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Full-Text Articles in Law

The Politics Of Early Justice, Federal Judicial Selection, 1789-1861, Michael J. Gerhardt, Michael Ashley Stein Jan 2015

The Politics Of Early Justice, Federal Judicial Selection, 1789-1861, Michael J. Gerhardt, Michael Ashley Stein

Faculty Publications

No abstract provided.


"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael J. Gerhardt, Richard Painter Jan 2012

"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael J. Gerhardt, Richard Painter

Faculty Publications

No abstract provided.


Judicial Takings, Judicial Speech, And Doctrinal Acceptance Of The Model Of The Judge As Political Actor, William P. Marshall Jan 2011

Judicial Takings, Judicial Speech, And Doctrinal Acceptance Of The Model Of The Judge As Political Actor, William P. Marshall

Faculty Publications

No abstract provided.


Constitutional Concepts For The Rule Of Law: A Vision For The Post-Monarchy Judiciary In Nepal, David Pimentel Jan 2010

Constitutional Concepts For The Rule Of Law: A Vision For The Post-Monarchy Judiciary In Nepal, David Pimentel

David Pimentel

A new government has taken power in Nepal. Intent on replacing the monarchical Hindu state with a secular democracy, they have promised a new Constitution. Although they are operating under an Interim Constitution at the moment, it remains to be seen what the post-monarchy judiciary will look like. Those involved in the drafting should pay careful attention to how specific provisions for court governance will impact both institutional and decisional judicial independence. The Interim Constitution calls for a judicial council, but not a sufficiently independent one. The Interim Constitution also allows broad exercise of emergency powers, depriving the courts of ...


Judicial Abdication And Equal Access To The Civil Justice System, Gene R. Nichol Jr. Jan 2010

Judicial Abdication And Equal Access To The Civil Justice System, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


The Golden Metwand': The Measure Of Justice In Shakespeare's Measure For Measure, John V. Orth Jan 2010

The Golden Metwand': The Measure Of Justice In Shakespeare's Measure For Measure, John V. Orth

Faculty Publications

No abstract provided.


The Continuing Search For A Meaningful Model Of Judicial Rankings And Why It (Unfortunately) Matters, Scott Baker, Adam Feibelman, William P. Marshall Jan 2009

The Continuing Search For A Meaningful Model Of Judicial Rankings And Why It (Unfortunately) Matters, Scott Baker, Adam Feibelman, William P. Marshall

Faculty Publications

No abstract provided.


Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck Jan 2009

Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck

Faculty Publications

No abstract provided.


The Roberts Court And Access To Justice, Gene R. Nichol Jan 2009

The Roberts Court And Access To Justice, Gene R. Nichol

Faculty Publications

No abstract provided.


Edward R. Becker: A Man In Full, Stephen B. Burbank Nov 2006

Edward R. Becker: A Man In Full, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


What's Old Is New Again, Symposium: The Role Of Judges In The 21st Century, Michael J. Gerhardt Jan 2006

What's Old Is New Again, Symposium: The Role Of Judges In The 21st Century, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Judicial Accountability In A Time Of Legal Realism, William P. Marshall Jan 2006

Judicial Accountability In A Time Of Legal Realism, William P. Marshall

Faculty Publications

No abstract provided.


Who Judges The Judges?, John V. Orth Jan 2005

Who Judges The Judges?, John V. Orth

Faculty Publications

No abstract provided.


The Federal Arbitration Act: Federal Preemption Of State Law Regulating Arbitration, W. Mark C. Weidemaier Jan 2005

The Federal Arbitration Act: Federal Preemption Of State Law Regulating Arbitration, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.


Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank Jan 2005

Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


What Do We Mean By "Judicial Independence"?, Stephen B. Burbank Jan 2003

What Do We Mean By "Judicial Independence"?, Stephen B. Burbank

Faculty Scholarship at Penn Law

In this article, the author argues that the concept of "judicial independence" has served more as an object of rhetoric than it has of sustained study. He views the scholarly literatures that treat it as ships passing in the night, each subject to weaknesses that reflect the needs and fashions of the discipline, but all tending to ignore courts other than the Supreme Court of the United States. Seeking both greater rigor and greater flexibility than one usually finds in public policy debates about, and in the legal and political science literatures on, judicial independence, the author attributes much of ...


Making Progress The Old-Fashioned Way, Stephen B. Burbank Jan 2001

Making Progress The Old-Fashioned Way, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


The Architecture Of Judicial Independence, Stephen B. Burbank Jan 1999

The Architecture Of Judicial Independence, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Federalization: A Critical Overview, William P. Marshall Jan 1995

Federalization: A Critical Overview, William P. Marshall

Faculty Publications

No abstract provided.


Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt Jan 1992

Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Research In Judicial Administration: A Judge's Perspective, Conference On Judicial Administration Research, Roger J. Miner '56 Jan 1986

Research In Judicial Administration: A Judge's Perspective, Conference On Judicial Administration Research, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


Unprecedential Analysis And Original Intent, William P. Marshall Jan 1986

Unprecedential Analysis And Original Intent, William P. Marshall

Faculty Publications

No abstract provided.


Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd Jan 1985

Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd

Faculty Publications

No abstract provided.


Federal Practice And Procedure - Comment - Appealability And Finality In The Third Circuit - Is The United States Supreme Court More Appealing Than The Third Circuit, Gary A. Rome Jan 1980

Federal Practice And Procedure - Comment - Appealability And Finality In The Third Circuit - Is The United States Supreme Court More Appealing Than The Third Circuit, Gary A. Rome

Villanova Law Review

No abstract provided.


Discovery Problems In Civil Cases, Barlow F. Burke, Joseph L. Ebersole Dec 1979

Discovery Problems In Civil Cases, Barlow F. Burke, Joseph L. Ebersole

Barlow F. Burke

INTRODUCTION: This publication is a product of a study undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development on matters of judicial administration. The analyses, conclusions, and points of view are those of the authors. This work has been subjected to staff review within the Center, and publication signifies that it is regarded as responsible and valuable. It should be emphasized, however, that on matters of policy the Center speaks only through its Board. 


Federal Civil Procedure - Fed R. Civ. P. 54(B) - A Proposed Two-Part Analysis For The Exercise Of A Trial Judge's Discretionary Certification Of A Claim As Final Under Rule 54(B) When A Counterclaim Remains Pending, James A. Matthews Iii Jan 1979

Federal Civil Procedure - Fed R. Civ. P. 54(B) - A Proposed Two-Part Analysis For The Exercise Of A Trial Judge's Discretionary Certification Of A Claim As Final Under Rule 54(B) When A Counterclaim Remains Pending, James A. Matthews Iii

Villanova Law Review

No abstract provided.


Constitutional Law - Free Press/Fair Trial - Pretrial Suppression Hearing May Be Closed In Order To Preserve Defendant's Right To A Fair Trial, Douglas Robison Jan 1978

Constitutional Law - Free Press/Fair Trial - Pretrial Suppression Hearing May Be Closed In Order To Preserve Defendant's Right To A Fair Trial, Douglas Robison

Villanova Law Review

No abstract provided.


A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter Jan 1978

A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter

Villanova Law Review

No abstract provided.


Another Look At Press Coverage Of The Supreme Court, Everette E. Dennis Jan 1974

Another Look At Press Coverage Of The Supreme Court, Everette E. Dennis

Villanova Law Review

No abstract provided.


The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby Jan 1973

The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby

Villanova Law Review

No abstract provided.