such as concurrences and dissents, stop being published in the official reports. One commentator also has advocated non‑publication of the vote count in Supreme Court decisions. Another has demanded unanimity, as required by due process.

In this piece, I offer my thoughts in response to these proposals.

I argue several reasons to doubt that a prohibition on publication of ...


Fixing The Broken System Of Assessing Criminal Appeals For Frivolousness, Andrew S. Pollis 2020 The University of Akron

Fixing The Broken System Of Assessing Criminal Appeals For Frivolousness, Andrew S. Pollis

Akron Law Review

This article seeks to end fifty years of confusion over how to proceed when a criminal defendant wants to appeal but appointed counsel sees no basis for doing so.

Practices vary among jurisdictions, but most require counsel to explain the predicament to the court—often at a level of detail that compromises the duty of loyalty to the client. Most also require the court to double-check counsel’s conclusion by conducting its own independent review of the record, thus burdening judges and blurring the important line between judge and advocate. And at no point in this process does the defendant ...


(What We Talk About When We Talk About) Judicial Temperament, Terry A. Maroney 2020 Vanderbilt University

(What We Talk About When We Talk About) Judicial Temperament, Terry A. Maroney

Boston College Law Review

Judicial temperament is simultaneously the thing we think all judges must have and the thing that no one can quite put a finger on. Extant accounts are scattered and thin, and either present a laundry list of desirable judicial qualities without articulating what (if anything) unifies the list or treat temperament as a fundamentally mysterious quality that a judge either does or does not have. Resting so much—selection, evaluation, discipline, even removal—on such an indeterminate concept is intellectually and practically intolerable. Polarized debates over Justice Kavanaugh’s fitness to sit on the Supreme Court made clear just how ...


Virtual Pretrial Jurisdiction For Virtual Contacts, Max D. Lovrin 2020 Brooklyn Law School

Virtual Pretrial Jurisdiction For Virtual Contacts, Max D. Lovrin

Brooklyn Law Review

Personal jurisdiction is a threshold requirement for any civil court’s constitutional exercise of adjudicative authority over a defendant, and one of civil procedure’s most fundamental concepts. The Supreme Court is acutely aware of difficulties facing personal jurisdiction doctrine in an evolving world and the need for jurisprudential solutions to those problems. But recent inconsistent trends in Supreme Court personal jurisdiction jurisprudence have served to further complicate the doctrine. Such overcomplication often leads to unpredictability, which both increases expenses for litigants and creates additional work for the already overburdened federal civil docket. This problem is exacerbated when litigation arises ...


Civil Military Relations Panel, Joshua E. Kastenberg 2020 University of New Mexico - School of Law

Civil Military Relations Panel, Joshua E. Kastenberg

Faculty Scholarship

In the first week of this month, the nation was surprised to learn that retired general officers (generals and admirals) including James Mattis, Colin Powell, Michael Glenn Mullen, and William McRaven (to name a few) spoke out against President Donald Trump’s response to demonstrations across the United States. President Trump threatened to unilaterally invoke the 1807 Insurrection Act and federalize the National Guard as well as use the active duty Armed Forces of the United States as a “super police force.”

The conduct of the retired generals is not without detractors. The Constitution was constructed with the idea that ...


A Survivor's Perspective: Federal Judicial Selection From George Bush To Donald Trump, Leslie H. Southwick 2020 Judge, United States Court of Appeals for the Fifth Circuit

A Survivor's Perspective: Federal Judicial Selection From George Bush To Donald Trump, Leslie H. Southwick

Notre Dame Law Review

Over recent decades, federal judicial selection controversies are worsening in their frequency and intensity. They distort all three branches of government. My particular concern is with federal judicial selection for judgeships below the Olympian heights of those on the United States Supreme Court, namely, the judges on the twelve regional circuit courts of appeals and the ninety-four district courts.

The depth of partisan acrimony over judicial confirmations has placed us in the infernal regions, and we seem to be continuing our descent. Analyzing how we got there is invariably affected by the biases, or more gently, by the perspectives of ...


Civil Procedure Update 2020: New Mexico Annual Judicial Conclave, Verónica C. Gonzales-Zamora, George Bach 2020 University of New Mexico - School of Law

Civil Procedure Update 2020: New Mexico Annual Judicial Conclave, Verónica C. Gonzales-Zamora, George Bach

Faculty Scholarship

These materials are part of a presentation on civil procedure given to magistrate, district, appellate, and tribal court judges, justices, and staff attorneys in New Mexico courts. These materials include the language of approved and proposed amendments to the state and federal rules of civil procedure as well as summaries of relevant appellate cases issued by the New Mexico Supreme Court and Court of Appeals, the Supreme Court of the United States, and the Supreme Court of the Navajo Nation between May 1, 2019 to May 1, 2020.

  • Amendments to the New Mexico Rules of Civil Procedure include NMRA Rule ...


Can You Ever Break The Chain: A Conceptual Framework For Factual Innocence Under Minnesota's Imprisonment And Exoneration Remedies Act, Zachary J. Freese 2020 University of St. Thomas, Minnesota

Can You Ever Break The Chain: A Conceptual Framework For Factual Innocence Under Minnesota's Imprisonment And Exoneration Remedies Act, Zachary J. Freese

University of St. Thomas Law Journal

No abstract provided.


The Future Of Presidential Clemency Decision-Making, Paul J. Larkin, Jr. 2020 University of St. Thomas, Minnesota

The Future Of Presidential Clemency Decision-Making, Paul J. Larkin, Jr.

University of St. Thomas Law Journal

No abstract provided.


Clemency, Pardons, And Reform: When People Released Return To Prison, Jessica Jackson 2020 University of St. Thomas, Minnesota

Clemency, Pardons, And Reform: When People Released Return To Prison, Jessica Jackson

University of St. Thomas Law Journal

No abstract provided.


Clemency Must Play A Pivotal Role In Reversing The Damage Caused By The "Tough On Crime Era", Mark V. Holden 2020 University of St. Thomas, Minnesota

Clemency Must Play A Pivotal Role In Reversing The Damage Caused By The "Tough On Crime Era", Mark V. Holden

University of St. Thomas Law Journal

No abstract provided.


Who Is My Brother’S Keeper?, Rudy Martinez 2020 University of St. Thomas, Minnesota

Who Is My Brother’S Keeper?, Rudy Martinez

University of St. Thomas Law Journal

No abstract provided.


Memo To The President: Two Steps To Fix The Clemency Crisis, Mark Osler 2020 University of St. Thomas

Memo To The President: Two Steps To Fix The Clemency Crisis, Mark Osler

University of St. Thomas Law Journal

No abstract provided.


The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, Lorenzo Zoppellari 2020 University of Trento

The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, Lorenzo Zoppellari

OSSA Conference Archive

The Frye and Daubert rulings give us two very different ways to intend the relation between law and science. Through the contributions of Wellman and Walton, we will see how the main method to question the expert’s testimony before a judge deferent to science is to question her personal integrity by using ad hominem arguments. Otherwise, using Alvin Goldman’s novice/expert problem, we will investigate if other manners of argumentative cross-examinations are possible.


Rewriting Judicial Recusal Rules With Big Data, Raymond J. McKoski 2020 UIC John Marshall Law School

Rewriting Judicial Recusal Rules With Big Data, Raymond J. Mckoski

Utah Law Review

Big data affects the personal and professional life of every judge. A judge’s travel time to work, creditworthiness, and chances of an IRS audit all depend on predictive algorithms interpreting big data. A client’s choice of counsel, the precise wording of a litigant’s motion, and the composition of the jury may be dictated by analytics. Touted as a means of bringing objectivity to judicial decision-making, judges have employed big data to determine sentences and to set the amount of restitution in class action cases. Unfortunately, the legal profession and big data proponents have ignored one perplexing problem ...


What Probate Courts Cite: Lessons From The New York County Surrogate’S Court 2017-2018, Bridget J. Crawford 2020 Elisabeth Haub School of Law at Pace University

What Probate Courts Cite: Lessons From The New York County Surrogate’S Court 2017-2018, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

By knowing what a judge cites, one may better understand what the judge believes is important, how the judge understands her work will be used, and how the judge conceives of the judicial role. Empirical scholars have devoted serious attention to the citation practices and patterns of the Supreme Court of the United States, the United States Courts of Appeals, and multiple state supreme courts. Remarkably little is known about what probate courts cite. This Article makes three principal claims — one empirical, one interpretative, and one normative. This Article demonstrates through data, derived from a study of all decrees and ...


The Balance Of Safety And Religious Freedom: Allowing Sikhs The Right To Practice Their Religion And Access Courthouses, Karamvir Dhaliwal 2020 Seattle University School of Law

The Balance Of Safety And Religious Freedom: Allowing Sikhs The Right To Practice Their Religion And Access Courthouses, Karamvir Dhaliwal

Seattle Journal for Social Justice

No abstract provided.


Table Of Contents And Masthead, Lauren Jacobs 2020 Pepperdine University

Table Of Contents And Masthead, Lauren Jacobs

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Federal Sentencing: A Judge’S Personal Sentencing Journey Told Through The Voices Of Offenders He Sentenced, Mark W. Bennett 2020 Drake University Law School

Federal Sentencing: A Judge’S Personal Sentencing Journey Told Through The Voices Of Offenders He Sentenced, Mark W. Bennett

Washington and Lee Journal of Civil Rights and Social Justice

Federal sentencing is a tragic mess. Thirty years of conflicting legislative experiments began with high hopes but resulted in mass incarceration. Federal sentences, especially in drug cases, are all too often bone-crushingly severe.

In this Article, the Honorable Mark Bennett, a retired federal judge, shares about his journey with federal sentencing and his strong disagreement with the U.S. Sentencing Guidelines by telling the stories of some of the 400 men and women he sentenced during his twenty-five years as a federal judge.


Securities Exchange Act Section 4e(A): Toothless "Internal-Timing Directive" Or Statute Of Limitation?, Richard E. Brodsky 2020 William & Mary Law School

Securities Exchange Act Section 4e(A): Toothless "Internal-Timing Directive" Or Statute Of Limitation?, Richard E. Brodsky

William & Mary Business Law Review

The Securities and Exchange Commission has a problem, and everyone knows it: its investigative process suffers from excessive delay, which harms both individuals and entity it investigates and its own enforcement program. This problem has long been recognized and complained about, but never remedied.

In 2010, Congress passed a law specifically designed to solve the problem of excessive delay but, the way the SEC has read the law—which has been acquiesced in by the courts and ignored by subsequent Congresses—has rendered it toothless and essentially meaningless. This has been accomplished, first, by the Commission’s cabined interpretation of ...


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