Courts Commons^™

The Inside Scoop: What Federal Judges Really Think About The Way Lawyers Write, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

A recent survey indicates that what troubles federal judges most is not what lawyers say but what they fail to say when writing briefs. Although lawyers do a good job articulating legal issues and citing controlling, relevant legal authority, they are not doing enough with the law itself. Only fifty-six percent of the judges surveyed said that lawyers “always” or “usually” make their client’s best arguments. Fifty-eight percent of the judges rated the quality of the legal analysis as just “good,” as opposed to “excellent” or “very good.” The problem seems to be that briefs lack rigorous analysis, and the …

A "Freshman" Takes Charge: Judge John J. Parker Of The United States Court Of Appeals, 1925-1930, Peter G. Fish

Faculty Scholarship

No abstract provided.

Clarence Thomas The First Ten Years: Looking For Consistency, Mark Niles

Faculty Articles

Dean Niles describes his observation and impression of the first ten years of Clarence Thomas’ judgeship. While Dean Niles admits that his own views are more liberal than Clarence Thomas’, he was not initially concerned about those differences. But as the days, weeks and years passed, notwithstanding Dean Niles’ early stoicism, serious concerns about the candidate, and later the Justice, began to arise. These concerns were not based on Justice Thomas' beliefs or ideology, but on a growing set of inconsistencies that began to arise between some of his beliefs and actions. With all due respect to a man who …

Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine

Articles

Working people and disfavored groups were central concerns of Frank Murphy, the last Michigan Law School graduate to sit on the United States Supreme Court. In the pages of this Review, just over a half century ago, Archibald Cox wrote of him: "It was natural ...th at his judicial work should be most significant in these two fields [labor law and civil rights] and especially in the areas where they coalesce."' In this Essay, after a brief overview of Murphy the man, his days at the University of Michigan, and his career prior to the Court appointment, I shall review …

A Note On The Neutral Assignment Of Federal Appellate Judges, Carl W. Tobias

Law Faculty Publications

Response to J. Robert Brown, Jr. & Allison Herren Lee, Neutral Assignment of Judges at the Court of Appeals, 78 Tex. L. Rev. 1037 (2000).

The Bush Administration And Appeals Court Nominees, Carl Tobias

William & Mary Bill of Rights Journal

No abstract provided.

The "Blue Slip": Enforcing The Norms Of The Judicial Confirmation Process, Brannon P. Denning

William & Mary Bill of Rights Journal

No abstract provided.

Introduction To The Symposium: The Judicial Process Appointments Process, Carly Van Orman

William & Mary Bill of Rights Journal

No abstract provided.

Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova

William & Mary Bill of Rights Journal

No abstract provided.

The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little

William & Mary Bill of Rights Journal

No abstract provided.

The Questioning Of Lower Federal Court Nominees At Senate Confirmation Hearings, William Ross

William & Mary Bill of Rights Journal

No abstract provided.

The Competency Conundrum: Problems Courts Have Faced In Applying Different Standards For Competency To Be Executed, John L. Farringer, Iv

Vanderbilt Law Review

Throughout Anglo-American legal history, there has been a general agreement, based on numerous rationales, that mentally incompetent inmates should not be executed for their crimes. The recurring problem, however, is how to define "incompetence" or "insanity." Legislatures and courts have sought to provide a common- sense definition, but in practice judges must confront highly technical terminology from the ever evolving field of psychiatry. Additionally, the definition must be flexible enough to apply to a variety of cases, while being universal enough to assure that all defendants are treated fairly and equally.

At hearings to determine a prisoner's competency to be …

Application Of The Rational Basis Test To Treaty-Implementing Legislation: The Need For A More Stringent Standard Of Review, Virginia H. Johnson

Cardozo Law Review

No abstract provided.

Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The basis for these comments is a decision last year by the Eighth Circuit Court of Appeals in Anastasoff v. United States. The court held that an Eighth Circuit local rule, which authorized nonpublication of opinions and explicitly stated that unpublished opinions were to have no precedential effect, was unconstitutional. The panel, in an opinion by Judge Richard S. Arnold, reasoned that a court rule purporting to confer upon appellate judges an absolute power to decide which decisions would be binding and which would not be binding went well beyond the “judicial power” within the meaning of Article III of …

Judicial Nomination And Confirmation Process: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Sept. 4, 2001 (Statement Of Mark V. Tushnet, Prof. Of Law, Geo. U. L. Center), Mark V. Tushnet

Testimony Before Congress

No abstract provided.

Picking Federal Judges: A Note On Policy And Partisan Selection Agendas, Micheal W. Giles, Virginia A. Hettinger, Todd C. Peppers

Scholarly Articles

The importance of lower federal courts in the policymaking process has stimulated extensive research programs focused on the process of selecting the judges of these courts and the factors influencing their decisions. The present study employs judicial decisionmaking in the U.S. Courts of Appeals as a window through which to reexamine the politics of selection to the lower courts. It differs from previous studies of selection in three ways. First, it takes advantage of recent innovations in measurement to go beyond reliance on political party as a measure of the preferences of actors in the selection process. Second, employing these …

Chief Judge Edward R. Becker: A Truly Remarkable Judge, Marci A. Hamilton

Articles

No abstract provided.

Appellate Rule 16(B): The Scope Of Review In An Appeal Based Solely Upon A Dissent In The Court Of Appeals, Thomas L. Fowler

North Carolina Central Law Review

No abstract provided.

The Machinery Of Law In Pharaonic Egypt: Organization, Courts And Judges On The Ancient Nile, Russ Versteeg

Cardozo Journal of International and Comparative Law

The article explores the sophisticated legal system of ancient Egypt, emphasizing its dual structure that combined human judicial administration with divine oracles. It highlights the roles of key officials such as the vizier and pharaoh, the organization of courts, and the emphasis on impartiality and fairness. The analysis also underscores the integration of religious elements, particularly the use of oracles, in legal decision-making, demonstrating a blend of secular and sacred authority.

Chinese Population Transfer In Tibet, John S. Hall

Cardozo Journal of International and Comparative Law

The note examines the impact of China's population transfer policies in Tibet since the 1950 invasion, arguing that these policies have led to the marginalization of Tibetans, significant environmental degradation, and human rights abuses. It explores various legal and diplomatic strategies to address these issues, including the Dalai Lama's Five Point Plan, human rights law, environmental law, and international negotiations.

Why Judges Don't Like Petitions For Rehearing, Richard S. Arnold

The Journal of Appellate Practice and Process

Petitions for en banc rehearings are rarely granted. A Senior Judge for the United States Court of Appeals for the Eighth Circuit provides a history and reasoning of the rehearing process and his personal observations on those petitions and processes in today's court.

The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro

All Faculty Scholarship

Alexander Hamilton referred to the judiciary as “the least dangerous branch” because it could neither make nor enforce the law without help from the other two branches of government. In the years since then, however, courts and judges in the United States have assumed a much more prominent role in society. American judges preside over criminal trials and sentence those convicted, decide all kinds of civil disputes, both large and small, and make important decisions involving families, such as child custody. They have also become the primary guarantors of the civil and constitutional rights of American citizens.

The case of …

Legal Arguments In The Opinions Of Montana Territorial Chief Justice Decius S. Wade, Andrew P. Morriss

Nevada Law Journal

No abstract provided.

Book #23, Roger J. Miner '56

Scrapbooks

No abstract provided.

Remarks Delivered By Videotape For Ceremonies Celebrating Howard Munson's 25th Year As A Federal Judge, Roger J. Miner '56

Tributes & Testimonials

No abstract provided.

Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova

Faculty Scholarship

No abstract provided.

Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight

Faculty Scholarship

No abstract provided.

The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.

Publicly Financed Judicial Elections: An Overview, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser

Scholarly Works

This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.