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Judges

Journal

2017

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Articles 61 - 90 of 182

Full-Text Articles in Law

Toward A Theory Of Judicial Decisionmaking: A Synthesis Of Ideologist Jurisprudence And Doctrinalism, Raymond A. Belliotti Sep 2017

Toward A Theory Of Judicial Decisionmaking: A Synthesis Of Ideologist Jurisprudence And Doctrinalism, Raymond A. Belliotti

The Catholic Lawyer

No abstract provided.


Stare Decisis Sed Concreta Intelligence - Precedent And Lonergan's Common Sense, William R. Moriarty Sep 2017

Stare Decisis Sed Concreta Intelligence - Precedent And Lonergan's Common Sense, William R. Moriarty

The Catholic Lawyer

No abstract provided.


Judicial Activism - The Violation Of An Oath, Edward J. Melvin, C.M. Sep 2017

Judicial Activism - The Violation Of An Oath, Edward J. Melvin, C.M.

The Catholic Lawyer

No abstract provided.


How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker Sep 2017

How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Law: The Importance Of Regional Administration To Federalism, Dave Owen Sep 2017

Administrative Law: The Importance Of Regional Administration To Federalism, Dave Owen

The Judges' Book

No abstract provided.


Criminal Law: Clarifying “Wrongfulness” In Insanity Cases, Kate E. Bloch, Jeffrey Gould Sep 2017

Criminal Law: Clarifying “Wrongfulness” In Insanity Cases, Kate E. Bloch, Jeffrey Gould

The Judges' Book

No abstract provided.


Evidence: Admissibility Vs. Weight In Scientific Testimony, David Faigman Sep 2017

Evidence: Admissibility Vs. Weight In Scientific Testimony, David Faigman

The Judges' Book

No abstract provided.


Patent Law: How Big Pharma Delays Generic Entry, Robin Feldman Sep 2017

Patent Law: How Big Pharma Delays Generic Entry, Robin Feldman

The Judges' Book

No abstract provided.


Federal Tax Law: The Costs Of Cliff Effects In The Internal Revenue Code, Manoj Viswanathan Sep 2017

Federal Tax Law: The Costs Of Cliff Effects In The Internal Revenue Code, Manoj Viswanathan

The Judges' Book

No abstract provided.


Bankruptcy: Activist Investors And Chapter 11, Jared A. Ellias Sep 2017

Bankruptcy: Activist Investors And Chapter 11, Jared A. Ellias

The Judges' Book

No abstract provided.


Civil Procedure: How To Apply Diversity Jurisdiction In A Multiparty Case, Scott Dodson Sep 2017

Civil Procedure: How To Apply Diversity Jurisdiction In A Multiparty Case, Scott Dodson

The Judges' Book

No abstract provided.


Administrative Law: Historical Origins Of America’S Administrative Exceptionalism, Reuel Schiller Sep 2017

Administrative Law: Historical Origins Of America’S Administrative Exceptionalism, Reuel Schiller

The Judges' Book

No abstract provided.


Patent Law: Finding Space For State Authority To Regulate Patents, Robin Feldman Sep 2017

Patent Law: Finding Space For State Authority To Regulate Patents, Robin Feldman

The Judges' Book

No abstract provided.


Foreword, Marsha S. Berzon Sep 2017

Foreword, Marsha S. Berzon

The Judges' Book

No abstract provided.


Table Of Contents Sep 2017

Table Of Contents

The Judges' Book

No abstract provided.


Appendix: Notable Faculty Publications 2016 Sep 2017

Appendix: Notable Faculty Publications 2016

The Judges' Book

No abstract provided.


Civil Procedure: Class Action Fee And Cost Awards, Morris Ratner Sep 2017

Civil Procedure: Class Action Fee And Cost Awards, Morris Ratner

The Judges' Book

No abstract provided.


Introduction, David Faigman Sep 2017

Introduction, David Faigman

The Judges' Book

No abstract provided.


Civil Procedure: Certifying An Opt-In Class Under Rule 23, Scott Dodson Sep 2017

Civil Procedure: Certifying An Opt-In Class Under Rule 23, Scott Dodson

The Judges' Book

No abstract provided.


Federal Law Enforcement: Law Enforcement As Political Question, Zachary S. Price Sep 2017

Federal Law Enforcement: Law Enforcement As Political Question, Zachary S. Price

The Judges' Book

No abstract provided.


The Rights Of The Child - What Can An International Body Of Catholic Jurists Do?, Christine Godsil Cooper Aug 2017

The Rights Of The Child - What Can An International Body Of Catholic Jurists Do?, Christine Godsil Cooper

The Catholic Lawyer

No abstract provided.


Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich Aug 2017

Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich

Arbitration Law Review

No abstract provided.


Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian Aug 2017

Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian

Arbitration Law Review

No abstract provided.


Punishing On A Curve, Adi Leibovitch Aug 2017

Punishing On A Curve, Adi Leibovitch

Northwestern University Law Review

Does the punishment of one defendant depend on how she fares in comparison to the other defendants on the judge’s docket? This Article demonstrates that the troubling answer is yes. Judges sentence a given offense more harshly when their caseloads contain relatively milder offenses and more leniently when their caseloads contain more serious crimes. I call this phenomenon “punishing on a curve.”

Consequently, this Article shows how such relative sentencing patterns put into question the prevailing practice of establishing specialized courts and courts of limited jurisdiction. Because judges punish on a curve, a court’s jurisdictional scope systematically shapes sentencing outcomes. …


Judicial Elections And Issue Advertising: A Two-State Study, Christopher Terry, Mitchell T. Bard Jul 2017

Judicial Elections And Issue Advertising: A Two-State Study, Christopher Terry, Mitchell T. Bard

University of Arkansas at Little Rock Law Review

No abstract provided.


In Defense Of Popular Elections, Former Justice Robert L. Brown Jul 2017

In Defense Of Popular Elections, Former Justice Robert L. Brown

University of Arkansas at Little Rock Law Review

No abstract provided.


Tailored Judicial Selection, Dmitry Bam Jul 2017

Tailored Judicial Selection, Dmitry Bam

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Why Amending The Consitution To Overrule Citizens United Is The Wrong Way To Fix Campaign Finance In The United States, Zachary Hale Jul 2017

Constitutional Law—Why Amending The Consitution To Overrule Citizens United Is The Wrong Way To Fix Campaign Finance In The United States, Zachary Hale

University of Arkansas at Little Rock Law Review

No abstract provided.


Putting Equality To A Vote: Individual Rights, Judicial Elections, And The Arkansas Supreme Court, Billy Corriher Jul 2017

Putting Equality To A Vote: Individual Rights, Judicial Elections, And The Arkansas Supreme Court, Billy Corriher

University of Arkansas at Little Rock Law Review

No abstract provided.


Boyle As Constitutional Preemption, Bradford R. Clark Jul 2017

Boyle As Constitutional Preemption, Bradford R. Clark

Notre Dame Law Review

Justice Scalia’s opinion for the Court in Boyle v. United Technologies Corp. arguably departed from his usual preferences by recognizing a government contractor defense as a matter of federal common law. This Essay offers an alternative rationale for the decision in Boyle grounded in constitutional preemption, and explains why this approach is more consistent with Justice Scalia’s broader methodological and constitutional commitments.