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Articles 1 - 24 of 24
Full-Text Articles in Law
Sentencing In An Era Of Plea Bargains, Jeffrey Bellin, Jenia I. Turner
Sentencing In An Era Of Plea Bargains, Jeffrey Bellin, Jenia I. Turner
Faculty Publications
The literature offers inconsistent answers to a question that is foundational to criminal law: Who imposes sentences? Traditional narratives place sentencing responsibility in the hands of the judge. Yet, in a country where 95% of criminal convictions come from guilty pleas (not trials), modern American scholars center prosecutors—who control plea terms—as the deciders of punishment. This Article highlights and seeks to resolve the tension between these conflicting narratives by charting the pathways by which sentences are determined in a system dominated by plea bargains.
After reviewing the empirical literature on sentence variation, examining state and federal plea-bargaining rules and doctrines, …
To Write Or Not To Write: The Ethics Of Judicial Writings And Publishing, Nick Badgerow, Michael Hoeflich, Sarah Schmitz
To Write Or Not To Write: The Ethics Of Judicial Writings And Publishing, Nick Badgerow, Michael Hoeflich, Sarah Schmitz
St. Mary's Journal on Legal Malpractice & Ethics
Judges are bound by the Model Code of Judicial Conduct promulgated by the American Bar Association and adopted most states, including the federal judiciary. Within these rules governing judicial conduct, Judges owe duties to the public and to their calling, to be (and appear to be) objective, fair, judicious, and independent. When judges venture into the realm of extrajudicial writing—in the form of fiction novels, short stories, legal books, children’s books, and the like—they must consider the ethical bounds of that expression. The Model Code of Judicial Conduct imposes five main constraints upon extrajudicial writings: (a) a judge may not …
2023 Women In Robes, Roger Williams University School Of Law
2023 Women In Robes, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Disparities On Judicial Conduct Commissions, Nino C. Monea
Disparities On Judicial Conduct Commissions, Nino C. Monea
Marquette Law Review
Every state has a judicial conduct commission responsible for investigating complaints against judges and issuing sanctions where appropriate. But the judicial disciplinary system needs fixing. This Article examines 466 cases of public discipline from five states to illustrate the shortcomings of the present system. The status quo hides judicial misconduct from the public, fails to punish judges who abuse their office, and gives judges greater protections than criminal defendants, even when the stakes are lower.
Texans Shortlisted For The U.S. Supreme Court: Why Did Lightning Only Strike Once?, The Honorable John G. Browning
Texans Shortlisted For The U.S. Supreme Court: Why Did Lightning Only Strike Once?, The Honorable John G. Browning
St. Mary's Law Journal
No abstract provided.
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court, Gregory C. Sisk, Michael Heise
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court, Gregory C. Sisk, Michael Heise
St. John's Law Review
In this third iteration of our ongoing empirical examination of religious liberty decisions in the lower federal courts, we studied all digested Establishment Clause decisions by federal circuit and district court judges from 2006 through 2015. The first clause of the First Amendment to the United States Constitution directs that “Congress shall make no law respecting an establishment of religion.” That provision has generated decades of controversy regarding the appropriate role of religion in public life.
Holding key variables constant, we found that Catholic judges approved Establishment Clause claims at a 29.6% rate, compared with a 41.5% rate before non-Catholic …
Promoting Women’S Advancement In The Judiciary In The Midst Of Backlash: A Comparative Analysis Of Representation And Jurisprudence In Key Domestic And International Fora, Shruti Rana
Dickinson Law Review (2017-Present)
Women’s advancement in the judiciary of the United States has been slow and uneven, and has long lagged behind other nations. Parity in representation remains distant, and the gains to date vulnerable to changes in administrations and fluctuating levels of state commitment to gender equality, with the recent global backlash to gender equality and international norms and institutions providing a critical example of this fragility. In this light, this Article argues that gender parity in the judiciary should not be viewed as merely a laudable goal. Rather, representation and parity should be viewed as fundamental state legal obligations under international …
19th Annual Diversity Symposium Dinner 2023, Roger Williams University School Of Law
19th Annual Diversity Symposium Dinner 2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
2023 Hines Jurist In Residence Lecture: "Leadership In The 21st Century And Beyond: Where Are The Lawyers?", Verda Colvin
2023 Hines Jurist In Residence Lecture: "Leadership In The 21st Century And Beyond: Where Are The Lawyers?", Verda Colvin
Edenfield & Hines Jurists in Residence
The Hines Jurist in Residence Lecture was delivered by Georgia Supreme Court Justice Verda Colvin (J.D.'90). Her talk was titled "Leadership in the 21st Century and Beyond: Where are the lawyers?" As a School of Law graduate herself, Justice Colvin challenged our community to think nationally and globally about our place in our world as lawyers and our obligation to the greater good.
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …
Alito Versus Roe V. Wade: Dobbs As A Means Of Circumvention, Avoidance, Attenuation And Betrayal Of The Constitution, Antony Hilton
Alito Versus Roe V. Wade: Dobbs As A Means Of Circumvention, Avoidance, Attenuation And Betrayal Of The Constitution, Antony Hilton
American University Journal of Gender, Social Policy & the Law
There can be no argument that Justice Alito is a learned justice of great knowledge and reason, and has a superb grasp of the law. As such, despite any opposition to or disagreement with his legal opinions, he is deserving of respect for his intellectual prowess, in general and as it relates to the Constitution. Notwithstanding all the aforementioned, wrong is wrong.
Confirm Julie Rikelman For The First Circuit, Carl Tobias
Confirm Julie Rikelman For The First Circuit, Carl Tobias
Law Faculty Publications
Now that the United States Senate has reconvened after pauses for holidays, the upper chamber must expeditiously appoint designee Julie Rikelman to the U.S. Court of Appeals for the First Circuit, which is the smallest, albeit critical, appellate court. The nominee, whom President Joe Biden tapped during late July 2022, would supply remarkable experiential, gender, and ideological diversity gleaned from pursuing much cutting-edge reproductive freedom litigation, which included arguing Dobbs before the Supreme Court that overturned Roe v. Wade. The nominee has definitely excelled in law’s highest echelon over twenty-plus years, most recently as the U.S. Litigation Director in the …
Confirm Judge Irma Carrillo Ramirez To The Fifth Circuit, Carl Tobias
Confirm Judge Irma Carrillo Ramirez To The Fifth Circuit, Carl Tobias
Law Faculty Publications
The United States Senate must expeditiously confirm United States District Court for the Northern District of Texas Magistrate Judge Irma Carrillo Ramirez, who has definitely earned appointment to the United States Court of Appeals for the Fifth Circuit and will become the appellate court’s initial Latina member. This regional circuit effectively resolves substantial appeals, enjoys a large judicial complement, and certainly possesses a reputation as the nation’s most conservative appellate court. Ramirez, whom President Joe Biden nominated in mid-April, decidedly provides remarkable gender, experiential, ideological, and ethnic judicial diversity and has rigorously served as a Magistrate Judge and Assistant United …
Confirm Rachel Bloomekatz To The Sixth Circuit, Carl Tobias
Confirm Rachel Bloomekatz To The Sixth Circuit, Carl Tobias
Law Faculty Publications
Now that the United States Senate is convening after the July Fourth holiday, the upper chamber must promptly appoint Rachel Bloomekatz to the U.S. Court of Appeals for the Sixth Circuit. The nominee, whom President Joe Biden selected in May 2022, provides remarkable experiential, gender, and ideological expertise that she deftly realized in litigating high-profile gun control, environmental, and other significant cases in federal appellate courts and district courts. Over fifteen years, the nominee has reached law’s pantheon across a broad spectrum from extremely prestigious clerkships with Justice Stephen Breyer and particularly distinguished federal court and state court jurists to …
Appoint Judge Ana De Alba To The Ninth Circuit, Carl Tobias
Appoint Judge Ana De Alba To The Ninth Circuit, Carl Tobias
Law Faculty Publications
The United States Senate must rapidly appoint Eastern District of California Judge Ana de Alba to the Ninth Circuit. This appellate tribunal is a preeminent regional circuit, which faces substantial appeals, has the largest complement of jurists, and clearly includes a massive geographic expanse. The nominee, whom President Joe Biden designated in spring 2023, would offer remarkable gender, experiential, ideological, and ethnic diversity realized primarily from serving productively with the California federal district, and state trial, courts after rigorously litigating for one decade in a highly regarded private law firm. For over fifteen years, she deftly excelled in law’s upper …
Legal Philosophy For Lawyers In The Age Of A Political Supreme Court, Patrick J. Borchers
Legal Philosophy For Lawyers In The Age Of A Political Supreme Court, Patrick J. Borchers
Tennessee Law Review
Legal Philosophy has long been concerned with the question of what brands a norm as legal, as opposed to a non-legal norm of justice or morality. This central question has occupied the attention of philosophers and lawyers for centuries. Roughly speaking, the Naturalist school contends that legal norms are inextricably intertwined with norms of morality and justice (and in its strongest form contends that law-like pronouncements that are immoral or unjust are not fully laws), while the Positivist school argues that a social construct (often called the Rule of Recognition) brands selected norms as legal, and thus legal norms may …
The New Laboratories Of Democracy, Gerald S. Dickinson
The New Laboratories Of Democracy, Gerald S. Dickinson
Articles
Nearly a century ago, Justice Louis D. Brandeis’s dissent in New State Ice Co. v. Liebman coined one of the most profound statements in American law: “It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” Justice Brandeis reminded us of our strong tradition of federalism, where the states, exercising their sovereign power, may choose to experiment with new legislation within their separate jurisdictions without the concern that such …
Judicial Ethics And Identity, Charles Gardner Geyh
Judicial Ethics And Identity, Charles Gardner Geyh
Articles by Maurer Faculty
This Article seeks to untangle a cluster of controversies and conundrums at the epicenter of the judiciary’s role in American government, where a judge’s identity as a person and role as a judge intersect. Part I synthesizes the traditional ethics schema, which proceeds from the premise that good judges decide cases on the basis of facts and law, unsullied by the extralegal influences of identity that make judges who they are as human beings. Part II discusses the empirical evidence, and the extent to which identity influences judicial decision- making in ways that contradict tenets of the traditional schema. Part …
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
Articles in Law Reviews & Other Academic Journals
This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …
Lawyerless Law Development, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark, Anna E. Carpenter
Lawyerless Law Development, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark, Anna E. Carpenter
Utah Law Faculty Scholarship
The typical American civil trial court is lawyerless. In response, access to justice reformers have embraced a key intervention: changing the judge’s traditional role. The prevailing vision for judicial role reform calls on trial judges to offer accommodation, information, and process simplification to people without legal representation.
Until now, scholars have known little about judicial behavior in lawyerless courts, including whether and how judges are implementing role reform recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear—and the discretionary power they wield—in dispensing justice for millions of unrepresented people each year. While today’s …
Court Review: Journal Of The American Judges Association, Vol. 59, No. 3, Eve M. Brank, David Dreyer, David Prince
Court Review: Journal Of The American Judges Association, Vol. 59, No. 3, Eve M. Brank, David Dreyer, David Prince
Court Review: Journal of the American Judges Association
Articles
Judicial Discipline, Examining Ethics Oversight for the Highest Levels of Our Least Accountable Branch; David Prince
Civil Cases in the Supreme Court’s October Term 2022; Thomas M. Fisher
Departments
Editor’s Note; David Dreyer
President’s Column: A Legacy of Leadership and Service; Yvette Mansfield Alexander
Thoughts from Canada: Uttering Threats in Canada and the United States, a Comparative Analysis; Wayne K. Gorman
Crossword: Name That Games; Tracy Bennett and Vic Fleming
The Resource Page: Junk Science and the Judicial System; The Elevator Effect; Mindfulness and Judging: Resources for Judges; New Online Database: Judges and the Judiciary: Exploring America's Court System; …
Court Review: Journal Of The American Judges Association, Vol. 59, No. 1, Eve M. Brank, David Dreyer, David Prince
Court Review: Journal Of The American Judges Association, Vol. 59, No. 1, Eve M. Brank, David Dreyer, David Prince
Court Review: Journal of the American Judges Association
Articles
Being “Human” in the Age of Artificial Intelligence; Katherine B. Forrest
Ten Tips for Getting the Most Out of an Evaluation of Your ODR Program; Donna Shestowsky and Jennifer Shack
The Dilemma of Black Coding: Assessing Algorithmic Discrimination Legislation in the United States; Clarence Okoh
Securing the Integrity of Our Judicial System: Protecting Judges Beyond the Courthouse; Ron Zayas
Want to Know More About AI? Editors’ Selections: Judge ChatBot Answers All Your Questions; David J. Dreyer
Departments
Editor’s Note; David Dreyer
President’s Column: 2023--The Year of Excellence! Yvette Mansfield Alexander
Crossword: Anonymous Oft-Quoted Remark; Vic Fleming
Thoughts from Canada: …
Court Review: Journal Of The American Judges Association, Vol. 59, No. 2, Eve M. Brank, David Dreyer, David Prince
Court Review: Journal Of The American Judges Association, Vol. 59, No. 2, Eve M. Brank, David Dreyer, David Prince
Court Review: Journal of the American Judges Association
Articles
Judicial Strategies for Evaluating the Validity of Guilty Pleas; Kelsey S. Henderson, Erika N. Fountain, Allison D. Redlich, and Jason A. Cantone
Courtroom Technology from the Judge’s Perspective: A 2022-23 Update; Fredric I. Lederer
The Science of Children’s Lies (and their Detection): A Primer for Justice Practitioners; Vincent Denault and Victoria Talwar
Jury Trial Innovation Round #2; Judge Gregory E. Mize
Departments
Editor’s Note; David Prince
President’s Column:2023, the Year of Excellence! Yvette Mansfield Alexander
Thoughts from Canada: The Supreme Court of Canada Considers How the “Plain View” Doctrine Applies to Searches of Electronic Devices; Wayne K. Gorman
Crossword:Employment …
Judicial Management Inside The Courts, Marin K. Levy
Judicial Management Inside The Courts, Marin K. Levy
Faculty Scholarship
No abstract provided.