Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- United States/Supreme Court (12)
- Courts/United States (10)
- United States/Court of Appeals (4th Circuit) (10)
- 1891-1974 (9)
- Earl Warren (9)
-
- Judicial review (8)
- Unpublished opinions (8)
- Civil rights (7)
- Judges (7)
- Appellate courts (5)
- Courts (5)
- Federal courts (5)
- Legal citations (4)
- Administration of justice (3)
- COVID-19 (3)
- Legal publishing (3)
- Separation of powers (3)
- Sixth Amendment (3)
- ADR (2)
- Administration of criminal justice (2)
- Appellate procedure (2)
- Appointment (2)
- Civil rights/Constitutional history (2)
- Confirmation (2)
- Congress (2)
- Constitutional interpretation (2)
- Coronavirus (2)
- Court congestion (2)
- Court rules (2)
- Courtroom (2)
- Publication Year
Articles 31 - 60 of 141
Full-Text Articles in Law
The Supreme Court's Limited Public Forum, Sonja R. West
The Supreme Court's Limited Public Forum, Sonja R. West
Washington and Lee Law Review Online
When discussing the issue of transparency at the United States Supreme Court, most commentators focus on the line between public and private. Yet, transparency is not always such a black-or-white issue. There are, in fact, a surprising number of significant Court moments that occur neither wholly in public nor completely in private. Through policies that obstruct access by the general public and exploit real-world limitations on the press and practitioners, the justices have crafted a grey area in which they can be “public,” yet only to select audiences. The effect is that few outside the courtroom ever learn about these …
Confirm Judge Koh For The Ninth Circuit, Carl Tobias
Confirm Judge Koh For The Ninth Circuit, Carl Tobias
Washington and Lee Law Review Online
On February 25, 2016, President Barack Obama appointed United States District Court Judge Lucy Haeran Koh for a judicial emergency vacancy on the United States Court of Appeals for the Ninth Circuit. The jurist has served professionally for more than six years in the United States District Court for the Northern District of California, ably resolving major litigation. Thus, White House efforts to confirm her were unsurprising. Nevertheless, 2016 is a presidential election year when delay infuses many court appointments. That conundrum was exacerbated because the United States Senate Republican majority refused to even consider United States Court of Appeals …
United States Courts And Imperialism, David H. Moore
United States Courts And Imperialism, David H. Moore
Washington and Lee Law Review Online
When U.S. Courts adjudicate transnational matters, they risk two forms of judicial imperialism. The first—unilateral imperialism—involves adjudication by a single state at the expense of multilateral forms of resolution or global governance. The second—sovereigntist imperialism—threatens the sovereignty of other states who might wish to resolve the controversy themselves. The risk of imperialism may lead U.S. courts to hesitate to adjudicate transnational claims. In Foreign Governments as Plaintiffs in U.S. Courts and the Case Against “Judicial Imperialism,” Professor Hannah Buxbaum highlights that in addition to facing involuntary adjudication in U.S. courts, foreign states voluntarily sue in U.S. courts as well. The …
The Role Of The Courts In Time Of War, William C. Banks
The Role Of The Courts In Time Of War, William C. Banks
Washington and Lee Law Review Online
The role of the courts in judging the actions of government in wartime has ranged from extreme deference to careful probing of alleged government excesses over more than two centuries. The courts’ record has reflected the nature of the armed conflicts the United States has engaged in and the legal bases for the actions at issue. In the aggregate, the courts have served as a necessary counterweight to government overreaching in times of national security crisis. It is easy to underestimate the institutional problems confronting judges who are asked to make momentous decisions in times of national crisis—difficulties of fact-finding …
U.S. Judicial Independence: Victim In The “War On Terror” , Wayne Mccormack
U.S. Judicial Independence: Victim In The “War On Terror” , Wayne Mccormack
Washington and Lee Law Review
No abstract provided.
Congress, The Constitution, And Supreme Court Recusal, Louis J. Virelli Iii
Congress, The Constitution, And Supreme Court Recusal, Louis J. Virelli Iii
Washington and Lee Law Review
Recusal is one of the most hotly contested issues facing the Supreme Court. From the wide-ranging debate over Supreme Court recusal, however, a singular theme has emerged: Congress must do more to protect the integrity and legitimacy of the Court by regulating the Justices’ recusal practices. Herein lies the problem. Rather than solve the puzzle of Supreme Court recusal, direct congressional regulation has created an impasse between Congress and the Court that has consequences for the reputation, efficacy, and legitimacy of both Branches. In a precursor to this Article, I recast the issue of Supreme Court recusal as a constitutional …
W(H)Ither The Jury? The Diminishing Role Of The Jury Trial In Our Legal System, Jennifer Walker Elrod
W(H)Ither The Jury? The Diminishing Role Of The Jury Trial In Our Legal System, Jennifer Walker Elrod
Washington and Lee Law Review
No abstract provided.
The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio
The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio
Washington and Lee Law Review
No abstract provided.
The Judgment-Proof Society, Stephen G. Gilles
The Judgment-Proof Society, Stephen G. Gilles
Washington and Lee Law Review
No abstract provided.
Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein
Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein
Washington and Lee Law Review
No abstract provided.
Publishing Dissent, Arthur J. Jacobson
Publishing Dissent, Arthur J. Jacobson
Washington and Lee Law Review
No abstract provided.
Much Ado About The Tip Of An Iceberg, William M. Richman
Much Ado About The Tip Of An Iceberg, William M. Richman
Washington and Lee Law Review
No abstract provided.
Duck Duck Recuse? Foreign Common Law Guidance & Improving Recusal Of Supreme Court Justices, R. Matthew Pearson
Duck Duck Recuse? Foreign Common Law Guidance & Improving Recusal Of Supreme Court Justices, R. Matthew Pearson
Washington and Lee Law Review
No abstract provided.
Fourth Circuit Publication Practices, Carl Tobias
Fourth Circuit Publication Practices, Carl Tobias
Washington and Lee Law Review
No abstract provided.
Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens
Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens
Washington and Lee Law Review
No abstract provided.
Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz
Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz
Washington and Lee Law Review
No abstract provided.
Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether
Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether
Washington and Lee Law Review
No abstract provided.
Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill
Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill
Washington and Lee Law Review
No abstract provided.
The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett
The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett
Washington and Lee Law Review
No abstract provided.
Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati
Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati
Washington and Lee Law Review
No abstract provided.
Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy
Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy
Washington and Lee Law Review
No abstract provided.
A Subversive Strand Of The Warren Court, Gary Peller
A Subversive Strand Of The Warren Court, Gary Peller
Washington and Lee Law Review
No abstract provided.
How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright
How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright
Washington and Lee Law Review
No abstract provided.
Intersection And Divergence: Some Reflections On The Warren Court, Civil Rights, And The First Amendment, Lillian R. Bevier
Intersection And Divergence: Some Reflections On The Warren Court, Civil Rights, And The First Amendment, Lillian R. Bevier
Washington and Lee Law Review
No abstract provided.
Causation, Constitutional Principles, And The Jurisprudential Legacy Of The Warren Court, Michelle Adams
Causation, Constitutional Principles, And The Jurisprudential Legacy Of The Warren Court, Michelle Adams
Washington and Lee Law Review
No abstract provided.
The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown
The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown
Washington and Lee Law Review
No abstract provided.
A Remembrance Of Things Past?: Reflections On The Warren Court And The Struggle For Civil Rights, Ronald J. Krotoszynski, Jr.
A Remembrance Of Things Past?: Reflections On The Warren Court And The Struggle For Civil Rights, Ronald J. Krotoszynski, Jr.
Washington and Lee Law Review
No abstract provided.
Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman
Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman
Washington and Lee Law Review
No abstract provided.
The Law And Culture-Shift: Race And The Warren Court Legacy, John O. Calmore
The Law And Culture-Shift: Race And The Warren Court Legacy, John O. Calmore
Washington and Lee Law Review
No abstract provided.
Come Back To The Nickel And Five:* Tracing The Warren Court's Pursuit Of Equal Justice Under Law, Jim Chen
Come Back To The Nickel And Five:* Tracing The Warren Court's Pursuit Of Equal Justice Under Law, Jim Chen
Washington and Lee Law Review
No abstract provided.