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Human Rights Hero - Sandra Day O'Connor, Stephen Wermiel, Michael S. Greco

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Judges Judging Judicial Candidates: Should Currently Serving Judges Participate In Commissions To Screen And Recommend Article Iii Candidates Below The Supreme Court Level?, Mary Clark

Articles in Law Reviews & Other Academic Journals

In the lead-up to the 2008 presidential election, the American Bar Association (ABA), among others, called upon the next president to reform the federal judicial selection process by using bipartisan commissions to screen and recommend Article III candidates for presidential nomination and Senate confirmation below the Supreme Court level. This proposal may well find support in the Obama administration, given the new president’s emphasis on bipartisan consensus-building and transparency of government operations. This Article addresses one question that the ABA and others have not: Should currently serving judges participate in bi-partisan commissions to screen and recommend Article III candidates below …

Tribute To The Honorable Irma Raker Upon Her Retirement, Barlow Burke

Articles in Law Reviews & Other Academic Journals

In this article the author pays tribute to Judge Raker’s pre-law school tour de force citizen testimony in Eger v. Stone, 253 A.2d 372 (Md. 1969), which established the standard for credibility of lay witnesses in zoning cases, acceptance of citizen testimony as establishing the basis for an application’s denial, and acceptance of hearsay in an administrative forum in Maryland.

Judge Raker was a student of the author, who taught a course in modern land law at the Washington College of Law during Judge Raker’s tenure in law school. The article discusses two of Judge Raker’s real estate transaction opinions, …

Reflections: The Honorable Irma S. Raker – Judge, Teacher, And Role Model, Elizabeth I. Boals

Articles in Law Reviews & Other Academic Journals

This article is a sketch of Judge Irma S. Raker’s career from her days as a law student at Washington College of Law to her distinguished career as a jurist and teacher. Judge Raker’s first legal job was as an Assistant State’s Attorney in Montgomery County, Maryland, where her appointment as the first woman litigator was a milestone in the local legal community. She was appointed in 1980 to serve as a judge on the District Court for Montgomery County and, in 1982, to serve on the Circuit Court for Montgomery County. Judge Raker decided a number of seminal cases, …

Reflections: The Honorable Irma S. Raker – Judge, Teacher, And Role Model, David E. Aaronson

Articles in Law Reviews & Other Academic Journals

This article is a sketch of Judge Irma S. Raker’s career from her days as a law student at Washington College of Law to her distinguished career as a jurist and teacher. Judge Raker’s first legal job was as an Assistant State’s Attorney in Montgomery County, Maryland, where her appointment as the first woman litigator was a milestone in the local legal community. She was appointed in 1980 to serve as a judge on the District Court for Montgomery County and, in 1982, to serve on the Circuit Court for Montgomery County. Judge Raker decided a number of seminal cases, …

Reflections: The Honorable Irma S. Raker – Judge, Teacher, And Role Model, Anthony C. Morella

Articles in Law Reviews & Other Academic Journals

This article is a sketch of Judge Irma S. Raker’s career from her days as a law student at Washington College of Law to her distinguished career as a jurist and teacher. Judge Raker’s first legal job was as an Assistant State’s Attorney in Montgomery County, Maryland, where her appointment as the first woman litigator was a milestone in the local legal community. She was appointed in 1980 to serve as a judge on the District Court for Montgomery County and, in 1982, to serve on the Circuit Court for Montgomery County. Judge Raker decided a number of seminal cases, …

My Brethren’S (Gate) Keeper? Testimony By U.S. Judges At Others’ Supreme Court Confirmation Hearings: Its Implications For Judicial Independence And Judicial Ethics, Mary Clark

Articles in Law Reviews & Other Academic Journals

This article, prompted by the testimony of seven of Samuel Alito's then-current and former Third Circuit colleagues at his hearing to be Associate Justice of the United States Supreme Court, examines the merits of federal judges testifying at others' Supreme Court confirmation hearings. While mindful of other approaches to the question of judicial participation in other judicial appointments systems and of their comparative advantages and disadvantages, the author nevertheless concludes that judges threaten judicial independence and judicial ethics principles when they exercise power in the Article III appointments realm. It is not so much a question of judges usurping the …

The State Secrets Privilege And Separation Of Powers, Amanda Frost

Articles in Law Reviews & Other Academic Journals

Since September 11, 2001, the Bush administration has repeatedly invoked the state secrets privilege in cases challenging executive conduct in the war on terror, arguing that the very subject matter of these cases must be kept secret to protect national security. The executive's recent assertion of the privilege is unusual, in that it is seeking dismissal, pre-discovery, of all challenges to the legality of specific executive branch programs, rather than asking for limits on discovery in individual cases. This essay contends that the executive's assertion of the privilege is therefore akin to a claim that the courts lack jurisdiction to …

Keeping Up Appearances: A Process-Oriented Approach To Judicial Recusal, Amanda Frost

Articles in Law Reviews & Other Academic Journals

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One Man's Token Is Another Woman's Breakthrough - The Appointment Of The First Women Federal Judges, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil

Articles in Law Reviews & Other Academic Journals

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Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …

Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark

Articles in Law Reviews & Other Academic Journals

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Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel

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The Paradox Of Judicial Bypass Proceedings, Jamin B. Raskin

Articles in Law Reviews & Other Academic Journals

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Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles

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Changing The Face Of The Law: How Women's Advocacy Groups Put Women On The Federal Judicial Appointments Agenda, Mary Clark

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Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i

Articles in Law Reviews & Other Academic Journals

The continuing debate over the use of amicus curiae briefs at the World Trade Organization (“WTO”) raises interesting questions about the influence of the U.S. legal system on the WTO dispute settlement process. Specifically, it brings to the surface differences between legal cultures and the fact that the U.S. legal culture with its emphasis on procedure is not readily transferable to the WTO. Comparing the controversy regarding the use of amicus curiae briefs before WTO Panels and the Appellate Body with the history and evolution of the institution of amicus curiae before the U.S. Supreme Court may help explain the …

News Media Coverage Of The United States Supreme Court, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

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The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

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The Nomination Of Justice Brennan: Eisenhower's Mistake: A Look At The Historical Record, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

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Justice Stephen Breyer: Purveyor Of Common Sense In Many Forums, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

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Writing Supreme Court Biography: A Single Lens View Of A Nine-Sided Image, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

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Sabbaticals For State And Federal Judges: Necessary In The Pursuit Of Judicial Excellence, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

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The Federal Administrative Judiciary: Establishing An Appropriate System Of Performance Evaluation For Alj's, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

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Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross

Articles in Law Reviews & Other Academic Journals

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Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

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Point, Andrew Popper

Articles in Law Reviews & Other Academic Journals

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Proposals For Judicial Reform In Chile, Robert Vaughn

Articles in Law Reviews & Other Academic Journals

This Article explores the implications of different proposals for reforms by emphasizing a perspective that relates the proposals to the performance of the judiciary during the military regime in Chile. Part I of this Article describes the role of the judiciary prior to the coup and discusses its response to the human rights abuses of the military regime. Part II presents the principal proposals for reform and discusses them against this historic background. Part III of this Article suggests that these proposals offer a more radical change in the role of the judiciary in Chile than an examination of the …

O'Connor: A Dual Role - An Introduction, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.