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Articles 31 - 60 of 97
Full-Text Articles in Law
Getting Right With The Great Chief Justice, R. Kent Newmyer
Getting Right With The Great Chief Justice, R. Kent Newmyer
Faculty Articles and Papers
No abstract provided.
Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level, Frank O. Bowman, Michael Heise
Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level, Frank O. Bowman, Michael Heise
Cornell Law Faculty Publications
This is the second of two articles in which we seek an explanation for the hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations declined by more than 15% between 1991-92 and 2000.
Our first article, Quiet Rebellion? Explaining Nearly a Decade of Declining Federal Drug Sentences, 86 Iowa Law Review 1043 (May 2001) ( "Rebellion I" ), examined national sentencing data in an effort to determine whether the decline in federal drug sentences is real (rather than a statistical anomaly), and to identify and analyze possible causes of the decline. We …
U.S. Jury Reform: The Active Jury And The Adversarial Ideal, Valerie P. Hans
U.S. Jury Reform: The Active Jury And The Adversarial Ideal, Valerie P. Hans
Cornell Law Faculty Publications
In many countries, lay people participate as decision makers in legal cases. Some countries include their citizens in the justice system as lay judges or jurors, who assess cases independently. The legal systems of other nations combine lay and law-trained judges who decide cases together in mixed tribunals. The International Conference on Lay Participation in the Criminal Trial in the 21st Century provided useful contrasts among different methods of incorporating lay voices into criminal justice systems worldwide. Systems with inquisitorial methods are more likely to employ mixed courts, whereas adversarial systems more often use juries. Research presented at the Conference …
Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel
Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles
Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Illinois Judicial Conference Symposium, Anne Cote Fung
The Illinois Judicial Conference Symposium, Anne Cote Fung
Loyola University Chicago Law Journal
No abstract provided.
Linguistics In Law, Alani Golanski
Linguistics In Law, Alani Golanski
Alani Golanski
The "new textualism" is amenable to the use of linguists in legal cases. New textualists seek to interpret statutes "objectively," according to the "plain meaning" of the statutory terms; these jurists and scholars see plain-meaning analysis as linguistics, and linguistics as science. Law and linguistics pursue different ends, however, and linguists construing statutes will miss legally decisive issues. Modern linguistics theory is an area of central concern to cognitive psychologists as well as philosophers of mind and language. While not hegemonic, Chomsky's psychological program influences modern linguistics, and the linguist's approach often leads in a different direction from that taken …
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, 10 Wm. & Mary Bill Rts. J. 249 (2002), Samuel R. Olken
UIC Law Open Access Faculty Scholarship
In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and …
A Note On The Neutral Assignment Of Federal Appellate Judges, Carl W. Tobias
A Note On The Neutral Assignment Of Federal Appellate Judges, Carl W. Tobias
Law Faculty Publications
Response to J. Robert Brown, Jr. & Allison Herren Lee, Neutral Assignment of Judges at the Court of Appeals, 78 Tex. L. Rev. 1037 (2000).
Dear President Bush, Carl W. Tobias
Dear President Bush, Carl W. Tobias
Law Faculty Publications
Professor Tobias offers advice on judicial selection philosophy for the newly-elected President George W. Bush.
The Textualism Of Clarence Thomas: Anchoring The Supreme Court's Property Rights Jurisprudence To The Constitution , Nancie G. Marzulla
The Textualism Of Clarence Thomas: Anchoring The Supreme Court's Property Rights Jurisprudence To The Constitution , Nancie G. Marzulla
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Clarence Thomas After Ten Years: Some Reflections , Stephen J. Wermiel
Clarence Thomas After Ten Years: Some Reflections , Stephen J. Wermiel
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark
Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Paradox Of Judicial Bypass Proceedings, Jamin B. Raskin
The Paradox Of Judicial Bypass Proceedings, Jamin B. Raskin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai
Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai
Faculty Scholarship
In the absence of a specialized patent trial court with expertise in fact-finding, the Court of Appeals for the Federal Circuit often reviews de novo the many factual questions that pervade patent law. De novo review of fact by an appellate court is problematic. In the area of patent law, as in other areas of law, there are sound institutional justifications for the conventional division of labor that gives trial courts primary responsibility for questions of law. This Article identifies the problems created by de novo appellate review of fact and argues for the creation of a specialized trial court …
Clarence Thomas The First Ten Years: Looking For Consistency, Mark Niles
Clarence Thomas The First Ten Years: Looking For Consistency, Mark Niles
Faculty Articles
Dean Niles describes his observation and impression of the first ten years of Clarence Thomas’ judgeship. While Dean Niles admits that his own views are more liberal than Clarence Thomas’, he was not initially concerned about those differences. But as the days, weeks and years passed, notwithstanding Dean Niles’ early stoicism, serious concerns about the candidate, and later the Justice, began to arise. These concerns were not based on Justice Thomas' beliefs or ideology, but on a growing set of inconsistencies that began to arise between some of his beliefs and actions. With all due respect to a man who …
Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Part Ii, Kohei Nakabō, Yohei Suda
Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Part Ii, Kohei Nakabō, Yohei Suda
Washington International Law Journal
Based on the Judicial Reform Council's article, "Points at Issue in Judicial Reform," this paper analyzes basic issues regarding the current status of the Japanese attorney system and areas to be addressed in judicial reform. [This Article formed the basis of Mr. Nakabō's report at the thirteenth meeting of the Judicial Reform Council on February 22, 2000. It was originally published as the second part of a two part paper in SERIES JUDICIAL REFORM I: [LEGAL PROFESSIONAL TRAINING: THE LAW SCHOOL CONCEPT] (2000). The first part of the paper was translated in Kohei Nakabō, Judicial Reform and the State of …
Note On The Neutral Assignment Of Federal Appellate Judges, Carl Tobias
Note On The Neutral Assignment Of Federal Appellate Judges, Carl Tobias
San Diego Law Review
Neutral Assignment of Judges at the Court of Appeals (Neutral Assignment) substantially increases comprehension of the federal intermediate appellate courts. The most striking aspect of the recent article by Professor J. Robert Brown, Jr. and Ms. Allison Herren Lee is the revelation of new information which strongly suggests that the United States Court of Appeals for the Fifth Circuit did not randomly assign members of the federal bench to three-judge panels which heard cases involving desegregation and that this practice facilitated substantive results which favored integration. The material's release may well provoke controversy; however, Neutral Assignment is much more than …
Dissenting Opinions: In The Georgia Supreme Court, R. Perry Sentell Jr.
Dissenting Opinions: In The Georgia Supreme Court, R. Perry Sentell Jr.
Scholarly Works
Under our system of justice, each jurisdiction necessarily evolves its own distinct tradition of judicial dissent. That evolution's impetus, history, pattern, and results all converge in an informative profile--affording yet another means of studying a state's highest appellate court. A dissent profile of the Georgia Supreme Court thus offers an additional evaluative view of the state's most important judicial cathedral.
Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman
Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman
Faculty Publications
No abstract provided.
Changing The Face Of The Law: How Women's Advocacy Groups Put Women On The Federal Judicial Appointments Agenda, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Vanderbilt Law School Faculty Publications
The institutional legitmacy of the judiciary depends on the quality of the judgments that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public expects judges to avoid making systematic errors that favor particular parties or writing opinions that embed these mistakes into the substantive law. Psychological research on human judgment, however, suggests that this expectation might be unrealistic.
Revisiting Erie, Guaranty Trust, And Gasperini: The Role Of Jewish Social History In Fashioning Modern American Federalism, Daniel R. Gordon
Revisiting Erie, Guaranty Trust, And Gasperini: The Role Of Jewish Social History In Fashioning Modern American Federalism, Daniel R. Gordon
Seattle University Law Review
This article explores the connection between traditional Jewish localism and the creation of modern American federalism that flows from the Erie doctrine. First, the riddle of Gasperiniis explored. Next, the federalist philosophies of Justices Brandeis and Frankfurter in Erie and Guaranty Trust are discussed. Finally, the article analyzes how Justices Brandeis, Frankfurter, and Ginsburg, as twentieth century American Jews, embody the traditional Jewish minority experience that, at least in part, was informed by anti-Semitism.
Judicial Selection And Political Culture, Jonathan L. Entin
Judicial Selection And Political Culture, Jonathan L. Entin
Faculty Publications
This article proceeds in four stages. Part I examines the major rulings, relating to tort reform and school funding, that prompted the harsh and expensive Ohio campaign. Part II compares the process for appointing federal judges, particularly Supreme Court justices, which has also become notably contentious over the past three decades. Part III discusses the trend away from strict limitations on campaign speech by judicial candidates, which combined with the expansive protections afforded to independent expenditures in election campaigns will facilitate sharp rhetoric by those inclined in that direction. Finally, Part IV assesses the prospects for elevating the level of …
Mixed Signals: The Limited Role Of Comparative Analysis In Constitutional Adjudication
Mixed Signals: The Limited Role Of Comparative Analysis In Constitutional Adjudication
San Diego Law Review
Judges and academics are divided as to whether the resolution of constitutional disputes must turn wholly on domestic inputs or if there is in fact any room in United States constitutional jurisprudence to learn from the experiences of other nations. Objections to the practice
premised upon the assertions that constitutional solutions should derive from purely domestic sources and that fundamental differences in constitutional systems will render attempts to transplant solutions ineffective. The purpose of this discussion is to show (1) that courts do in fact use comparative analysis in the interpretation of the Constitution, (2) that courts use foreign materials …
Choosing The Judges Who Choose The President, John C. Nagle
Choosing The Judges Who Choose The President, John C. Nagle
Journal Articles
The stakes for the selection of judges have never been so high. Federal and state court judges have ruled on such divisive issues as education funding, exclusionary zoning, capital punishment, same-sex marriages, school prayer, affirmative action, partial birth abortion, and legislative redistricting.
The selection of those who possess such awesome powers is bound to be contested. But the mode of choosing judges is a secondary question. The debate concerning the selection of judges is fueled by a broader debate about the appropriate role of judges.
The procedures for choosing those judges are caught up in this larger substantive debate, and …
Are You Willing To Make The Commitment In Writing? The Apa, Aljs, And Ssa, Jeffrey Scott Wolfe
Are You Willing To Make The Commitment In Writing? The Apa, Aljs, And Ssa, Jeffrey Scott Wolfe
Oklahoma Law Review
No abstract provided.
Judge Procter Hug, Jr. And Good Judgment, Carl W. Tobias
Judge Procter Hug, Jr. And Good Judgment, Carl W. Tobias
Law Faculty Publications
Tribute to Judge Procter R. Hug, Jr. upon assuming Senior Status as a United Circuit Judge.
Judicial Mindfulness, Evan R. Seamone
Judicial Mindfulness, Evan R. Seamone
Journal Articles
Like all human beings, judges are influenced by personal routines and behaviors that have become second nature to them or have somehow dropped below the radar of their conscious control. Professor Ellen Langer and others have labeled this general state "mindlessness." They have distinguished "mindful" thinking as a process that all people can employ to gain awareness of subconscious influences, and thus increase the validity of their decisions. In this Article, I establish a theory of "judicial mindfulness" that would guard against two types of "cold" bias when interpreting legal materials. The first harmful bias involves traumatic past events that …