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Articles 1 - 14 of 14
Full-Text Articles in Law
Roscoe Pound Round-Table Discussion, Judith Resnik, Leroy Rountree Hassell Sr., Margaret H. Marshall, Clifford W. Taylor, Lucy A. Dalglish, Luke Bierman, Mark S. Curriden
Roscoe Pound Round-Table Discussion, Judith Resnik, Leroy Rountree Hassell Sr., Margaret H. Marshall, Clifford W. Taylor, Lucy A. Dalglish, Luke Bierman, Mark S. Curriden
Luke Bierman
Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.
Beyond Merit Selection, Luke Bierman
Beyond Merit Selection, Luke Bierman
Luke Bierman
This Article reviews some of the factors that have diminished the appeal of merit selection for judges. It examines why merit selection has never been an entirely successful answer for reformers looking for nonpartisan solutions. It advocates addressing other aspects of the judicial office to promote judicial independence. It concludes by suggesting that there be an educational credential for becoming a judge. Such a solution, it is argued, would offer legitimacy to judicial aspirants and would provide independent, accountable, impartial, and well-trained judges regardless of selection method.
Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman
Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman
Luke Bierman
This article gives an anecdotal account of the authors attempt to apply for a position as a State Court Judge that he saw posted in the newspaper. The article uses the job posting concept as a starting point to argue that the system of judicial appointment in New York needs to be reworked and there needs to be new and creative solutions brought into the discussion.
Deconstructing The Law School Deconstructionists, Luke Bierman
Deconstructing The Law School Deconstructionists, Luke Bierman
Luke Bierman
No abstract provided.
When Less Is More: Changes To The New York Court Of Appeals' Civil Jurisdiction, Luke Bierman
When Less Is More: Changes To The New York Court Of Appeals' Civil Jurisdiction, Luke Bierman
Luke Bierman
This paper, an initial step of a larger project designed to provide a comprehensive consideration of the Court of Appeals, addresses some ramifications of the changes in the court's jurisdiction. Specifically, this paper will study characteristics of the court's decisions, such as rates of affirmance, unanimity and type of decision, i.e., opinion or memorandum. This examiniation will improve our understanding of the judicial decision-making process and enable us to view the Court of Appeals as an institution with a particular role in the prevailing legal and political structures and prcoesses.
Horizontal Pressures And Vertical Tensions: State Constitutional Discordancy At The New York Court Of Appeals, Luke Bierman
Horizontal Pressures And Vertical Tensions: State Constitutional Discordancy At The New York Court Of Appeals, Luke Bierman
Luke Bierman
This article is meant to accept Chief Judge Kaye's invitation to discuss the New York Court of Appeals' approach to its different cases. It will examine the extent to which the Court of Appeals acts consensually in its plenary caseload and in its effort to resolve particular issues arising under the New York Constitution. Judge Kaye's perception that the Court of Appeals exercises its decision making prerogatives differently in several categories of cases will be explored so that some preliminary assessments about the phenomenon can be made.
Horizontal Pressures And Vertical Tensions: State Constitutional Discordancy At The New York Court Of Appeals, Luke Bierman
Horizontal Pressures And Vertical Tensions: State Constitutional Discordancy At The New York Court Of Appeals, Luke Bierman
Luke Bierman
This article is meant to accept Chief Judge Kaye's invitation to discuss the New York Court of Appeals' approach to its different cases. It will examine the extent to which the Court of Appeals acts consensually in its plenary caseload and in its effort to resolve particular issues arising under the New York Constitution. Judge Kaye's perception that the Court of Appeals exercises its decision making prerogatives differently in several categories of cases will be explored so that some preliminary assessments about the phenomenon can be made.
Comment On Paper By Cheek And Champagne: The Judiciary As A ‘Republican’ Institution, Luke Bierman
Comment On Paper By Cheek And Champagne: The Judiciary As A ‘Republican’ Institution, Luke Bierman
Luke Bierman
No abstract provided.
Three Views Of State Appellate Courts, Luke Bierman
Three Views Of State Appellate Courts, Luke Bierman
Luke Bierman
No abstract provided.
Are 5 Heads Better Than 3? A Case For 3 Judge Panels For The New York Supreme Court, Appellate Division, Luke Bierman
Are 5 Heads Better Than 3? A Case For 3 Judge Panels For The New York Supreme Court, Appellate Division, Luke Bierman
Luke Bierman
No abstract provided.
Epilogue: The New York Court Of Appeals - Independent And Accountable, Luke Bierman
Epilogue: The New York Court Of Appeals - Independent And Accountable, Luke Bierman
Luke Bierman
No abstract provided.
The Administration Of Justice A Century After Roscoe Pound: Future Directions And Emerging Trends, Luke Bierman
The Administration Of Justice A Century After Roscoe Pound: Future Directions And Emerging Trends, Luke Bierman
Luke Bierman
No abstract provided.
Beyond Merit Selection, Luke Bierman
Beyond Merit Selection, Luke Bierman
Luke Bierman
This Article reviews some of the factors that have diminished the appeal of merit selection for judges. It examines why merit selection has never been an entirely successful answer for reformers looking for nonpartisan solutions. It advocates addressing other aspects of the judicial office to promote judicial independence. It concludes by suggesting that there be an educational creditial for becoming a judge. Such a solution, it is argued, would offer legitimacy to judicial aspirants and would provide independent, accountable, impartial, and well-trained judges regardless of selection method.
Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman
Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman
Luke Bierman
This article gives an anecdotal account of the author's attempt to apply for a position as a State Court Judge that he saw posted in the newspaper. The article uses the job posting concept as a starting point to argue that the system of judicial appointment in New York needs to be reworked and there needs to be new and creative solutions brought into the discussion.