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Full-Text Articles in Law

A Global Comparison Of Judicial Discipline Mechanisms, Zhuozhen Duan Jul 2022

A Global Comparison Of Judicial Discipline Mechanisms, Zhuozhen Duan

Judicature International

No abstract provided.


How Technology Is Changing Justice In China, Shitong Qiao, Zhiyu Li, Benjamin Chen Jun 2022

How Technology Is Changing Justice In China, Shitong Qiao, Zhiyu Li, Benjamin Chen

Judicature International

No abstract provided.


Judging Without A J.D., Sara Sternberg Greene, Kristen M. Renberg Jan 2022

Judging Without A J.D., Sara Sternberg Greene, Kristen M. Renberg

Faculty Scholarship

One of the most basic assumptions of our legal system is that when two parties face off in court, the case will be adjudicated before a judge who is trained in the law. This Essay begins by showing that, empirically, the assumption that most judges have legal training does not hold true for many low-level state courts. Using data we compiled from all fifty states and the District of Columbia, we find that thirty-two states allow at least some low-level state court judges to adjudicate without a law degree, and seventeen states do not require judges who adjudicate eviction cases …


Dysfunction, Deference, And Judicial Review, Barry Friedman, Margaret H. Lemos Jan 2022

Dysfunction, Deference, And Judicial Review, Barry Friedman, Margaret H. Lemos

Faculty Scholarship

This symposium poses a provocative question: Should judges exercising the power of judicial review defer to the political branches as a means of giving voice to the “will of the people”? The inquiry assumes a connection between majority will and the outputs of the political branches—a connection we argue is frayed, at best, in the current political context.

In the first part of this Essay, we highlight how well-known aspects of our political system—ranging from representational distortions in federal and state governments to the relationship between partisan polarization and the behavior of elected officials—call into question whether political outcomes reliably …


Judge James A. Wynn, Originalism, And The Juridical/Judicial Role, Michael E. Tigar Jan 2022

Judge James A. Wynn, Originalism, And The Juridical/Judicial Role, Michael E. Tigar

Faculty Scholarship

No abstract provided.