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Full-Text Articles in Law
Conscience, Judging, And Conscientious Judging, Gene E. Franchini
Conscience, Judging, And Conscientious Judging, Gene E. Franchini
The Journal of Appellate Practice and Process
Judging requires applying the law instead of personal morals, philosophy, or policy of the community. Doing so requires a respect for the separation of powers between branches of government. Justice Franchini of the New Mexico Supreme Court reflects on this challenge for judges through a personal anecdote.
Agenda Setting In The Courts Of Appeals: The Effect Of Ideology On En Banc Rehearings, Phil Zarone
Agenda Setting In The Courts Of Appeals: The Effect Of Ideology On En Banc Rehearings, Phil Zarone
The Journal of Appellate Practice and Process
Intermediate appellate courts hear whatever case is brought before them on appeal. Therefore, the courts are unable to set an agenda through selecting which cases to hear. Appellate courts may be able to set an agenda, though, through en banc rehearings. This article discusses how courts of appeals decide when to grant en banc proceedings and the effect of ideological use of en banc rehearings.