Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Border Wall (2)
- Cooperative Federalism (2)
- Eminent Domain (2)
- Federal Takings (2)
- Trump Administration (2)
-
- Breyer Committee Report (1)
- Code of Conduct for United States Judges (1)
- Courts (1)
- Doctrinal reasoning (1)
- Empirical legal studies (1)
- Federal Courts (1)
- Federal Judges (1)
- Federal Judicial Misconduct Statutes (1)
- Judges (1)
- Judicial Conduct (1)
- Judicial Discipline (1)
- Judicial Ethics (1)
- Judicial Misconduct (1)
- Judicial behavior (1)
- Judicial decision making (1)
- Judiciary Workplace (1)
- Jurisprudence (1)
- Law and humanities (1)
- Law and literature (1)
- Law and psychology (1)
- Legal decisionmaking (1)
- Legal history (1)
- Legal reasoning (1)
- Legalism (1)
- New legal realism (1)
- Publication
Articles 1 - 4 of 4
Full-Text Articles in Law
Ensuring An Exemplary Judiciary Workplace: An Alternative To A Mandatory Reporting Requirement For Judges, Arthur D. Hellman
Ensuring An Exemplary Judiciary Workplace: An Alternative To A Mandatory Reporting Requirement For Judges, Arthur D. Hellman
Testimony
In December 2017, the Director of the Administrative Office of the United States Courts, responding to a request from Chief Justice Roberts, formed a Working Group to recommend measures “to ensure an exemplary workplace for every judge and every court employee.” The Working Group issued its report in June 2018. On October 30, 2018, two committees of the Judicial Conference of the United States, the administrative policy-making body of the federal judiciary, held a hearing on proposed amendments to the Rules for Judicial-Conduct and Judicial-Disability Proceedings and the Code of Conduct for United States Judges. Both sets of proposed amendments …
Doctrinal Reasoning As A Disruptive Practice, Jessie Allen
Doctrinal Reasoning As A Disruptive Practice, Jessie Allen
Articles
Legal doctrine is generally thought to contribute to legal decision making only to the extent it determines substantive results. Yet in many cases, the available authorities are indeterminate. I propose a different model for how doctrinal reasoning might contribute to judicial decisions. Drawing on performance theory and psychological studies of readers, I argue that judges’ engagement with formal legal doctrine might have self-disrupting effects like those performers experience when they adopt uncharacteristic behaviors. Such disruptive effects would not explain how judges ultimately select, or should select, legal results. But they might help legal decision makers to set aside subjective biases.
Property Musings At The U.S.-Mexico Border, Gerald S. Dickinson
Property Musings At The U.S.-Mexico Border, Gerald S. Dickinson
Articles
President Donald J. Trump issued an Executive Order calling for “a physical wall on the southern border” of the United States in January, 2017. In his address before Congress, the President stated, “[W]e will soon begin the construction of a great wall along our southern border.” The political response to the Executive Order has been swift. Representative Lamar Smith of Texas views the Executive Order as a testament to the President “honoring his commitment” to immigration enforcement. Senator Ron Johnson of Wisconsin favorably compares the border mandates in Israel and Egypt as successful examples of how to mitigate illegal immigration. …
Essay: Cooperative Federalism And Federal Takings After The Trump Administration's Border Wall Executive Order, Gerald S. Dickinson
Essay: Cooperative Federalism And Federal Takings After The Trump Administration's Border Wall Executive Order, Gerald S. Dickinson
Articles
The Trump Administration’s (arguably) most polemic immigration policy — Executive Order No. 13,767 mandating the construction of an international border wall along the southwest border of the United States — offers a timely and instructive opportunity to revisit the elusive question of the federal eminent domain power and the historical practice of cooperative federalism. From federal efforts to restrict admission and entry of foreign nationals and aliens (the so-called “travel ban”) to conditioning federal grants on sanctuary city compliance with federal immigration enforcement, state and local governments (mostly liberal and Democratic enclaves) today have become combative by resisting a federal …