Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Judicial decisionmaking (3)
- Federal judiciary (2)
- AIA (1)
- Administrative decisions (1)
- Agent (1)
-
- Anti-injunction act of 1793 (1)
- Appeals (1)
- Appointment (1)
- Article III (1)
- Chief Justice (1)
- Civil Procedure (1)
- Common law (1)
- Court of appeals (1)
- Criminal Justice Act (1)
- Discrimination (1)
- Diversity (1)
- Diversity Jurisdiction (1)
- Federal district courts (1)
- Federal jurisdiction (1)
- Fee reimbursement (1)
- Ideology (1)
- Independence (1)
- John Jay (1)
- Judge (1)
- Judicial activism (1)
- Judiciary (1)
- Justiciability Doctrines (1)
- Legal realism (1)
- Legalism (1)
- Legalist (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
An Appeal To Common Sense: Why "Unappealable" District Court Decisions Should Be Subject To Appellate Review, Matthew D. Heins
An Appeal To Common Sense: Why "Unappealable" District Court Decisions Should Be Subject To Appellate Review, Matthew D. Heins
Northwestern University Law Review
28 U.S.C. § 1291 vests jurisdiction in the United States Circuit Courts of Appeal to hear “appeals from all final decisions of the district courts of the United States.” Various circuit courts have, however, determined that they may only hear appeals of final “judicial” decisions, and that they do not have jurisdiction to hear appeals from final decisions of United States district courts if those decisions are “administrative.” Circuit courts have been loath to explicitly define the dividing line between the two classes of case, and have frequently invoked the potential availability of mandamus review as a means of placating …
Cases, Controversies, And Diversity, F. Andrew Hessick
Cases, Controversies, And Diversity, F. Andrew Hessick
Northwestern University Law Review
Article III’s diversity jurisdiction provisions extend the federal judicial power to state law controversies between different states or nations and their respective citizens. When exercising diversity jurisdiction, the federal judiciary does not function in its usual role of protecting federal interests or ensuring the uniformity of federal law. Instead, federal courts operate as alternative state courts for resolving disputes between diverse parties. But federal courts often cannot act as alternative state courts because of Article III justiciability doctrines such as standing, ripeness, and mootness. These doctrines define when a federal court may act. But they do not apply to state …
The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley
The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley
Northwestern University Law Review
No abstract provided.
Diversifying The Federal Bench: Is Universal Legitimacy For The U.S. Justice System Possible?, Nancy Scherer
Diversifying The Federal Bench: Is Universal Legitimacy For The U.S. Justice System Possible?, Nancy Scherer
Northwestern University Law Review
No abstract provided.
Realism About Judges, Richard A. Posner
Realism About Judges, Richard A. Posner
Northwestern University Law Review
No abstract provided.
Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline T. Kim
Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline T. Kim
Northwestern University Law Review
No abstract provided.
The Chief Justice, The Appointment Of Inferior Officers, And The "Court Of Law" Requirement, James E. Pfander
The Chief Justice, The Appointment Of Inferior Officers, And The "Court Of Law" Requirement, James E. Pfander
Northwestern University Law Review
In addition to his judicial duties, the Chief Justice presides over a sprawling judicial bureaucracy. Each year, the Chief fills positions within that bureaucracy, designating Article III judges to various specialty courts and appointing such officers as the director of the Administrative Office of the U.S. Courts. Although critics worry that the Chief may use his appointment role to shape Third Branch policy unduly, scholars view the role as constitutionally benign. This Article questions the Chief’s role. The Constitution authorizes Congress to vest the appointment of inferior officers in the “courts of law” but not the Chief Justice. History teaches …
A Typology Of Judging Styles, Corey Rayburn Yung
A Typology Of Judging Styles, Corey Rayburn Yung
Northwestern University Law Review
This Article calls into question the fundamental premises of models of judicial decisionmaking utilized by legal and political science scholars. In the place of the predominant theories, I offer a new approach to understanding judicial behavior which recognizes judicial heterogeneity, multidimensional behavior, and interconnectedness among judges at different levels within the judiciary. The study utilizes a unique dataset of over 30,000 judicial votes from eleven courts of appeals in 2008, yielding statistically independent measures for judicial activism, ideology, independence, and partisanship. Based upon those four metrics, statistical cluster analysis is used to identify nine statistically distinct judging styles: Trailblazing, Consensus …
Morris V. Allen And The Lost History Of The Anti-Injunction Act Of 1793, James E. Pfander, Nassim Nazemi
Morris V. Allen And The Lost History Of The Anti-Injunction Act Of 1793, James E. Pfander, Nassim Nazemi
Northwestern University Law Review
No abstract provided.