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

Judges Commons

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

5,149 Full-Text Articles 3,419 Authors 1,424,940 Downloads 143 Institutions

All Articles in Judges

Faceted Search

5,149 full-text articles. Page 7 of 128.

Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed 2018 Georgia State University College of Law

Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed

Georgia State University Law Review

Enhanced damages in patent law are a type of punitive damage that can be awarded in the case of “egregious misconduct” during the course of patent infringement. Authorization for enhanced damages comes from 35 U.S.C. § 284, which allows the district court to increase total damages up to three times the amount of actual damages found by the jury. It is well understood that, since enhanced damages are punitive in nature, enhancement should only be considered for cases of “wanton” or “deliberate” infringement. However, determining what constitutes this “egregious” misconduct has vastly transformed over time to include a negligence ...


Newsroom: A Mentor And A Friend 2-21-2018, Michael M. Bowden 2018 Roger Williams University School of Law

Newsroom: A Mentor And A Friend 2-21-2018, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The Future Of Federal Law Clerk Hiring, Aaron L. Nielson 2018 Selected Works

The Future Of Federal Law Clerk Hiring, Aaron L. Nielson

Aaron L. Nielson

The market for federal law clerks has been upended. Beginning in 2003, the Federal Judges Law Clerk Hiring Plan was implemented to regulate clerkship hiring. According to the Plan, a judge could not interview or hire a potential law clerk before the beginning of the applicant’s third year of law school. The Plan, however, never worked well, constantly got worse, and has now officially collapsed. Across the country, clerkship hiring once again regularly occurs during the second year of law school. This Article addresses the rise and inevitable fall of the Plan. In particular, it submits that the Plan ...


Maine's Overburdened Law Court: Has The Time Come For A Maine Appeals Court?, Peter L. Murray 2018 University of Maine School of Law

Maine's Overburdened Law Court: Has The Time Come For A Maine Appeals Court?, Peter L. Murray

Maine Law Review

For the entire 178 years of Maine's statehood, its Supreme Judicial Court, “sitting as the Law Court,” has served as Maine's appellate court of first and last resort for all appeals from its trial courts of general jurisdiction. Over this time span, and particularly over the last three decades, the growth in number and complexity of civil and criminal appeals has placed the Law Court under an extremely heavy burden of cases. The sheer number of the appeals which the Law Court is expected to consider and decide risks exceeding the capacity of the institution for careful, thorough ...


Creating Mischief: The Tenth Circuit Declares The Sec’S Administrative Law Judges Unconstitutional In Bandimere V. Securities Exchange Commission, Casey M. Olesen 2018 University of Maine School of Law

Creating Mischief: The Tenth Circuit Declares The Sec’S Administrative Law Judges Unconstitutional In Bandimere V. Securities Exchange Commission, Casey M. Olesen

Maine Law Review

Since the passage of the APA, administrative agencies’ use of Administrative Law Judges (ALJs) to preside over hearings has exploded, and now far outpaces the number trials conducted before federal judges. The Securities and Exchange Commission (SEC) is one such agency that heavily utilizes ALJs to conduct their hearings. Recently, following an apparent higher percentage of SEC wins before their own ALJs as compared to before federal judges, a new constitutional challenge on the basis of the Appointments Clause has been brought before several circuits; that the SEC’s ALJs are inferior officers of the SEC, not employees, and therefore ...


Ninth Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Chief Judge Sidney R. Thomas, Golden Gate University School of Law 2018 Golden Gate University School of Law

Ninth Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Chief Judge Sidney R. Thomas, Golden Gate University School Of Law

Ronald M. George Distinguished Lecture Series

Agenda

February 2, 2018

NINTH ANNUAL CHIEF JUSTICE RONALD M. GEORGE DISTINGUISHED LECTURE
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
SAN FRANCISCO, CALIFORNIA

6:00 p.m. WELCOME - Anthony Niedwiecki Dean, Golden Gate University School of Law
LAW REVIEW INTRODUCTION - Jamie Cooperman (JD 18) Editor-in-Chief, Golden Gate University Law Review,
Jessica Bennett (JD 18) Reyes v. Lewis: A Missed Opportunity for Minors and Miranda,
Natalie Lakosil (JD 18) The Flores Settlement: Ripping Families Apart Under the Law,
Kenneth Seligson (JD 18) A Job for Congress: Medical Marijuana Patients' Fight for Second Amendment Rights

6:30p.m. INTRODUCTIONS Kathleen ...


Judicial Responsibility For Justice In Criminal Courts, Lisa Foster 2018 Maurice A. Deane School of Law at Hofstra University

Judicial Responsibility For Justice In Criminal Courts, Lisa Foster

Hofstra Law Review

No abstract provided.


The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown 2018 Maurice A. Deane School of Law at Hofstra University

The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown

Hofstra Law Review

No abstract provided.


Law Library Blog (February 2018): Legal Beagle's Blog Archive, Roger Williams University School of Law 2018 Roger Williams University

Law Library Blog (February 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick 2018 Roger Williams University School of Law

Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus 2018 Cornell Law Library

Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus

Femi Cadmus

No abstract provided.


Horizontal Mergers, Market Structure, And Burdens Of Proof, Herbert J. Hovenkamp, Carl Shapiro 2018 University of Pennsylvania Law School

Horizontal Mergers, Market Structure, And Burdens Of Proof, Herbert J. Hovenkamp, Carl Shapiro

Faculty Scholarship

Since the Supreme Court’s landmark 1963 decision in Philadelphia National Bank, antitrust challengers have mounted prima facie cases against horizontal mergers that rested on the level and increase in market concentration caused by the merger, with proponents of the merger then permitted to rebut by providing evidence that the merger will not have the feared anticompetitive effects. Although the way that concentration is measured and the triggering levels have changed over the last half century, the basic approach has remained intact. This longstanding structural presumption, which is well supported by economic theory and evidence, has been critical to effective ...


President Donald Trump And Federal Bench Diversity, Carl W. Tobias 2018 University of Richmond

President Donald Trump And Federal Bench Diversity, Carl W. Tobias

Law Faculty Publications

President Donald Trump constantly reminds United States citizens about the myriad circuit and district court appointments that his White House is making to the federal judiciary. Last September, Trump proposed the seventh “wave,” which included three people of color among sixteen judicial nominees. This wave permitted the administration to triple the number of ethnic minority picks whom it had selected, which means that the Executive Branch has proffered ten persons of color in appeals court and district court submissions, yet none is a lesbian, gay, bisexual, or transgender (LGBT) individual. Nevertheless, a problematic pattern, which implicates a stunning lack of ...


Patent Pilot Program Perspectives: Patent Litigation In The Northern District Of Illinois, 17 J. Marshall Rev. Intell. Prop. L. 348 (2018), 2018 John Marshall Law School

Patent Pilot Program Perspectives: Patent Litigation In The Northern District Of Illinois, 17 J. Marshall Rev. Intell. Prop. L. 348 (2018)

The John Marshall Review of Intellectual Property Law

A Patent Pilot Program, or PPP, is geared towards giving designated judges in various districts more experience with patent cases. The Volume 17 RIPL Executive Board interviewed several participating judges in the Northern District of Illinois’ PPP.

This note is comprised of interviews with Judge Thomas M. Durkin, Judge Matthew F. Kennelly, and Judge Rebecca R. Pallmeyer of the United States District Court, Northern District of Illinois; taken over the course of May and June of 2017 by the Volume 17 RIPL Board members Kaylee Willis and Benjamin Lockyer. Its contents compile a uniform effort by both the judges interviewed ...


Draft Of A Letter Of Recommendation To The Honorable Alex Kozinski, Which I Guess I'M Not Going To Send Now, Yxta Maya Murray 2018 Loyola Law School

Draft Of A Letter Of Recommendation To The Honorable Alex Kozinski, Which I Guess I'M Not Going To Send Now, Yxta Maya Murray

Michigan Journal of Gender and Law

This legal-literary essay engages the current social and jurisprudential moment, encapsulated by the hashtag #metoo. It focuses on the allegations, made in the first week of December 2017, that Ninth Circuit Court of Appeals Judge Alex Kozinski verbally sexually harassed former law clerks Emily Murphy and Heidi Bond. I wrote the lioness’s share of the piece during December 10–11—that is, in the days before news outlets reported that other women complained of Kozinski touching them on the thigh or breast while propositioning them for sex or discussing recent sexual encounters—and concluded that Kozinski was unlikely to ...


Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel 2018 University of Oklahoma College of Law

Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel

Oklahoma Law Review

No abstract provided.


Cardozo, The Canon And Some Critical Thoughts About Pedagogy, Deborah W. Post 2018 Touro Law Center

Cardozo, The Canon And Some Critical Thoughts About Pedagogy, Deborah W. Post

Touro Law Review

No abstract provided.


Cardozo, Andrew L. Kaufman 2018 Touro College Jacob D. Fuchsberg Law Center

Cardozo, Andrew L. Kaufman

Touro Law Review

No abstract provided.


The Uncertainty Of Sun Printing, George M. Cohen 2018 Touro College Jacob D. Fuchsberg Law Center

The Uncertainty Of Sun Printing, George M. Cohen

Touro Law Review

No abstract provided.


Cardozo’S Freudian Slips, Steven L. Winter 2018 Touro College Jacob D. Fuchsberg Law Center

Cardozo’S Freudian Slips, Steven L. Winter

Touro Law Review

No abstract provided.


Digital Commons powered by bepress