Law Commons^™

Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin

Seattle University Law Review

Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …

Reconceiving Ethics For Judicial Law Clerks, Gregory Bischoping

St. Mary's Journal on Legal Malpractice & Ethics

Judicial law clerks hold a unique and critical position in our legal system. They play a central part in the functioning of the judiciary, oftentimes writing the first draft of their judge’s opinions and serving as their trusted researcher and sounding board. Moreover, they are privy to the many highly confidential processes and private information behind the important work of the judiciary. It stands to reason the comprehensive set of ethical duties that bind the world of lawyers and judges should also provide guidance for judicial law clerks. The most important among those ethics rules is a duty of confidentiality. …

Chief Justice John Roberts: Institutionalist Or Hubris-In-Chief?, Eric J. Segall

Washington and Lee Law Review Online

The conventional wisdom among Supreme Court scholars and commentators is that Chief Justice John Roberts is an institutionalist who cares deeply about both his personal legacy and the Supreme Court’s prestige over time. This essay challenges that belief. While the Chief certainly cares about how the Court is perceived by the public, as do most of the justices, what most defines Roberts is his hubris—not a concern for the Court’s legitimacy or even his own place in history. Across the vast landscape of constitutional law, Roberts has distorted precedent and ignored text and history to further his own policy preferences. …

The Long Shortlist: Women Considered For The Supreme Court, Michael Conklin

Journal of Race, Gender, and Ethnicity

No abstract provided.

Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron

Touro Law Review

No abstract provided.

Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today, Rodger Citron

Touro Law Review

No abstract provided.

Brett Kavanaugh Vs. The Exonerated Central Park Five: Exposing The President's "Presumption Of Innocence" Double Standard, Sofia Yakren

Journal of Civil Rights and Economic Development

(Excerpt)

In the service of Justice Brett Kavanaugh’s confirmation to the United States Supreme Court, the President of the United States (and Republican Senators) both misappropriated and further eroded the already compromised concepts of due process and presumption of innocence. This Essay uses the prominent “Central Park Five” case in which five teenagers of color were wrongly convicted of a white woman’s widely-publicized beating and rape to expose the President’s disparate use of the presumption along race and status lines. This narrative is consistent with larger systemic inequities that leave poor black and brown criminal defendants less likely to benefit …

Hearing Women: From Professor Hill To Dr. Ford, Stephanie M. Wildman

Journal of Civil Rights and Economic Development

(Excerpt)

One of the recent traumas, another skirmish in today’s civilian conflict over what kind of society America will be, arose from Dr. Christine Blasey Ford’s testimony about sexual assault she had endured. Her composed, measured statement during the nowJustice Brett Kavanaugh confirmation hearing exemplified bravery in the face of adversity. The Senate and the nation’s response to her testimony underscored the high stakes in the ongoing ideological conflict, beyond the obvious prize of a Supreme Court seat. Constituents in the current ideological battle had differing reactions to Ford’s testimony and to this hearing, reflecting a range of views about …

"I Still Like Smear": The Senate Judiciary Committee's Obstructing Politics Surrounding The Kavanaugh Hearing And A Solution To The Chaos That Ensued, Frank J. Tantone

Journal of Civil Rights and Economic Development

(Excerpt)

The incredible events and raucous behavior by members of the Committee that colored Justice Kavanaugh’s confirmation process rose to a level of intensity and virulence never seen before in this specific area of American government and politics. Nevertheless, the most analogous situation that somewhat closely reflects the events that transpired in 2018 occurred seventeen years earlier. President George H.W. Bush, on July 1, 1991, nominated then District of Columbia Circuit Court Judge, Clarence Thomas, to replace Justice Thurgood Marshall on the Supreme Court. Thomas’s confirmation hearing was also opposed from the outset but by civil rights and feminist organizations …

How The Boogeyman Saved Brett Kavanaugh, Cathren Page

Journal of Civil Rights and Economic Development

(Excerpt)

We love to hate these boogeymen. When the societal narrative creates these invisible boogeymen, people can pour their rage against sexual abuse into these faceless antagonists. At the same time, the enraged survivors and protectors avoid conflicts with family, neighbors, colleagues, and social acquaintances who might actually commit or enable sexual abuse. We can dodge sticky questions regarding how a churchgoer, a judge, or an Ivy Leaguer could have committed a heinous act. The survivors can avoid all the victim-blaming backlash, threats of violence, and invalidation that accompanies reporting a sexual offense. Moreover, having less power on their own, …

The Master's Tools Will Never Dismantle The Master's House: Kavanaugh's Confirmation Hearing And The Perils Of Progressive Punitivism, Hadar Aviram

Journal of Civil Rights and Economic Development

(Excerpt)

This essay proceeds in four parts. In Part I, I problematize the idea of the accused’s demeanor as evidence of guilt, remorse, or entitlement, arguing that we tend to overestimate our ability to deduce internal states of mind from people’s behavior and expressions. Part II assesses the potential (or lack thereof) of public performances of reckoning to produce a valuable expression of remorse, discussing the value of contingent apologies. Part III expands the framework to examine the way our politically fractured field responds to partisan efforts to excoriate culprits, arguing that “starting a national conversation” on the basis of …

Judges Do It Better: Why Judges Can (And Should) Decide Life Or Death, Andrew R. Ford

Dickinson Law Review (2017-Present)

Following its decision in Furman v. Georgia, the Supreme Court of the United States has attempted to standardize procedures that states use to subject offenders to the ultimate penalty. In practice, this attempt at standardization has divided capital sentencing into two distinct parts: the death eligibility decision and the death selection decision. The eligibility decision addresses whether the sentencer may impose the death penalty, while the selection decision determines who among that limited subset of eligible offenders is sentenced to death. In Ring v. Arizona, the Court held for the first time that the Sixth Amendment right to …

Justice Brandeis And Railroad Accidents: Fairness, Uniformity And Consistency, Larry Zacharias

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Louis Brandeis And Contemporary Antitrust Enforcement, Kenneth G. Elzinga, Micah Webber

Touro Law Review

No abstract provided.

Foreword To The Conference: Louis D. Brandeis: An Interdisciplinary Retrospective, Samuel J. Levine

Touro Law Review

On March 31-April 1, 2016, Touro Law Center and the Jewish Law Institute hosted a national conference: Louis D. Brandeis: An Interdisciplinary Retrospective. More than thirty judges, lawyers, and scholars, across a broad range of disciplines and hailing from across the United States, explored a variety of themes that included, among others: Brandeis’s groundbreaking work as a lawyer and a scholar; his commitment to his Jewish heritage; his historic appointment to the United States Supreme Court; and his jurisprudence on the Court. In addition to the timeless quality of these themes, the timing of the conference was significant, taking place …

The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.

Touro Law Review

No abstract provided.

Solving A Mystery: Justice Brandeis’ Approach To Judicial Decision-Making, Judge Kermit V. Lipez

Touro Law Review

No abstract provided.

Justice Brandeis And Civic Duty In A Pluralistic Society, Joel K. Goldstein

Touro Law Review

No abstract provided.

The Continuing Vitality Of Louis D. Brandeis’S Free Expression Jurisprudence, Frederick M. Lawrence

Touro Law Review

No abstract provided.

Sunlight And Shadows: Louis D. Brandeis On Privacy, Publicity, And Free Expression In American Democracy, Erin Coyle

Touro Law Review

No abstract provided.

Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow

Touro Law Review

No abstract provided.

Louis Brandeis’S Vision Of Light And Justice As Articulated On The Side Of A Coffee Mug, Randy Lee

Touro Law Review

No abstract provided.

A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis D. Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab

Touro Law Review

No abstract provided.

Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney

Touro Law Review

No abstract provided.

Privacy And Conformity: Rethinking “The Right Most Valued By Civilized Men”, Susan E. Gallagher

Touro Law Review

No abstract provided.

Louis Brandeis’S Arc Of Moral Justice, Katherine A. Helm

Touro Law Review

No abstract provided.

A Progressive Mind: Louis D. Brandeis And The Origins Of Free Speech, Elizabeth Todd Byron

Touro Law Review

No abstract provided.

The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski

Touro Law Review

No abstract provided.

Glimpses Of Marshall In The Military, Kevin C. Walsh

University of Richmond Law Review

No abstract provided.