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Full-Text Articles in Law
Managing Mass Tort Class Actions: Judicial Politics And Rulemaking In Three Acts, Toby S. Goldbach
Managing Mass Tort Class Actions: Judicial Politics And Rulemaking In Three Acts, Toby S. Goldbach
University of Miami Law Review
Judges take part in a variety of non-adjudicative tasks that shape the structure of litigation. In addition to their managerial functions, judges sit as administrative heads of court. They participate in civil justice reform projects and develop procedures for criminal and civil trials. What norms and principles ought to guide judges in this other work? In their casework we expect judges to be neutral and fair, setting aside politics and rationally following the law. Indeed, this article will demonstrate that there is good reason to insist on these qualities in both judges’ case-related and broader court-related reform activities. To test …
Filling Lower Court Vacancies In Congress' Lame Duck Session, Carl Tobias
Filling Lower Court Vacancies In Congress' Lame Duck Session, Carl Tobias
Law Faculty Publications
In this midterm election year of 2022, the nation’s divided political parties are in a battle royale to win the exceedingly close Senate majority. One important explanation for the fight is that the party which assumes the next Senate majority will necessarily have considerable power to affect the confirmation of federal judges. For example, during Donald Trump’s presidency, Republicans controlled the Senate; therefore, the chief executive and the upper chamber proposed and confirmed fifty-four accomplished,
extremely conservative, young appeals court, and 174 district court, jurists. The Republican White House and Senate majority confirmed judges by rejecting or deemphasizing the rules …