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Articles 1 - 23 of 23
Full-Text Articles in Law
Statistical Precedent: Allocating Judicial Attention, Ryan W. Copus
Statistical Precedent: Allocating Judicial Attention, Ryan W. Copus
Faculty Works
Suffering from a well-covered “crisis of volume,” the United States Courts of Appeals have patched together an ad hoc system of triage in an effort to provide cases with sufficient attention. For example, only some cases are assigned to central staff, analyzed by law clerks, orally argued, debated over by judges, or decided in published opinions. The courts have evaded overt disaster by increasing the number of active, senior, and visiting judges, but the additional personnel poses its own demands on attention—judges must also pay attention to one another in order to coherently develop and apply the law. With too …
The Politics Of Early Justice, Federal Judicial Selection, 1789-1861, Michael J. Gerhardt, Michael Ashley Stein
The Politics Of Early Justice, Federal Judicial Selection, 1789-1861, Michael J. Gerhardt, Michael Ashley Stein
Faculty Publications
No abstract provided.
"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael J. Gerhardt, Richard Painter
"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael J. Gerhardt, Richard Painter
Faculty Publications
No abstract provided.
Judicial Takings, Judicial Speech, And Doctrinal Acceptance Of The Model Of The Judge As Political Actor, William P. Marshall
Judicial Takings, Judicial Speech, And Doctrinal Acceptance Of The Model Of The Judge As Political Actor, William P. Marshall
Faculty Publications
No abstract provided.
Judicial Abdication And Equal Access To The Civil Justice System, Gene R. Nichol Jr.
Judicial Abdication And Equal Access To The Civil Justice System, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
The Golden Metwand': The Measure Of Justice In Shakespeare's Measure For Measure, John V. Orth
The Golden Metwand': The Measure Of Justice In Shakespeare's Measure For Measure, John V. Orth
Faculty Publications
No abstract provided.
The Continuing Search For A Meaningful Model Of Judicial Rankings And Why It (Unfortunately) Matters, Scott Baker, Adam Feibelman, William P. Marshall
The Continuing Search For A Meaningful Model Of Judicial Rankings And Why It (Unfortunately) Matters, Scott Baker, Adam Feibelman, William P. Marshall
Faculty Publications
No abstract provided.
Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck
Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck
Faculty Publications
No abstract provided.
The Roberts Court And Access To Justice, Gene R. Nichol
The Roberts Court And Access To Justice, Gene R. Nichol
Faculty Publications
No abstract provided.
Edward R. Becker: A Man In Full, Stephen B. Burbank
Edward R. Becker: A Man In Full, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Judicial Accountability In A Time Of Legal Realism, William P. Marshall
Judicial Accountability In A Time Of Legal Realism, William P. Marshall
Faculty Publications
No abstract provided.
What's Old Is New Again, Symposium: The Role Of Judges In The 21st Century, Michael J. Gerhardt
What's Old Is New Again, Symposium: The Role Of Judges In The 21st Century, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Federal Arbitration Act: Federal Preemption Of State Law Regulating Arbitration, W. Mark C. Weidemaier
The Federal Arbitration Act: Federal Preemption Of State Law Regulating Arbitration, W. Mark C. Weidemaier
Faculty Publications
No abstract provided.
Who Judges The Judges?, John V. Orth
Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank
Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
What Do We Mean By "Judicial Independence"?, Stephen B. Burbank
What Do We Mean By "Judicial Independence"?, Stephen B. Burbank
All Faculty Scholarship
In this article, the author argues that the concept of "judicial independence" has served more as an object of rhetoric than it has of sustained study. He views the scholarly literatures that treat it as ships passing in the night, each subject to weaknesses that reflect the needs and fashions of the discipline, but all tending to ignore courts other than the Supreme Court of the United States. Seeking both greater rigor and greater flexibility than one usually finds in public policy debates about, and in the legal and political science literatures on, judicial independence, the author attributes much of …
Making Progress The Old-Fashioned Way, Stephen B. Burbank
Making Progress The Old-Fashioned Way, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Architecture Of Judicial Independence, Stephen B. Burbank
The Architecture Of Judicial Independence, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Federalization: A Critical Overview, William P. Marshall
Federalization: A Critical Overview, William P. Marshall
Faculty Publications
No abstract provided.
Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt
Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Unprecedential Analysis And Original Intent, William P. Marshall
Unprecedential Analysis And Original Intent, William P. Marshall
Faculty Publications
No abstract provided.
Research In Judicial Administration: A Judge's Perspective, Conference On Judicial Administration Research, Roger J. Miner '56
Research In Judicial Administration: A Judge's Perspective, Conference On Judicial Administration Research, Roger J. Miner '56
Federal Court System and Administration
No abstract provided.
Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd
Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd
Faculty Publications
No abstract provided.