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Articles 181 - 210 of 2133
Full-Text Articles in Law
Judging In The Age Of Technology, Fredric I. Lederer
Judging In The Age Of Technology, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Needed: An Independent Military Judiciary- A Proposal To Amend The Uniform Code Of Military Justice, Fredric I. Lederer, Barbara S. Hundley
Needed: An Independent Military Judiciary- A Proposal To Amend The Uniform Code Of Military Justice, Fredric I. Lederer, Barbara S. Hundley
Fredric I. Lederer
No abstract provided.
Government Lawyers And The New Deal, Neal Devins
Finding Data And Statistics On Judges, Leslie A. Street
Finding Data And Statistics On Judges, Leslie A. Street
Leslie A. Street
No abstract provided.
'"Ideology" Or "Situation Sense"? An Experimental Investigation Of Motivated Reasoning And Professional Judgment, Dan M. Kahan, David Hoffman, Danieli Evans, Neal Devins, Eugene Lucci, Katherine Cheng
'"Ideology" Or "Situation Sense"? An Experimental Investigation Of Motivated Reasoning And Professional Judgment, Dan M. Kahan, David Hoffman, Danieli Evans, Neal Devins, Eugene Lucci, Katherine Cheng
Neal E. Devins
This Article reports the results of a study on whether political predispositions influence judicial decisionmaking. The study was designed to overcome the two principal limitations on existing empirical studies that purport to find such an influence: the use of nonexperimental methods to assess the decisions of actual judges; and the failure to use actual judges in ideologically-biased-reasoning experiments. The study involved a sample of sitting judges (n = 253), who, like members of a general public sample (n = 800), were culturally polarized on climate change, marijuana legalization and other contested issues. When the study subjects were assigned to analyze …
Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas
Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl
Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran
Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran
Political Science Honors Projects
It is now a fixture of mainstream commentary in the United States that Supreme Court Justice Ruth Bader Ginsburg has become a popular idol on the political left. Yet, while Justice Ginsburg’s image and story has reached an unprecedented level of valorization and even commercialization, scholars have yet to give sustained attention to the phenomenon and to contextualize it: why has this idolization emerged within this context, and what is its impact? This paper situates her portrayal in the cultural imagination as the product of two political forces, namely partisanship and identity politics. Considering parallel scholarly discourses of reputation, celebrity, …
Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl
Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
The Power Of Imagination: Diversity And The Education Of Lawyers And Judges, Barry Sullivan
The Power Of Imagination: Diversity And The Education Of Lawyers And Judges, Barry Sullivan
Barry Sullivan
No abstract provided.
Law Library Blog (July 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (July 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Judging During Crises: Can Judges Protect The Facts?, Lissa Griffin
Judging During Crises: Can Judges Protect The Facts?, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
With the advent of instantaneous information and the trend toward shrinking adherence to the truth, the conversation surrounding the ability of judges to conduct outside research into the matters before them is gaining urgency. In a “post-truth” world, the role that the judiciary plays in our democracy must shift from trier of fact to guardian of factual integrity. And to do this, the professional ethics rules assigned to the judiciary may need re-evaluation.
This Essay argues that the judiciary's ambivalence to its role as fact finder must be overcome, and where appropriate, judges may be empowered to seek out supplemental …
State Constitutionalism In The Age Of Party Polarization, Neal Devins
State Constitutionalism In The Age Of Party Polarization, Neal Devins
Faculty Publications
No abstract provided.
Judging Judges Fifty Years After – Was Judge Julius Hoffman’S Conduct So Different?, Bennett L. Gershman
Judging Judges Fifty Years After – Was Judge Julius Hoffman’S Conduct So Different?, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
In Chicago, Illinois--and in courtrooms across the United States--judicial misconduct has affected trial outcomes as long as there have been trials. While Judge Julius Hoffman's conduct in the “Chicago Eight” trial is an egregious example of judicial behavior toward criminal defendants, this piece's examination of at least ten different categories of misconduct in dozens of cases makes the argument that misbehavior by judges is less of an exception to the rule of impartiality than the thinking public might know. In considering these brazen examples, practitioners and academics alike can evaluate how to best confront the extent to which conduct like …
Just Listening: The Equal Hearing Principle And The Moral Life Of Judges, Barry Sullivan
Just Listening: The Equal Hearing Principle And The Moral Life Of Judges, Barry Sullivan
Barry Sullivan
No abstract provided.
A Brief History Of Judicial Appointments From The Last 50 Years Through The Trump Administration, Donald F. Mcgahn Ii
A Brief History Of Judicial Appointments From The Last 50 Years Through The Trump Administration, Donald F. Mcgahn Ii
William & Mary Law Review Online
This is the transcript of a lecture Mr. McGahn delivered at William & Mary Law School on November 19, 2018.
Stacking In Criminal Procedure Adjudication;Symposium On Criminal Procedure: Judicial Proceedings, Luke M. Milligan
Stacking In Criminal Procedure Adjudication;Symposium On Criminal Procedure: Judicial Proceedings, Luke M. Milligan
Luke Milligan
The institutionalist branch of "Law and Courts" studies how judges incorporate institutional constraints into their decision-making processes. Congressional constraints on judicial review, as the literature currently stands, fall into one of two general classes: overrides and Court-curbing measures. This taxonomy, however, is incomplete. Neither overrides nor curbing measures are needed to explain the not uncommon situation where a policy-oriented Justice deviates from a preferred vote based on the belief that such a vote will prompt Congress to alter an "insulated base rule" in a way that disrupts the Justice's larger policy agenda. An "insulated base rule" is a Congressional policy …
Law School News: Law Graduates Urged To 'Help Bring Society Together' 05-17-2019, Michael M. Bowden
Law School News: Law Graduates Urged To 'Help Bring Society Together' 05-17-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
William & Mary Law Review
Injustice in criminal cases often takes root before trial begins. Overworked criminal judges must resolve difficult pretrial evidentiary issues that determine the charges the State will take to trial and the range of sentences the defendant will face. Wrong decisions on these issues often lead to wrongful convictions. As behavioral law and economic theory suggests, judges who are cognitively busy and receive little feedback on these topics from appellate courts rely upon intuition, rather than deliberative reasoning, to resolve these questions. This leads to inconsistent rulings, which prosecutors exploit to expand the scope of evidentiary exceptions that almost always disfavor …
First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019, Roger Williams University School Of Law
First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: National Admiralty Champs! April 4, 2019, Michael M. Bowden
Law School News: National Admiralty Champs! April 4, 2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Fallen Woman (Re) Frame: Judge Jean Hortense Norris, New York City - 1912-1955, Mae C. Quinn
Fallen Woman (Re) Frame: Judge Jean Hortense Norris, New York City - 1912-1955, Mae C. Quinn
Journal Articles
No abstract provided.
Fallen Woman Further (Re)Framed: Jewels And Travels, Tragedies And Secrets, Judge Hortense Norris, Mae Quinn
Fallen Woman Further (Re)Framed: Jewels And Travels, Tragedies And Secrets, Judge Hortense Norris, Mae Quinn
Journal Articles
No abstract provided.
Taking Laughter Seriously At The Supreme Court, Matthew Sag
Taking Laughter Seriously At The Supreme Court, Matthew Sag
Faculty Publications & Other Works
Laughter in Supreme Court oral arguments has been misunderstood, treated as either a lighthearted distraction from the Court's serious work, or interpreted as an equalizing force in an otherwise hierarchical environment. Examining the more than nine thousand instances of laughter witnessed at the Court since 1955, this Article shows that the Justices of the Supreme Court use courtroom humor as a tool of advocacy and a signal of their power and status. As the Justices have taken on a greater advocacy role in the modern era, they have also provoked more laughter. The performative nature of courtroom humor is apparent …
Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell
Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank
Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank
All Faculty Scholarship
Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as …
The Myth Of The Country Lawyer, Judy Cornett, Heather Bosau
The Myth Of The Country Lawyer, Judy Cornett, Heather Bosau
College of Law Faculty Scholarship
No abstract provided.
Judicial Activism In Trial Courts, Bruce A. Green, Rebecca Roiphe
Judicial Activism In Trial Courts, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
No abstract provided.
Sentencing Length Disparities: Assessing Why Race And Gender Influence Judges’ Decisions, Janna Akers
Sentencing Length Disparities: Assessing Why Race And Gender Influence Judges’ Decisions, Janna Akers
Scripps Senior Theses
The purpose of this study is to assess why the race and gender of defendants influence judges’ decisions using the focal concern theory. This study will require around 84 participants. Participants will be federal judges who will be recruited via email. In an online survey, participants will be randomly assigned to one of four conditions . Participants will all read a vignette which an individual was convicted for in trafficking of Xanax. The vignette will be manipulated by the name and accompanying a mugshot based on the race (Black/White) and gender (male/female) of the defendant. The expected result is that …
An Alternative Path To Rule Of Law: Thailand's Twenty-First Century Administrative Courts, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok
An Alternative Path To Rule Of Law: Thailand's Twenty-First Century Administrative Courts, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok
Articles & Chapters
New courts in Asia’s rapidly developing states offer an opportunity to understand how a court system takes root in a society. This article presents a case study of the development of administrative court structure, functions, and practice in Thailand: Southeast Asia’s newest system of administrative courts. The study examines why courts made sense to those who established them and how the courts’ authority is being utilized. For relatively powerless and resource-poor litigants, barriers to litigation may be many, but when these barriers are overcome, administrative courts exercise extraordinary influence, even when they fail to render a decision fully vindicating a …