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Full-Text Articles in Law
Pardon Me - The Need For A Fair And Impartial Judiciary, Jim Rosenblatt
Pardon Me - The Need For A Fair And Impartial Judiciary, Jim Rosenblatt
Journal Articles
The pardons issued by former Mississippi Governor Haley Barbour shortly before he left office created a swirl of controversy in Mississippi that played out in the national media. The Governor's Mansion, the Hinds County Courthouse, the State Capitol, and the Gartin Justice Building were frequent backdrops for media stories that took place over a two-month period reporting on "Pardongate." Several elements combined to make these pardons controversial and to make the issue such good fodder for the media.
To Advice And Consentdelay: The Role Of Interest Groups In The Confirmation Of Judges To The Federal Courts Of Appeal, Donald E. Campbell
To Advice And Consentdelay: The Role Of Interest Groups In The Confirmation Of Judges To The Federal Courts Of Appeal, Donald E. Campbell
Journal Articles
Political and partisan battles over nominees to the federal courts of appeal have reached unprecedented levels. This article considers the reasons for this change in the process. Using evidence from law and political science, this article proposes that current confirmation struggles are greatly influenced by increased involvement of interest groups in the process. The article tests the role of interest groups through an in-depth examination of George W Bush's nomination of Leslie H. Southwick to the Fifth Circuit Court of Appeals. Utilizing the Southwick case study, the article provides evidence of how interest groups impact the confirmation process by designating …
Response: Catch-All Doctrinalism And Judicial Desire, Anya Bernstein
Response: Catch-All Doctrinalism And Judicial Desire, Anya Bernstein
Journal Articles
This brief piece responds to Carlos M. Vázquez & Stephen I. Vladeck, State Law, the Westfall Act, and the Nature of the Bivens Question, 161 University of Pennsylvania Law Review 509 (2013).
Vázquez and Vladeck's provocative article suggests that courts dismiss Bivens claims because judges believe that “extending” Bivens into any “new context” instantiates disfavored judicial lawmaking. Focusing on Bivens’s peculiar place in federalism and federal law, Vázquez and Vladeck demonstrate that the logic of courts’ own legal interpretations suggests expanding Bivens remedies, yet courts paradoxically choose to narrow them instead. Why, and how, does that happen? Courts claim to …