Law Commons^™

President Donald Trump's War On Federal Judicial Diversity, Carl Tobias

Law Faculty Publications

In Donald Trump's 2016 presidential campaign, the candidate promised to nominate and confirm federal judges who would possess ideologically conservative perspectives. Across President Trump's first twenty-seven months, the chief executive implemented numerous actions to effectuate his campaign pledge. Indeed, federal judicial selection may be the area in which President Trump has achieved the most substantial success throughout his first twenty-seven months in office, as many of Trump's supporters within and outside the government recognize. Nevertheless, the chief executive's achievements, principally when nominating and confirming stalwart conservatives to the appellate court bench, have imposed numerous critical detrimental effects. Most important for …

Filling The New York Federal District Court Vacancies, Carl Tobias

Law Faculty Publications

President Donald Trump contends that federal appellate court appointments constitute his foremost success. The president and the United States Senate Grand Old Party (GOP) majority have compiled records by approving forty-eight conservative, young, accomplished, overwhelmingly Caucasian, and predominantly male, appeals court jurists. However, their appointments have exacted a toll, particularly on the ninety-four district courts around the country that must address eighty-seven open judicial positions in 677 posts.

One riveting example is New York’s multiple tribunals, which confront twelve vacancies among fifty-two court slots. The Administrative Office of the United States Courts considers nine of these openings “judicial emergencies,” because …

Filling The California Ninth Circuit Vacancies, Carl Tobias

Law Faculty Publications

At President Donald Trump’s inauguration, the United States Court of Appeals for the Ninth Circuit faced ample vacancies that the United States Courts’ Administrative Officelabeled “judicial emergencies” because of their protracted length and its huge caseload. Recent departures by Circuit Judge Stephen Reinhardt and former Chief Judge AlexKozinski, who occupied California posts, and other jurists’ decision to change their active status mean that the circuit has five emergencies, three in California, because Trump has appointed only three nominees. The court also resolves the most filings least expeditiously.

Limited clarity about whether more judges will leave active service over Trump’s presidency …

Reports Of Cases In The Court Of Exchequer In The Middle Ages (1295-1496), William Hamilton Bryson

Law Faculty Publications

The basic and original jurisdiction of the Court of Exchequer, which was a part of the royal Treasury, was to decide legal disputes over the revenues of the king and the Kingdom of England, Wales, and the Town of Berwick. The substance of this jurisdiction was the financial rights of the crown according to the common law of England and the equity thereof. The Court of Exchequer also decided legal disputes between private parties where one of the parties was an officer of the court, an accountant to the crown who was under the active jurisdiction of the court in …

Senator Chuck Grassley And Judicial Confirmations, Carl Tobias

Law Faculty Publications

Iowa Republican Senator Chuck Grassley finished his second term as Chair of the Senate Judiciary Committee with the early January 2019 adjournment of the 115th Congress. He was the first nonlawyer to lead the august committee over almost 200 years. A core panel duty is moving judicial nominees through the confirmation process, which helps senators discharge their constitutional advice and consent responsibility. Because the Chair plays an integral role—Grassley fulfilled this obligation in a critical, albeit controversial, manner—and because his service as Chair has ended, it is crucial to evaluate how the lawmaker discharged that important responsibility.

This Essay initially …