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Articles 1 - 8 of 8
Full-Text Articles in Law
Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight
Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight
Faculty Scholarship
No abstract provided.
The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin
The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin
Faculty Scholarship
No abstract provided.
The Impact Of Science On Legal Decisions: What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner
The Impact Of Science On Legal Decisions: What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova
Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova
Faculty Scholarship
No abstract provided.
William Wirt & The Invention Of The Public Lawyer, H. Jefferson Powell
William Wirt & The Invention Of The Public Lawyer, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Why Courts Review Arbitral Awards, William W. Park
Why Courts Review Arbitral Awards, William W. Park
Faculty Scholarship
Judicial review of arbitral awards constitutes a form of risk management. In most countries courts may vacate decisions of perverse arbitrators who have ignored basic procedural fairness, as well as those of alleged arbitrators who have attempted to resolve matters never properly submitted to their jurisdiction. In some countries judges may also correct legal error or monitor an award's consistency with public policy.
Public scrutiny of arbitration is inevitable at the time of award recognition. Judges can hardly ignore the basic fairness of an arbitral proceeding when asked to give an award res judicata effect by seizing assets or staying …
Designated Diffidence: District Court Judges On The Courts Of Appeals Papers Of General Interest, James J. Brudney, Corey Distlear
Designated Diffidence: District Court Judges On The Courts Of Appeals Papers Of General Interest, James J. Brudney, Corey Distlear
Faculty Scholarship
Since 1980, District CourtJudges, designated pursuant to federal statute, have helped decide over 75,000 court of appeals cases-nearly one of every five merits decisions. Although scholars and judges have warned that the presence of these visitors on appellate panels may undermine consistency, legitimacy, or collegiality, little empirical evidence exists related to such concerns. Working with an especially complete data set of labor law opinions, the authors found that district court visitors perform in a much more diffident fashion than their appellate colleagues. They contribute notably fewer majority opinions and dissents. In addition, their participations do not reflect their professional or …
Stalking Secret Law: What Predicts Publication In The United States Courts Of Appeals , Deborah J. Merritt, James J. Brudney
Stalking Secret Law: What Predicts Publication In The United States Courts Of Appeals , Deborah J. Merritt, James J. Brudney
Faculty Scholarship
Nearly four fifths of federal court of appeals opinions are unpublished. For more than 25 years, judges and scholars have debated the wisdom and fairness of this body of "secret" law. The debate over unpublished opinions recently intensified when the Eighth Circuit held that the Constitution requires courts to give these opinions precedential value. Despite continued controversy over unpublished opinions, limited empirical evidence exists on the nature of those opinions. Working with an especially complete dataset of labor law opinions and multivariate statistical methods, we were able to identify the factors that predict publication. Some of those factors, such as …