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Articles 1 - 23 of 23

Full-Text Articles in Law

Statistical Precedent: Allocating Judicial Attention, Ryan W. Copus Apr 2020

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 Jan 2015

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 Jan 2012

"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 Jan 2011

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. Jan 2010

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 Jan 2010

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 Jan 2009

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 Jan 2009

Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck

Faculty Publications

No abstract provided.


The Roberts Court And Access To Justice, Gene R. Nichol Jan 2009

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 Nov 2006

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 Jan 2006

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 Jan 2006

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 Jan 2005

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 Jan 2005

Who Judges The Judges?, John V. Orth

Faculty Publications

No abstract provided.


Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank Jan 2005

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 Jan 2003

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 Jan 2001

Making Progress The Old-Fashioned Way, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


The Architecture Of Judicial Independence, Stephen B. Burbank Jan 1999

The Architecture Of Judicial Independence, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Federalization: A Critical Overview, William P. Marshall Jan 1995

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 Jan 1992

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 Jan 1986

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 Jan 1986

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 Jan 1985

Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd

Faculty Publications

No abstract provided.