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Full-Text Articles in Law
The Play’S The Thing: A Response To Judge Benjamin Beaton, Aaron J. Walayat
The Play’S The Thing: A Response To Judge Benjamin Beaton, Aaron J. Walayat
Pepperdine Law Review
In a recent speech, later published as an essay, the Hon. Benjamin Beaton of the United States District Court for the Western District of Kentucky shared his critical suggestions against the use of the honorific “Your Honor,” preferring instead the more neutral title “judge.” Judge Beaton’s reason for this preference stems from a fear that the current practice of judicial titles emphasizes status over function, which may inflate the individual judge’s ego while miscommunicating to the public that judges make, rather than find, law. This position, however, is misguided. Judicial titles emphasize the authority of the law through the authority …
What Are The Judiciary’S Politics?, Michael W. Mcconnell
What Are The Judiciary’S Politics?, Michael W. Mcconnell
Pepperdine Law Review
What are the politics of the federal judiciary, to the extent that the federal judiciary has politics? Whose interests do federal judges represent? This Essay puts forward five different kinds of politics that characterize the federal judiciary. First, the federal judiciary represents the educated elite. Second, the federal judiciary represents past political majorities. Third, the federal judiciary is more politically balanced than the legislative or executive branches. Fourth, the federal judiciary is organized by regions, and between those regions there is significant diversity. Fifth, to the extent that the judiciary leans one way or the other, it leans toward the …
The Small Claims Court: Justice For The Poor Or Convenience For The Businessman, Charles T. Eye
The Small Claims Court: Justice For The Poor Or Convenience For The Businessman, Charles T. Eye
Pepperdine Law Review
No abstract provided.
Judges “On The Take:” A Formula For Financial Security , Harry A. Halkowich
Judges “On The Take:” A Formula For Financial Security , Harry A. Halkowich
Pepperdine Law Review
No abstract provided.
Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes
Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes
Pepperdine Law Review
The quality of our judicial system, like other institutions, is a function of the work performed by those who are afforded major roles in the dispensation of justice. Unmistakably. judges, jurors and lawyers assume key roles in this process. Professor Aynes, who is a member of the A.B.A.'s Evaluation of Judicial Performance Committee, recognizes that both judges and lawyers, unlike jurors, are professionals expected to bring more to the bench than honesty, good faith and diligence. The author observes that while efforts to improve the daily performance of attorneys have been well under way since the early 1970's, it i …
Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods
Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods
Pepperdine Law Review
No abstract provided.
Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley
Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley
Pepperdine Law Review
No abstract provided.
Introduction, Ronald F. Phillips
Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert
Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert
Pepperdine Law Review
No abstract provided.
Statutory Interpretation Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making , R. Randall Kelso
Statutory Interpretation Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making , R. Randall Kelso
Pepperdine Law Review
No abstract provided.
The Rule Of Law For Judges, Thomas M. Reavley
The Rule Of Law For Judges, Thomas M. Reavley
Pepperdine Law Review
No abstract provided.
The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer Iii
The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer Iii
Pepperdine Law Review
No abstract provided.
The Judicial Appointment Process, John Tunney
The Judicial Appointment Process, John Tunney
Pepperdine Law Review
No abstract provided.
Introduction , J. Matt Williams
Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges , Michael I. Meyerson, William Meyerson
Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges , Michael I. Meyerson, William Meyerson
Pepperdine Law Review
This article will explore several areas in which judges, hampered by their mathematical ignorance, have permitted numerical analysis to subvert the goals of our legal system. In Part II, I will examine the perversion of the presumption of innocence in paternity cases, where courts make the counter-factual assumption that regardless of the evidence, prior to DNA testing, a suspect has a 50/50 chance of being the father. In Part III, I will explore the unnecessary injection of race into trials involving the statistics of DNA matching, even when race is entirely irrelevant to the particular case. Next, in Part IV, …