Law Commons^™

S23rs Sgcr's No. 1-30, Harris Quadir

Student Senate Enrolled Legislation

To appoint specified persons to their respective position

F22rs Sgcr No. 2-7, 10-49, 51-85 (Appointments And Vacancies), Olivia Devall

Student Senate Enrolled Legislation

To appoint a member or fill a vacancy

The Principle Of Equality In Public Service Appointments And Its Application In Administrative Judicial Stipulations A Comparative Study, Musa Shehada

UAEU Law Journal

The purpose of this research is to analyses the principle of equality in choosing between applicants for public service vacancies as it is one of serval fundamental principles governing appointment in public service.

The study concluded that discrimination among candidates for public service vacancies on the basis of political, religious or sex considerations is not admissible under the Internationl conventions and constitutions of states.

Though the suitability of a nominee to occupy a certain vacancy is to be decided by the concerned authority according to its discretionary power, yet such decision should not be a basis of error in law, …

Law School News: Fall 2020 Reopening: The Faq 07-09-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Partisan Voting On The California Supreme Court, Mark P. Gergen, David A. Carrillo, Benjamin M. Chen, Kevin M. Quinn

Faculty Articles

When did ideology become the major fault line of the California Supreme Court? To answer this question, we use a two-parameter item response theory (IRT) model to identify voting patterns in non-unanimous decisions by California Supreme Court justices from 1910 to 2011. The model shows that voting on the court became polarized on recognizably partisan lines beginning in the mid-1900s. Justices usually did not vote in a pattern that matched their political reputations and party affiliation during the first half of the century. This began to change in the 1950s. After 1959 the dominant voting pattern is partisan and closely …

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.

Show Me The Money: An Empirical Analysis Of Interest Group Opposition To Federal Courts Of Appeals Nominees, Donald E. Campbell, Marcus Hendershot

Journal Articles

Contemporary views of the federal judicial appointment process are grounded in themes of obstruction and gridlock. Within this environment, interest groups find fertile ground to target, and sometimes successfully oppose, judicial nominees that once automatically moved through the appointment process and ended in confirmation. While interest group involvement and influence is an accepted fact, much less is known about the efficacy of these groups in carrying out their objective of correctly identifying ideological outlier nominees. This article asks the question: Do interest groups correctly identify and target nominees who are ideological outliers? The article implements a research design that evaluates …

James Wilson As The Architect Of The American Presidency, Christopher S. Yoo

All Faculty Scholarship

For decades, James Wilson has been something of a “forgotten founder.” The area where commentators generally recognize Wilson’s influence at the Convention is with respect to Article II, which establishes the executive and defines its powers. Most scholars characterize him as a resolute advocate of an independent, energetic, and unitary presidency, and a particularly successful one at that. In this regard, some scholars have generally characterized Wilson’s thinking as overly rigid. Yet a close examination of the Convention reveals Wilson to be more flexible than sometimes characterized. With respect to many aspects of the presidency, including the appointment power, the …

Judge Gorsuch On Empathy And Institutional Design, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Newsroom: Logan On Judicial Diversity 12-09-2016, Kate Nagle, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Confirm Myra Selby For The Seventh Circuit, Carl W. Tobias

Law Faculty Publications

President Barack Obama recently nominated Myra Selby for a vacancy on the U.S. Court of Appeals for the Seventh Circuit. The nominee is a highly accomplished lawyer who has compiled a distinguished record in both the public and private sectors. For example, Selby was the first African American to earn partnership in a substantial Indianapolis law firm, and both the first African American and the first female Justice to serve on the Indiana Supreme Court. Therefore, concerted White House attempts to confirm her were unsurprising. Nonetheless, with 2016 being a presidential election year, delays have inevitably infused appointments, which have …

News @ Georgia Law, May 2015, Office Of Communications And Public Relations

News @ UGA School of Law

Yates confirmed as U.S. deputy attorney general; U.S. District Court Judge Steve Jones to deliver Georgia Law commencement speech; Burch receives American Law Institute's Young Scholars Medal; Hashimoto named Josiah Meigs Distinguished Teaching Professor and associate dean for clinical programs and experiential learning; Moser to lead advancement office; Hunnicutt, Loudermilk and White receive DSS Awards; Brown, Ringhand and Turner recognized by students, other Awards Day honors; Eaton and Wood appointed to law school's Board of Visitors; Notable faculty scholarship; Students recorded strong finishes in advocacy and negotiation competitions; White and Blanchard receive awards from UGA Alumni Association; Six Georgia Law …

The Uncertain Effects Of Senate Confirmation Delays In The Agencies, Nina A. Mendelson

Articles

As Professor Anne O’Connell has effectively documented, the delay in Senate confirmations has resulted in many vacant offices in the most senior levels of agencies, with potentially harmful consequences to agency implementation of statutory programs. This symposium contribution considers some of those consequences, as well as whether confirmation delays could conceivably have benefits for agencies. I note that confirmation delays are focused in the middle layer of political appointments—at the assistant secretary level, rather than at the cabinet head—so that formal functions and political oversight are unlikely to be halted altogether. Further, regulatory policy making and even agenda setting can …

Plausible Absurdities And Practical Formalities: The Recess Appointments Clause In Theory And Practice, David Frisof

Michigan Law Review

The recent controversy surrounding President Obama’s recess appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau while the Senate was holding pro forma sessions illustrates the need to reach a new understanding of the Recess Appointments Clause of the Constitution. For the Recess Appointments Clause to be functional, it must fulfill two essential constitutional purposes: it must act as a fulcrum in the separation of powers, and it must ensure the continued exercise of the executive power. Achieving this functionality depends not only on the formal constructions of the Clause but also on the ways in …

Ideology, Qualifications, And Covert Senate Obstruction Of Federal Court Nominations, Ryan Owens, Daniel Walters, Ryan Black, Anthony Madonna

Ryan Owens

Scholars, policymakers, and journalists have bemoaned the emphasis on ideology over qualifications and party over performance in the judicial appointment process. Though, for years, the acrimony between the two parties and between the Senate and President remained limited to appointments to the United States Supreme Court, the modern era of judicial appointments has seen the so-called “appointments rigor mortis” spread throughout all levels of judicial appointments. A host of studies have examined the causes and consequences of the growing acrimony and obstruction of lower federal court appointments, but few rely on archival data and empirical evidence to examine the underlying …

A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe

Mahurin Honors College Capstone Experience/Thesis Projects

This thesis explores the relationship between judicial independence and judicial accountability by investigating the question of how selection methods shape state appellate court decisions. I conducted a case study using the states of Tennessee and Kentucky and the judicial selection methods of appointments and elections. I then conducted a sample of cases and did a comparative quantitative analysis of reversal records between the two states in the hopes of finding a statistical difference from my research. The debate between judicial selection methods is not a simple question and this thesis alone cannot provide the answer, but I hope that my …

Case-By-Case Adjudication And The Path Of The Law, Anthony Niblett

Anthony Niblett

How can a centrist president or governor best influence law through the appointment of judges? Imagine that there are two sitting judges and one of the positions becomes vacant. The other, veteran judge is on the extreme right, from the perspective of the executive, and the executive prefers centrist outcomes. Should the executive appoint a centrist or, instead, appoint a left-wing extremist who might offset the sitting, right-wing judge? Conventional wisdom holds that judges counteract, or balance, one another; that is, a left-wing appointment carries the best hope offsetting the existing, right-wing judge. Following this intuition, a moderate appointment would …

The Limits Of Presidential Recess Appointment Power, Michael Mcnerney

Legislation and Policy Brief

The purpose of this article is to examine the constitutional, legislative, and traditional authority of the President to make recess appointments. The second section discusses the background of the current debate by framing the issue in the context of recent controversial appointments. The third section examines the constitutional language and common law interpretation of the President’s authority. The fourth section looks at appointment power legislation passed by Congress. The fifth section provides parliamentary and legislative recommendations for Congress to act upon to keep its authority. The article concludes by providing a final examination of the reason for a limited presidential …

Owen J. Roberts, Richard D. Friedman

Book Chapters

Roberts, Owen Josephus (1875-1955). Lawyer and U.S. Supreme Court justice. Roberts was born in Philadelphia and graduated from the University of Pennsylvania in 1895 and from its law school in 1898. He taught there part-time beginning almost immediately until 1919, reaching the rank of full professor in 1907. While operating a profitable dairy farm, Roberts practiced law privately, punctuated by a three-year stint beginning in 1901 as first assistant district attorney of Philadelphia County. Tall and robust, he made a striking figure in both classroom and courtroom.

The Two Appointments Clauses: Statutory Qualifications For Federal Officers, Hanah M. Volokh

Hanah M. Volokh

Congress often exercises control over appointments to federal office by writing job qualifications and putting them directly into the statute creating the office. This practice is best examined by viewing the Appointments Clause not as a single entity, but as two related clauses that set up two very different methods of appointment: presidential nomination and Senate confirmation as the default method, and vesting in one of three authorized positions as an optional alternative method for certain types of officers. When creating an office, Congress must choose one of these methods for appointing the officer, but cannot create a hybrid method …

S08rs Sgb No. 4 (Bylaws), Palermo

Student Senate Enrolled Legislation

No abstract provided.

More Women On Corporate Boards? Not So Fast, Jayne W. Barnard

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Law, Politics, And The Appointments Process, Bradley W. Joondeph

Faculty Publications

In recent years, many commentators have called for the "depoliticization" of the judicial appointments process, arguing that politics and ideology have wrongly displaced objective merit in the selection of federal judges. In their book, Advice and Consent: The Politics of Judicial Appointments, Lee Epstein and Jeffrey Segal demonstrate why such prescriptions are misguided. Epstein and Segal are political scientists, not law professors, and thus have no normative stake in protecting constitutional law from politics, the preoccupation of many constitutional theorists. Instead, their aim is purely positive: to explain how the appointments process has actually functioned over the course of the …

The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan

Donald J. Kochan

Can a man be the Director of the Women’s Bureau at the Department of Labor? According to Congress, the answer is no. Congress has stated by statute that a woman must be the nominee to head the Women’s Bureau at the Department of Labor. The key questions are: (1) even if it makes sense on policy grounds, is it constitutional? and (2) if we accept such a statutory limitation power what are the potential precedential consequences for other appointment matters? This Article’s case study is particularly relevant today, examining just how far Congress can go to limit the discretion of …

To Elect Or Not To Elect: A Case Study Ofjudicial Selection In New York City 1977-2002, Steven Zeidman

University of Michigan Journal of Law Reform

This Article examines the process of judicial selection in New York State in light of the recent court decisions in White and Spargo, which have paved the way for increased campaign speech in judicial elections. Relying on empirical data to compare judicial elections and appointments in New York City between 1977 and 2002, the Article finds that elections produce a judiciary that is more beholden to interest groups than one generated through appointments. The consequence of this greater special interest involvement is an erosion of public trust and confidence in the judiciary. Moreover while elections arguably have increased diversity in …

The Increading Politicization Of The American Judiciary: Republican Party Of Minnesota V. White And Its Effects On Future Judicial Selection In State Courts, Brendan H. Chandonnet

William & Mary Bill of Rights Journal

No abstract provided.

Putting The Supreme Court Back In Place: Ideology, Yes; Agenda, No, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

This essay is about the permanent damage to the Supreme Court and to the country that may occur if the current approach to judicial appointments continues, and offers an approach to the nomination and confirmation of Supreme Court justices that will help put the Court back in its proper place - out of the eye of the elective political storm.

Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt

Duke Law Journal

No abstract provided.

Vacant Reform: Why The Federal Vacancies Reform Act Of 1998 Is Unconstitutional, Joshua L. Stayn

Duke Law Journal

No abstract provided.

Civil Service Appointments And Promotions, Lisa Hill

Touro Law Review

No abstract provided.