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2008

Judges

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Articles 1 - 30 of 65

Full-Text Articles in Law

Prologue To District Of Columbia Democracy And The Third Branch Of Government, John W. Nields, Timothy J. May Dec 2008

Prologue To District Of Columbia Democracy And The Third Branch Of Government, John W. Nields, Timothy J. May

University of the District of Columbia Law Review

Why does the President of the United States appoint the judges of the District of Columbia's local court system? Why is the District of Columbia's local court system funded and overseen by the United States Congress? Why does the United States Attorney for the District of Columbia and not the Attorney General for the District of Columbia function as a local prosecutor, prosecuting most D.C. Code crimes in the District of Columbia's courts? The four essays which follow this introduction explore the rich history behind these unusual structural features of the District of Columbia government; they present the arguments for …


A Thirty-Year Retrospective. Comments Of The Honorable Gregory E. Mize (Ret.), Gregory E. Mize Dec 2008

A Thirty-Year Retrospective. Comments Of The Honorable Gregory E. Mize (Ret.), Gregory E. Mize

University of the District of Columbia Law Review

No abstract provided.


Comments On Who Appoints D.C. Judges, Daniel A. Rezneck Dec 2008

Comments On Who Appoints D.C. Judges, Daniel A. Rezneck

University of the District of Columbia Law Review

No abstract provided.


Keynote Address Of Congresswoman Eleanor Holmes Norton, Eleanor Holmes Norton Dec 2008

Keynote Address Of Congresswoman Eleanor Holmes Norton, Eleanor Holmes Norton

University of the District of Columbia Law Review

No abstract provided.


The District Of Columbia's Judicial Selection Process: The Good, The Bad, And The Ugly, Patricia M. Worthy Dec 2008

The District Of Columbia's Judicial Selection Process: The Good, The Bad, And The Ugly, Patricia M. Worthy

University of the District of Columbia Law Review

No abstract provided.


The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum Dec 2008

The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum

University of the District of Columbia Law Review

No abstract provided.


Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller Dec 2008

Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller

University of the District of Columbia Law Review

Since 1970, the District of Columbia court system has been comprised of the District of Columbia Court of Appeals and the Superior Court of the District of Columbia.' From the time of the establishment of the District, judges of its courts have been appointed by the President of the United States, acting on the advice of the Attorney General. When the general issue of District home rule came before Congress in the 1960s, one of the subjects considered was the judicial appointment process. In 1970, the District of Columbia Court Reform and Criminal Procedure Act 2 continued the Presidential appointment …


The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson Dec 2008

The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson

The University of New Hampshire Law Review

[Excerpt] “The following article documents the judicial career of Justice David Souter from his time served as an attorney general and state judge in New Hampshire until his recent tenure on the U.S. Supreme Court. Based upon his written opinions and individual votes, Justice Souter clearly has evolved into a more liberal jurist than ideological conservatives would have preferred in the area of criminal justice. Over the course of his judicial career, Justice Souter has gained respect as an intellectual scholar by attempting to completely understand both sides of a dispute and applying precedent and legal rules in a flexible—albeit …


A Narrow Path To Diversity: The Constitutionality Of Rezoning Plans And Strategic Site Selection Of Schools After Parents Involved, Steven T. Collis Dec 2008

A Narrow Path To Diversity: The Constitutionality Of Rezoning Plans And Strategic Site Selection Of Schools After Parents Involved, Steven T. Collis

Michigan Law Review

Justice Kennedy's concurrence in Parents Involved in Community Schools v. Seattle School District Number 1 raised an important and timely constitutional issue: whether the Constitution permits K-12 public school districts not under existing desegregation orders to use site selection of new schools or rezoning plans to achieve racial diversity. Numerous scholars and journalists have interpreted Justice Kennedy's concurrence as explicitly answering the question in the affirmative. This Note argues that the opposite is true. Justice Kennedy's past jurisprudence, as well as his language in Parents Involved, favors the use of strict scrutiny. Indeed, in Parents Involved, Justice Kennedy …


Issue 1: Table Of Contents Nov 2008

Issue 1: Table Of Contents

University of Richmond Law Review

No abstract provided.


Reconsidering Virginia Judicial Selection, Carl W. Tobias Nov 2008

Reconsidering Virginia Judicial Selection, Carl W. Tobias

University of Richmond Law Review

No abstract provided.


Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr. Nov 2008

Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.

University of Richmond Law Review

No abstract provided.


Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz Nov 2008

Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz

Michigan Law Review

This Article examines whether U.S. district court judges improve their skills at patent claim construction with experience, including the experience of having their own cases reviewed by the Court of Appeals for the Federal Circuit. In theory, higher courts teach doctrine to lower courts via judicial decisions, and lower courts learn from these decisions. This Article tests the teaching-and-learning premise on the issue of claim construction in the realities of patent litigation. While others have shown that the Federal Circuit reverses a large percentage of lower court claim constructions, no one has analyzed whether judges with more claim construction appeal …


Solidifying Judicial Discretion Through Statutory Interpretation: The Implications Of United States V. Nelson On Criminal Sentencing, Tashama Williams Oct 2008

Solidifying Judicial Discretion Through Statutory Interpretation: The Implications Of United States V. Nelson On Criminal Sentencing, Tashama Williams

North Carolina Central Law Review

No abstract provided.


Limiting The Federal Pardon Power, Kristen H. Fowler Oct 2008

Limiting The Federal Pardon Power, Kristen H. Fowler

Indiana Law Journal

No abstract provided.


Judicial Independence: A Call For Reform, Terence J. Lau Oct 2008

Judicial Independence: A Call For Reform, Terence J. Lau

Nevada Law Journal

No abstract provided.


Only Skin Deep?: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench, Sylvia R. Lazos Vargas Oct 2008

Only Skin Deep?: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench, Sylvia R. Lazos Vargas

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox Jul 2008

[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox

University of Arkansas at Little Rock Law Review

No abstract provided.


Family Law & Civil Procedure - Daddy Dilemma: Should The Truth Matter? Martin V. Pierce, No. 06-950, 2007 Wl 1447911 (Ark. May 17, 2007), Katie S. Allen Jul 2008

Family Law & Civil Procedure - Daddy Dilemma: Should The Truth Matter? Martin V. Pierce, No. 06-950, 2007 Wl 1447911 (Ark. May 17, 2007), Katie S. Allen

University of Arkansas at Little Rock Law Review

No abstract provided.


The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray Jul 2008

The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray

Indiana Law Journal

No abstract provided.


Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson Jul 2008

Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson

University of Arkansas at Little Rock Law Review

No abstract provided.


Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith Jul 2008

Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith

University of Arkansas at Little Rock Law Review

No abstract provided.


Judicial Review And American Constitutional Exceptionalism, Miguel Schor Jul 2008

Judicial Review And American Constitutional Exceptionalism, Miguel Schor

Osgoode Hall Law Journal

This article challenges the conventional view of the pervasiveness of American-style judicial review. It questions why social movements contest constitutional meaning by fighting over judicial appointments in the United States, and why this strategy makes little sense in democracies that constitutionalized rights in the late twentieth century. The United States has been both a model and an anti-model in the global spread of judicial review, as the hope of Marbury (constitutionalized rights) has been tempered by the fear of Lochner [courts run amok). In reconciling Marbury and Lochner, other polities have adopted stronger mechanisms of judicial accountability that make it …


Post-Amendment 80 Judicial Politics In Arkansas: Have The Changes Undermined The Argument For Selection By Appointment?, Jay Barth Jul 2008

Post-Amendment 80 Judicial Politics In Arkansas: Have The Changes Undermined The Argument For Selection By Appointment?, Jay Barth

University of Arkansas at Little Rock Law Review

No abstract provided.


Issue 5: Table Of Contents May 2008

Issue 5: Table Of Contents

University of Richmond Law Review

No abstract provided.


Author Index May 2008

Author Index

University of Richmond Law Review

No abstract provided.


Subject Index May 2008

Subject Index

University of Richmond Law Review

No abstract provided.


Title Index May 2008

Title Index

University of Richmond Law Review

No abstract provided.


Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias May 2008

Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias

University of Richmond Law Review

No abstract provided.


Case Index May 2008

Case Index

University of Richmond Law Review

No abstract provided.