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Full-Text Articles in Law
The Right To An Independent Judiciary And The Avoidance Of Constitutional Conflict: The Burger Court’S Flawed Reasoning In Chandler V. Judicial Council Of The Tenth Circuit And Its Unfortunate Legacy, Joshua E. Kastenberg
St. Mary's Journal on Legal Malpractice & Ethics
In 1970, the United States Supreme Court issued Chandler v. Judicial Council of the Tenth Circuit in which five Justices determined that the federal courts of appeals possessed an administrative authority to manage the district court judges within an appellate court’s respective circuit. The decision enabled the Tenth Circuit to decide the fitness of a judge to preside over cases without a formal motion from a litigant. Although Congress had enabled the courts of appeals to oversee basic judicial functions (such as temporarily assigning district court judges to overworked districts), Congress did not intend to grant the power to remove …
Legislative Process And Intent In Justice Scalia's Interpretive Method, David Schultz
Legislative Process And Intent In Justice Scalia's Interpretive Method, David Schultz
Akron Law Review
This article explores Justice Scalia's views on the legislative process and his interpretive methodology which questions using legislative intent when interpreting statutes. Unlike other recent scholarship which focuses on Scalia's interpretive method, this article is somewhat more expansive. It will examine his views towards the legislative process and decision-making, including his approach and methodology used in interpreting legislative pronouncements. To do this, the article will first provide an assessment of recent legal scholarship describing Scalia's interpretive jurisprudence. The goal here is to establish a description of the legal community's perspective regarding Scalia's views towards interpreting statutes. The second section will …
Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery, Maria Da Gloria Bonelli
Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery, Maria Da Gloria Bonelli
Indiana Journal of Global Legal Studies
This article examines the ways in which Brazilian lawyers and judges experience difference. It focuses on how gender and diversity intersect in identity formation among women and men in public and private practice in the state of Sdo Paulo, Brazil. In attempting not to attach one fixed meaning to the concept of difference, the research works with Avtar Brah's typology, which aids in detecting how difference is perceived and experienced by the interviewees. The results provide a look at the specificities of professional practice in the global periphery, comparing the gender composition of law firms and gender stratification within legal …
A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton
A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton
Michigan Law Review
I was eager to enter the judiciary. I liked the title: federal judge. I liked the job security: life tenure. And I could tolerate the pay: the same as Richard Posner's. That, indeed, may have been the most flattering part of the opportunity-that I could hold the same title and have the same pay grade as one of America's most stunning legal minds. Don't think I didn't mention it when I had the chance. There is so much to admire about Judge Posner-his lively pen, his curiosity, his energy, his apparent understanding of: everything. He has written 53 books, more …
Only Skin Deep?: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench, Sylvia R. Lazos Vargas
Only Skin Deep?: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench, Sylvia R. Lazos Vargas
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
In Restraint Of Trade: The Judicial Law Clerk Hiring Plan, Mark W. Pletcher, Ludovic C. Ghesquiere
In Restraint Of Trade: The Judicial Law Clerk Hiring Plan, Mark W. Pletcher, Ludovic C. Ghesquiere
University of Colorado Law Review
In an effort to bring order to what has historically been a chaotic process, federal judges and law schools implemented the Judicial Law Clerk Hiring Plan in 2002, prohibiting all students except those in their third year of law school from applying for federal clerkships. However, there is a serious problem with the Law Clerk Hiring Plan: it is an unreasonable restraint of trade. In this article, we explore the history of the Law Clerk Hiring Plan and analyze whether it would survive traditional antitrust scrutiny. We conclude that the Plan is an unreasonable restraint of trade. Further, based upon …
The Three Independences, H. Jefferson Powell
The Three Independences, H. Jefferson Powell
University of Richmond Law Review
No abstract provided.
Second Annual Henry Lecture: Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook
Second Annual Henry Lecture: Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook
Oklahoma Law Review
No abstract provided.
One Man's Token Is Another Woman's Breakthrough - The Appointment Of The First Women Federal Judges, Mary L. Clark
One Man's Token Is Another Woman's Breakthrough - The Appointment Of The First Women Federal Judges, Mary L. Clark
Villanova Law Review
No abstract provided.
The Independence And Responsibility Of The Federal Judiciary, Thomas I. Vanaskie
The Independence And Responsibility Of The Federal Judiciary, Thomas I. Vanaskie
Villanova Law Review
No abstract provided.
Justice Bushrod Washington And The Age Of Discovery In American Law, David A. Faber
Justice Bushrod Washington And The Age Of Discovery In American Law, David A. Faber
West Virginia Law Review
No abstract provided.
Is There A Threat To Judicial Independence In The United States Today? Roundtable Discussion, Roundtable Discussion
Is There A Threat To Judicial Independence In The United States Today? Roundtable Discussion, Roundtable Discussion
Fordham Urban Law Journal
This roundtable discussion poses the question of whether there is a threat to judicial independence in the United States today and, if so, what it is, to a panel of five judges composed of Honorable William H. Walls, Honorable Edward R. Becker, Honorable Morton I. Greenberg, Honorable Jan E. DuBois, and Honorable Stanley Sporkin. Some discuss what they consider the great stall by a partisan majority Senate to confirm judicial nominations, while others argue they have encountered no threat to their judicial independence, which allows for unpopular decisions to be made. Another concern discussed is that for state judges that …
The Doctrine Of Judicial Privilege: The Historical And Constitutional Basis Supporting A Privilege For The Federal Judiciary
Washington and Lee Law Review
No abstract provided.