Law Commons^™

Disparities On Judicial Conduct Commissions, Nino C. Monea

Marquette Law Review

Every state has a judicial conduct commission responsible for investigating complaints against judges and issuing sanctions where appropriate. But the judicial disciplinary system needs fixing. This Article examines 466 cases of public discipline from five states to illustrate the shortcomings of the present system. The status quo hides judicial misconduct from the public, fails to punish judges who abuse their office, and gives judges greater protections than criminal defendants, even when the stakes are lower.

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji

Journal of Race, Gender, and Ethnicity

No abstract provided.

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.

The Depravity Of The 1930s And The Modern Administrative State, Gary S. Lawson, Steven Calabresi

Faculty Scholarship

Gillian Metzger’s 2017 Harvard Law Review foreword, entitled 1930s Redux: The Administrative State Under Siege, is a paean to the modern administrative state, with its massive subdelegations of legislative and judicial power to so-called “expert” bureaucrats, who are layered well out of reach of electoral accountability yet do not have the constitutional status of Article III judges. We disagree with this celebration of technocratic government on just about every level, but this Article focuses on two relatively narrow points.

First, responding more to implicit assumptions that pervade modern discourse than specifically to Professor Metzger’s analysis, we challenge the normally unchallenged …

Precedent And Reliance, Randy J. Kozel

Randy J Kozel

Among the most prevalent justifications for deference to judicial precedent is the protection of reliance interests. The theory is that when judicial pronouncements have engendered significant reliance, there should be a meaningful presumption against adjudicative change. Yet there remains a fundamental question as to why reliance on precedent warrants judicial protection in the first place.

This Article explores the dynamics and implications of precedential reliance. It contends that the case for protecting reliance on precedent is uncertain. There are several reasons why reliance might potentially be worth protecting, but all are subject to serious limitations or challenges. To bolster the …

Taking Constitutional Identities Away From The Courts, Pietro Faraguna

Brooklyn Journal of International Law

In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union—not a fully-fledged federation yet—each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular knowledge, innovation, history, diversity, and culture of its individual states. On the other hand, identity-related claims may have a disintegrating effect. Constitutional diversity needs to come to terms with risks of disintegration. The Treaty on the European Union seeks a balance, providing the obligation to respect the constitutional identities of its Member states. Drawing from the European experience, …

Dred Scott: A Nightmare For The Originalists, Sol Wachtler

Touro Law Review

No abstract provided.

Precedent And Reliance, Randy J. Kozel

Journal Articles

Among the most prevalent justifications for deference to judicial precedent is the protection of reliance interests. The theory is that when judicial pronouncements have engendered significant reliance, there should be a meaningful presumption against adjudicative change. Yet there remains a fundamental question as to why reliance on precedent warrants judicial protection in the first place.

This Article explores the dynamics and implications of precedential reliance. It contends that the case for protecting reliance on precedent is uncertain. There are several reasons why reliance might potentially be worth protecting, but all are subject to serious limitations or challenges. To bolster the …

Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera

Pepperdine Law Review

No abstract provided.

Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk

Pepperdine Law Review

No abstract provided.

Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso

Pepperdine Law Review

No abstract provided.

What Oaths Meant To The Framers’ Generation: A Preliminary Sketch, Steve Sheppard

Steve Sheppard

To the Framers’ generation, oaths of office were understood as commitments, both public and personal, which stemmed from a source of morality. Recent discussions have raised concerns over whether or not the closing phrase in many oaths of office, “so help me God,” demonstrates a possible preference by the Framers for religious leaders and commitments to God. Oaths are not only an acceptance of an office itself, but also the acceptance of the office’s obligations. While oaths state an office’s obligations generally, the obligations include all that could be reasonably inferred from the nature of the office, including the use …

Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.

University of Richmond Law Review

No abstract provided.

Judicial Attitudes Toward Confronting Attorney Misconduct: A View From The Reported Decisions, Judith A. Mcmorrow, Jackie Gardina, Salvatore Ricciardone

Judith A. McMorrow

Over the last 20 years, a rich body of literature has emerged to describe the increasingly complex system of lawyer regulation in the United States. This article studies the available data from the Code of Judicial Conduct and federal and state court opinions to glean a richer understanding of how judges construct their individual and institutional role in this web of attorney regulation. The picture that emerges from the reported decisions in both state and federal court is a desire to maintain the integrity of the judicial process and a concern for the efficiency and fairness in the proceeding before …

Legal Protection For The Exporting Region, Gary D. Weatherford

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

13 pages.

Contains footnotes and references.

Contains 1 attachment.

The text of a second attachment has been omitted: "Area of Origin Statutes - The California Experience," Ronald B. Robie, Russell R. Kletzing, 15 Idaho L. Rev. 419 (1979).

Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg

Law Faculty Scholarly Articles

In considering American common law doctrines shaped during the nineteenth century, commentators have advanced differing theories on the primary judicial criteria employed by judges. Recent studies have argued that these doctrines reflect a criterion of economic efficiency. This work has been criticized for its failure to explain why there seems to be a correlation between efficiency and these decision rules or why judges might have preferred efficiency over other decisional criteria. Other studies have proposed that many judicial doctrines announced before the Civil War were intended to facilitate or ratify major shifts in the distribution of social wealth. This article …