Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Judges (96)
- Courts (60)
- Law and Politics (16)
- Election Law (14)
- Constitutional Law (12)
-
- State and Local Government Law (10)
- Supreme Court of the United States (9)
- Political Science (8)
- Social and Behavioral Sciences (8)
- Legal History (6)
- Legal Profession (6)
- President/Executive Department (5)
- Law and Society (4)
- Legal Ethics and Professional Responsibility (4)
- American Politics (3)
- Administrative Law (2)
- Fourth Amendment (2)
- International Law (2)
- Jurisprudence (2)
- Law and Gender (2)
- Sexuality and the Law (2)
- Civil Procedure (1)
- Comparative and Foreign Law (1)
- Environmental Law (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Gender and Sexuality (1)
- Health Law and Policy (1)
- Immigration Law (1)
- Institution
-
- University of Richmond (50)
- University of Missouri School of Law (19)
- Duke Law (11)
- Selected Works (9)
- The University of Akron (7)
-
- Vanderbilt University Law School (7)
- Maurer School of Law: Indiana University (6)
- Cornell University Law School (5)
- Fordham Law School (4)
- University of Kentucky (4)
- Cleveland State University (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- University of Colorado Law School (3)
- Columbia Law School (2)
- Georgetown University Law Center (2)
- Northern Illinois University (2)
- Pace University (2)
- SelectedWorks (2)
- University of Maine School of Law (2)
- University of Michigan Law School (2)
- Washington and Lee University School of Law (2)
- American University Washington College of Law (1)
- Belmont University (1)
- California Western School of Law (1)
- Roger Williams University (1)
- St. Mary's University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University at Buffalo School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Nevada, Las Vegas (1)
- Publication Year
- Publication
-
- Law Faculty Publications (47)
- Missouri Law Review (17)
- Akron Law Review (6)
- Duke Law Journal (6)
- Articles by Maurer Faculty (5)
-
- Alaska Law Review (4)
- Faculty Publications (4)
- Fordham Urban Law Journal (4)
- Kentucky Law Journal (4)
- Vanderbilt Law School Faculty Publications (4)
- Cornell Journal of Law and Public Policy (3)
- Faculty Scholarship (3)
- University of Arkansas at Little Rock Law Review (3)
- University of Richmond Law Review (3)
- Vanderbilt Law Review (3)
- Cleveland State Law Review (2)
- David S. Law (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Law Faculty Scholarship (2)
- Michael R Dimino (2)
- Northern Illinois University Law Review (2)
- Publications (2)
- Stephen Ware (2)
- Washington and Lee Law Review Online (2)
- Articles (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Brian Christopher Jones (1)
- ConLawNOW (1)
- Cornell International Law Journal (1)
- Publication Type
Articles 31 - 60 of 161
Full-Text Articles in Law
Judicial Selection In Congress’ Lame Duck Session, Carl W. Tobias
Judicial Selection In Congress’ Lame Duck Session, Carl W. Tobias
Indiana Law Journal
This Article first scrutinizes the Obama Administration confirmation and nomination processes. It then critically explores selection and concludes that Republican obstruction instigated the most open positions the longest time. Because this deficiency undermines swift, economical, and fair case resolution, the Article suggests ideas to promptly decrease the remaining unoccupied judgeships after the session commences.
Who Rates Prospective Federal Judges For The American Bar Association?, Michael J. Yelnosky
Who Rates Prospective Federal Judges For The American Bar Association?, Michael J. Yelnosky
Law Faculty Scholarship
No abstract provided.
Implicit Bias In Judicial Performance Evaluations: We Must Do Better Than This, Rebecca D. Gill
Implicit Bias In Judicial Performance Evaluations: We Must Do Better Than This, Rebecca D. Gill
Political Science Faculty Research
Judicial performance evaluations (JPEs) are a critical part of selecting judges, especially in states using merit-based selection systems. This article shows empirical evidence that gender and race bias still exist in attorney surveys conducted in accordance with the ABA’s Guidelines. This systematic bias is related to a more general problem with the design and implementation of JPE surveys, which results in predictable problems with the reliability and validity of the information obtained through these survey instruments. This analysis raises questions about the validity and reliability of the JPE. This is a particularly poor outcome, as it means that we are …
Considering Patricia Millett For The D.C. Circuit, Carl W. Tobias
Considering Patricia Millett For The D.C. Circuit, Carl W. Tobias
Law Faculty Publications
On June 4, Obama nominated three individuals: Patricia Millett, who has argued 32 Supreme Court appeals, Cornelia Pillard, who has won landmark High Court victories, and Robert Wilkins, who had served as a D.C. District Court judge for three years. The court’s allegedly smaller caseloads prompted Republicans to halt yes or no votes for all the nominees. But because well-qualified, moderate nominees warrant thorough consideration and final ballots, their Senate review deserves analysis, which this paper conducts by emphasizing Millett. It first surveys the nominee’s process and then shows how her evaluation concluded.
Selecting The Very Best: The Selection Of High-Level Judges In The United States, Europe And Asia, Christa J. Laser, Tefft Smith, Michael Fragoso, Christopher Jackson, Gregory Wannier
Selecting The Very Best: The Selection Of High-Level Judges In The United States, Europe And Asia, Christa J. Laser, Tefft Smith, Michael Fragoso, Christopher Jackson, Gregory Wannier
Law Faculty Articles and Essays
This paper has been prepared by Kirkland & Ellis LLP for the Due Process of Law Foundation (“DPLF”), an organization dedicated to promoting and strengthening the rule of law and the respect for human rights in the Americas. The goal is to provide further stimulus to the enhancement of due process and the rule of law in Latin America by encouraging the transparent, merit-based selection and appointment of competent, independent, and impartial judges. An independent and impartial judiciary is an essential precondition to the effective operation of the rule of law, with due process for all. This, in turn, is …
The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry
The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry
Todd A. Curry
The study of state courts of last resort is a field which has, up until recently, been significantly underrepresented in political science (Baum 1987, Dubois 1980). The bulk of work in judicial politics over the last fifty years has focused on the federal system. Furthermore, the study of state courts allows for a true comparative analysis. The methods of selection used for the staffing of state courts of last resort are highly varied. There are five distinctly different methods which are used for judicial selection in the states, and many states have institutional nuances that provide further variation for study. …
Senate Gridlock And Federal Judicial Selection, Carl W. Tobias
Senate Gridlock And Federal Judicial Selection, Carl W. Tobias
Law Faculty Publications
One crucial locus of gridlock is appointments to the United States Courts of Appeals, which have grown extremely contentious, as the circuits resolve disputes about controversial issues and can effectively be tribunals of last resort for designated areas. Continuous Republican and Democratic charges, recriminations, and divisiveness have roiled the process for decades. The bench constitutes 179 judgeships; however, seventeen remained vacant at President Barack Obama's second inauguration notwithstanding his pledge to end the "confirmation wars" by assiduously consulting senators. Laboring without ten percent of the appellate court members subverts prompt, inexpensive and fair case disposition and undermines citizen respect for …
The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry
The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry
Dissertations
The study of state courts of last resort is a field which has, up until recently, been significantly underrepresented in political science (Baum 1987, Dubois 1980). The bulk of work in judicial politics over the last fifty years has focused on the federal system. Furthermore, the study of state courts allows for a true comparative analysis. The methods of selection used for the staffing of state courts of last resort are highly varied. There are five distinctly different methods which are used for judicial selection in the states, and many states have institutional nuances that provide further variation for study. …
Nationality And The International Judge: The Nationalist Presumption Governing The International Judiciary And Why It Must Be Reversed, Tom Dannenbaum
Nationality And The International Judge: The Nationalist Presumption Governing The International Judiciary And Why It Must Be Reversed, Tom Dannenbaum
Cornell International Law Journal
No abstract provided.
The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks
The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks
Publications
Discusses J. McIntyre Machinery, Ltd. v. Nicastro as an example of the Supreme Court's failure to rely on practical wisdom, in connection with the historic shift toward increasingly elite credentials for the justices.
Justifying Diversity In The Federal Judiciary, Carl W. Tobias
Justifying Diversity In The Federal Judiciary, Carl W. Tobias
Law Faculty Publications
This Essay thus scrutinizes Obama’s judicial selection effort, which confirms many ideas that Scherer espouses while showing how political deficiencies in the modern selection process erode diversity and legitimacy, and perhaps Scherer’s provocative solution. This response ultimately discusses some promising measures beyond Scherer’s recommendation that could enhance diversity and legitimacy in light of the threat that politicization poses
Beyond The City Square: Fishing In Wider Pools Without Soundings, Monica A. Fennell
Beyond The City Square: Fishing In Wider Pools Without Soundings, Monica A. Fennell
Fordham Urban Law Journal
Monica Fennell begins a conversation in CITY SQUARE regarding the diversity in the judicial appointment process in the United Kingdom and the United States, a conversation sparked by Professor Judith Maute’s article English Reforms to Judicial Selection: Comparative Lessons for American States?
A Demographic Snapshot Of America's Federal Judiciary: A Prima Facie Case For Change, Jonathan K. Stubbs
A Demographic Snapshot Of America's Federal Judiciary: A Prima Facie Case For Change, Jonathan K. Stubbs
Law Faculty Publications
Nearly a decade ago, then judge Sonia Sotomayer gave a speech at the U.C. Berkeley Law School and asked a simple question: “What it all will mean to have more women and people of color on the bench?” This article places Justice Sotomayer’s perceptive question in historical context by providing a demographic profile of the gender and race of federal judges confirmed to the bench from September 24, 1789 through January 13, 2011. The paper focuses principally upon federal courts of general jurisdiction, specifically, the Supreme Court, the various Courts of Appeal and the federal district courts. After presenting historical …
Judge Thompson And The Appellate Court Confirmation Process, Carl W. Tobias
Judge Thompson And The Appellate Court Confirmation Process, Carl W. Tobias
Law Faculty Publications
Judge 0. Rogeriee Thompson's appointment to the United States Court of Appeals for the First Circuit was an historic moment, as she became the tribunal's first African American member. The Senate confirmed her in five months on a 98-0 vote, more expeditiously than any of President Barack Obama's other appellate nominees. Indeed, Fourth Circuit nominee Judge Albert Diaz waited thirteen months for approval. The slow pace of judicial confirmation demonstrates that the charges and recriminations, the partisanship and the serial paybacks, which have infused appointments for two decades, remain. Judge Thompson's confirmation, accordingly, deserves celebration and recounting. It both illuminates …
Filling The Fourth Circuit Vacancies, Carl W. Tobias
Filling The Fourth Circuit Vacancies, Carl W. Tobias
Law Faculty Publications
Federal judicial selection has become increasingly controversial. Allegations and recriminations, partisan division, and incessant paybacks have accompanied the appeals court appointments process for decades. These phenomena were pervasive in the administration of President George W. Bush as well as in nominations and confirmations to the United States Court of Appeals for the Fourth Circuit, particularly with respect to judgeships assigned to North Carolina.
The protracted vacancies have eroded the Fourth Circuit's delivery of justice, as operating without the fifteen circuit judges whom Congress authorized has exacted a toll. Across two and a half recent years, the court functioned absent a …
What Happened In Iowa?, David Pozen
What Happened In Iowa?, David Pozen
Faculty Scholarship
Reply to Nicole Mansker & Neal Devins, Do Judicial Elections Facilitate Popular Constitutionalism; Can They?, 111 Colum. L. Rev. Sidebar 27 (2011).
November 2, 2010 is the latest milestone in the evolution of state judicial elections from sleepy, sterile affairs into meaningful political contests. Following an aggressive ouster campaign, voters in Iowa removed three supreme court justices, including the chief justice, who had joined an opinion finding a right to same-sex marriage under the state constitution. Supporters of the campaign rallied around the mantra, “It’s we the people, not we the courts.” Voter turnout surged to unprecedented levels; the national …
Postpartisan Federal Judicial Selection, Carl W. Tobias
Postpartisan Federal Judicial Selection, Carl W. Tobias
Law Faculty Publications
The problem of numerous, persistent vacancies in the federal judiciary continues to undermine expeditious, inexpensive, and fair case resolution. As the Obama administration is still in its early stages, the process for nominating and securing the confirmation of federal judges merits consideration. This Essay chronicles the origins and development of the appointments conundrum. Although enhanced federal jurisdiction and growing caseloads are partially to blame, partisan politics has also prevented swift nomination and confirmation for over twenty years. The Essay then describes the processes employed by the Obama administration during its nascency. Finally, the Essay offers suggestions to facilitate the judicial …
Fourth Circuit Judicial Appointments, Carl W. Tobias
Fourth Circuit Judicial Appointments, Carl W. Tobias
Law Faculty Publications
Fourth Circuit judicial selection deserves an examination, which this Article undertakes. The first part investigates the background of the Fourth Circuit appointments process, emphasizing relevant developments throughout the Bush Administration. The second part descriptively and critically assesses nomination and confirmation in the Obama Administration. The third part derives lessons from the Fourth Circuit selection efforts by comparing them with Obama's national selection efforts and processes in other administrations. For example, all four Obama nominees are ethnic minorities or women and were sitting judges when nominated, and one is younger than fifty-five. Accordingly, their confirmation increases the appeals court's ethnic and …
Countering The Majoritarian Difficulty, Amanda Frost
Countering The Majoritarian Difficulty, Amanda Frost
Articles in Law Reviews & Other Academic Journals
Most state court judges are elected to office, and thus must be attentive to voter preferences just like other elected officials. Critics of judicial elections fear that subjecting judges to majoritarian pressures jeopardizes the rights of disfavored groups and undermines the rule of law, and accordingly call for their abolition. The reality, however, is that judicial elections are firmly entrenched in thirty-eight states, and thus appear to be a permanent part of the legal landscape. This article suggests that the so-called “majoritarian difficulty” posed by elected judges can be tempered by regular interactions with appointed, life-tenured federal judges, who are …
New York’S Inbred Judiciary: Pathologies Of Nomination And Appointment Of Court Of Appeals Judges, James A. Gardner
New York’S Inbred Judiciary: Pathologies Of Nomination And Appointment Of Court Of Appeals Judges, James A. Gardner
Journal Articles
The practice of selecting judges by popular election, commonplace among the American states, has recently come in for a good deal of criticism, much of it well-founded. But if popular election of judges is a bad method of judicial selection, what ought to replace it? Opponents of judicial election typically treat gubernatorial appointment as self-evidently better. New York’s experience with gubernatorial appointment to its highest court, the Court of Appeals, suggests that greater caution is in order. Although New York’s current method of selecting Court of Appeals judges was designed to be wide open and based entirely on merit, the …
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Diversity And The Federal Bench, Carl W. Tobias
Diversity And The Federal Bench, Carl W. Tobias
Law Faculty Publications
Justice Sonia Sotomayor's appointment was historic. She is the first Latina Supreme Court member and President Barack Obama's initial appointment. Her confirmation is the quintessential example of his commitment to increasing ethnic and gender diversity in the judiciary; it epitomizes how the administration has nominated and appointed people of color and women to the appellate and district courts. Enhancing diversity honors valuable goals. Selection across a presidency's initial fifteen months also creates the tone. These ideas suggest that the nascent administration's judicial selection merits evaluation, which this paper conducts. Part I briefly assesses modern chief executives' divergent records in naming …
Improving Federal Judicial Selection, Carl W. Tobias
Improving Federal Judicial Selection, Carl W. Tobias
Law Faculty Publications
Review of Benjamin Wittes, Confirmation Wars: Preserving Independent Courts in Angry Times (2006).
Public Confidence And Judicial Campaigns, Michael R. Dimino
Public Confidence And Judicial Campaigns, Michael R. Dimino
Michael R Dimino
Merit Selection And Performance Evaluation Of Alaska’S Judges, Teresa W. Carns
Merit Selection And Performance Evaluation Of Alaska’S Judges, Teresa W. Carns
Alaska Law Review
No abstract provided.
Federal And State Judicial Selection In An Interest Group Perspective, Rafael Gely, Michael E. Solimine
Federal And State Judicial Selection In An Interest Group Perspective, Rafael Gely, Michael E. Solimine
Faculty Publications
The literature on judicial selection systems has given considerable attention to the role that politicians and their parties - through their legislative roles - have played in the adoption and operation of these judicial selection systems. Less attention, however, has been given to both the effect that interest groups, broadly defined, have in the creation and implementation of judicial selection systems and the effect that these systems have on the strategies adopted by interest groups to accomplish their goals. This Article seeks to fill this gap. Using the framework advanced by William M. Landes and Richard A. Posner in their …
Forward: Sandra Day O'Connor, Earl F. Nelson, And State Judicial Selection And Retention Systems, R. Lawrence Dessem
Forward: Sandra Day O'Connor, Earl F. Nelson, And State Judicial Selection And Retention Systems, R. Lawrence Dessem
Faculty Publications
In difficult cases, in unpopular cases, in cases that may draw criticism from the executive branch of government, the legislature, the media, or the general populace, it is essential that judges be insulated from public pressure. However much we believe in the strength and integrity of the human spirit, we cannot expect judges to do justice without establishing an institutional framework that guarantees them that their next decision, however loathsome or unpopular, will not be their last.
Parties, Interest Groups, And Systemic Change, Anthony Champagne
Parties, Interest Groups, And Systemic Change, Anthony Champagne
Missouri Law Review
If we are going to get from point A to B - if we are going to change a state system of judicial selection - what must be done? How does one get from a judicial election system to a merit-selection system? Generally it is going to take a state constitutional amendment to make the change. That is usually going to mean that a constitutional amendment must be approved by the legislature in order to be submitted to the people for a vote. To do this, key interest groups must be considered. The story of changing to merit selection is …
Reconciling The Judicial Ideal And The Democratic Impulse In Judicial Retention Elections, Rachel Paine Caufield
Reconciling The Judicial Ideal And The Democratic Impulse In Judicial Retention Elections, Rachel Paine Caufield
Missouri Law Review
It is hardly novel to suggest that judicial elections, including retention elections, illustrate profound and irreconcilable tensions in the American governmental scheme. The guiding political philosophy of liberal democracy dictates that judges be insulated from popular will and therefore remain free to adhere to the law, regardless of how unpopular such adherence may be. Complete independence would permit judges to be reckless in their use of the law as a tool of power. Complete accountability would render the rule of law, and the protections it affords to political minorities and others who lack political power, nonexistent. This elusive ideal of …