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Articles 1 - 16 of 16
Full-Text Articles in Law
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Rutgers Law School (Newark) Faculty Papers
In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …
"Stop Me Before I Vote For This Judge Again": Judicial Conduct Organizations, Judicial Accountability, And The Disciplining Of Elected Judges, Alex B. Long
Scholarly Works
No abstract provided.
Rethinking Judicial Elections, Charles G. Geyh
Rethinking Judicial Elections, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Testimonial Dinner: George And Joanne Dixon, Roger J. Miner '56
Testimonial Dinner: George And Joanne Dixon, Roger J. Miner '56
Tributes & Testimonials
No abstract provided.
Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical -- And Not Just The Methodological Aspects Of Science, Lewis H. Larue, David S. Caudill
Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical -- And Not Just The Methodological Aspects Of Science, Lewis H. Larue, David S. Caudill
Scholarly Articles
In response to the claim that many judges are deficient in their understanding of scientific methodology, this Article identifies in recent cases (i) a pragmatic perspective on the part of federal appellate judges when they reverse trial judges who tend to idealize science (i.e., who do not appreciate the local and practical goals and limitations of science), and (ii) an educational model of judicial gatekeeping that results in reversal of trial judges who defer to the social authority of science (i.e., who mistake authority for reliability). Next, this Article observes that courts (in the cases it analyzes) are not interested …
A Reply--The Missing Portion, Pierre Schlag
The Elusive (But Worthwhile) Quest For A Diverse Bench In The New Millennium, Theresa M. Beiner
The Elusive (But Worthwhile) Quest For A Diverse Bench In The New Millennium, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
On The Selection Of Judges In International Figure Skating, Michael B. Abramowicz
On The Selection Of Judges In International Figure Skating, Michael B. Abramowicz
GW Law Faculty Publications & Other Works
This essay discusses the system that the International Skating Union (ISU) has long used to select skating judges for competitions and suggests that this system creates problems of partisanship, incentivizing national skating federations to pick judges who are most likely to favor the federation’s interests while also incentivizing skating judges to favor their national federations. I offer an alternative approach to the ISU’s present method of selecting judges, a tournament-like system that could be used to pick judges objectively by rating judges based on the correlation of their scores with those of other judges and allowing those with higher correlation …
Law And Judicial Duty, Philip A. Hamburger
Law And Judicial Duty, Philip A. Hamburger
Faculty Scholarship
Two hundred years ago, in Marbury v. Madison, Chief Justice Marshall delivered an opinion that has come to dominate modern discussions of constitutional law. Faced with a conflict between an act of Congress and the U.S. Constitution, he explained what today is known as "judicial review." Marshall described judicial review in terms of a particular type of "superior law" and a particular type of "judicial duty." Rather than speak generally about the hierarchy within law, he focused on "written constitutions."
He declared that the U.S. Constitution is "a superior, paramount law" and that if "the constitution is superior to any …
Judicial Elections, Campaign Financing, And Free Speech, Ronald D. Rotunda
Judicial Elections, Campaign Financing, And Free Speech, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
Why Judicial Elections Stink, Charles G. Geyh
Why Judicial Elections Stink, Charles G. Geyh
Articles by Maurer Faculty
Those who are concerned about judicial independence and accountability in the United States quite rightly focus their attention on state judicial election campaigns. It is there that the most sustained and successful efforts to threaten judicial tenure in response to isolated, unpopular judicial decisions have occurred; and it is there that escalating campaign spending has created a public perception that judges are influenced by the contributions they receive. Attempts to address these problems have been undermined by four political realities that the author refers to as "the Axiom of 80 ": Eighty percent of the public favors electing their judges; …
Voting And Electoral Politics In The Wisconsin Supreme Court, Jason J. Czarnezki
Voting And Electoral Politics In The Wisconsin Supreme Court, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This Article examines criminal cases decided by the Wisconsin Supreme Court over a fifteen-year period in an effort to discern whether judicial elections undercut judicial independence by affecting the ways justices vote. Wisconsin was chosen for this study because the state's mix of appointed and elected judges allows a researcher to control for different judicial selection systems. Specifically, this Article questions whether voting patterns may be affected by a justice's proximity to judicial elections, election margins, and whether a justice was appointed or elected in the initial term, since the governor may appoint a justice to fill a vacancy on …
The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell
The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil
Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers
Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …
The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin
The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin
Faculty Scholarship
No abstract provided.