Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- "Rhode Island Judiciary" (2)
- "Judicial Selection in Rhode Island" (1)
- "Professor Emily Sack" (1)
- "Professor Michael Yelnosky" (1)
- "Rhode Island Judicial Nominating Commission" (1)
-
- "Rhode Island Merit Selection Judges" (1)
- "Selecting Rhode Island Judges" (1)
- Advocacy for vulnerable clients (1)
- Alternatives to probation (1)
- Bivens remedies (1)
- Boumediene v. Bush (1)
- Class action litigation (1)
- Cognitive biases in constitutional questions (1)
- Conflicting public and policy interests (1)
- Detainee advocacy (1)
- Detention with judicial review (1)
- Due process (1)
- Enforcement of judgments (1)
- Guantanamo (1)
- Interjurisdictional (1)
- Judicial power (1)
- Jurisdictional forum selection (1)
- Limits of doctrinal analysis in legal education (1)
- Multijurisdictional class actions (1)
- National security strategies in the war on terror (1)
- Probation in the modern era (1)
- Probation violation cycle (1)
- Prosecution of detainees in terrorism cases (1)
- Prosecutions under the federal material support statutes (1)
- Rehabilitation of criminal offenders (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies
Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies
Law Faculty Scholarship
Liability in national security matters hinges on curbing both official myopia and hindsight bias. The Framers knew that officials could be short-sighted, prioritizing expedience over abiding values. Judicial review emerged as an antidote to myopia of this kind. However, the Framers recognized that ubiquitous second-guessing of government decisions would also breed instability. Balancing these conflicting impulses has produced judicial oscillation between intervention and deference. Recent decisions on Bivens claims in the war on terror have defined extremes of deference or intervention. Cases like Ashcroft v. Iqbal and Arar v. Ashcroft display a categorical deference that rewards officials' myopia. On the …
Judicial Selection In Rhode Island: Assessing The Experience With Merit Selection: Response, Emily J. Sack
Judicial Selection In Rhode Island: Assessing The Experience With Merit Selection: Response, Emily J. Sack
Law Faculty Scholarship
No abstract provided.
The Impact Of Merit Selection On The Characteristics Of Rhode Island Judges, Michael J. Yelnosky
The Impact Of Merit Selection On The Characteristics Of Rhode Island Judges, Michael J. Yelnosky
Law Faculty Scholarship
No abstract provided.
The Costs Of Abusing Probationary Sentences: Overincarceration And The Erosion Of Due Process, Andrew Horwitz
The Costs Of Abusing Probationary Sentences: Overincarceration And The Erosion Of Due Process, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Equitable Balancing In The Age Of Statutes, Jared Goldstein
Equitable Balancing In The Age Of Statutes, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies
The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down The Wrong Road?, Tanya Monestier
Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down The Wrong Road?, Tanya Monestier
Law Faculty Scholarship
No abstract provided.