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Articles 781 - 810 of 1498
Full-Text Articles in Judges
Panel Discussion On Independence And The Federal Alj, Arthur Fried, Ronald G. Bernoski
Panel Discussion On Independence And The Federal Alj, Arthur Fried, Ronald G. Bernoski
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Toward Heightening Impartiality In Social Security Agency Proceedings Involving Administrative Law Judges , Victor G. Rosenblum
Toward Heightening Impartiality In Social Security Agency Proceedings Involving Administrative Law Judges , Victor G. Rosenblum
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil
Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Balancing Administrative Efficiency And Fairness: Restrictions On Local Hearings Advisors Post-Nightlife Partners, Ltd. V. City Of Beverly Hills , Kelli Shope
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
When Administrative Law Judges Rule The World: Wooley V. State Farm - Does A Denial Of Agency-Initiated Judicial Review Of Alj Final Orders Violate The Constitutional Doctrine Of Separation Of Powers?, April Rolen-Ogden
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein
Active Bar Membership October 15, 2007 Federal Administrative Law Judges: A Critique Of The "Active" Bar Membership Regulation , David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Con Law Professor With Judicial Appointment Power, Theresa M. Beiner
The Con Law Professor With Judicial Appointment Power, Theresa M. Beiner
The Journal of Appellate Practice and Process
No abstract provided.
What Is "(Im)Partial Enough" In A World Of Embedded Neutrals, Nancy A. Welsh
What Is "(Im)Partial Enough" In A World Of Embedded Neutrals, Nancy A. Welsh
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Ordinary Administrative Law As Constitutional Common Law , Gillian E. Metzger
Ordinary Administrative Law As Constitutional Common Law , Gillian E. Metzger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie
Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Justice Stevens And The Emerging Law Of Sex Discrimination , John P. Wagner
Justice Stevens And The Emerging Law Of Sex Discrimination , John P. Wagner
Pepperdine Law Review
No abstract provided.
Religion And First Amendment Prosecutions: An Analysis Of Justice Black's Constitutional Interpretation, Constance Mauney
Religion And First Amendment Prosecutions: An Analysis Of Justice Black's Constitutional Interpretation, Constance Mauney
Pepperdine Law Review
Justice Hugo L. Black served on the United States Supreme Court over a period of thirty-four years, encompassing Supreme Court terms from 1937 to 1971. During this period, the subject of the constitutional limitations of the freedom of religion was increasingly subjected to intense social pressures. Justice Black figured prominently in the development of constitutional law as the Supreme Court attempted to give meaning to the establishment and free exercise clause of the first amendment. He wrote the majority opinions which dealt with the establishment clause in the Everson, McCulloin, Engel and Torcaso cases. Yet, on later occasions, Justice Black …
Free Exercise Of Religion Before The Bench: Empirical Evidence From The Federal Courts, Michael Heise, Gregory C. Sisk
Free Exercise Of Religion Before The Bench: Empirical Evidence From The Federal Courts, Michael Heise, Gregory C. Sisk
Cornell Law Faculty Publications
We analyze various factors that influence judicial decisions in cases involving Free Exercise Clause or religious accommodation claims and decided by lower federal courts. Religious liberty claims, including those moored in the Free Exercise Clause, typically generate particularly difficult questions about how best to structure the sometimes contentious relation between the religious faithful and the sovereign government. Such difficult questions arise frequently in and are often framed by litigation. Our analyses include all digested Free Exercise and religious accommodation claim decisions by federal court of appeals and district court judges from 1996 through 2005. As it relates to one key …
Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings , Perry L. Glantz
Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings , Perry L. Glantz
Pepperdine Law Review
No abstract provided.
The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber
The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber
Faculty Scholarship
This Article offers a more sophisticated account of elite theory that incorporates the crucial insights underlying claims that Justices with life tenure will protect minority rights and claims that the Supreme Court follows the election returns. Put simply, the direction of judicial decision making at a given time reflects the views of the most affluent and highly educated members of the dominant national coalition. The values that animate the elite members of the dominant national coalition help explain the direction of judicial decision making for the last eighty years. During the mid-twentieth century, most Republican and Democratic elites held more …
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
McGeorge Law Review
No abstract provided.
Justice Kennedy’S Free Speech Jurisprudence: A Quantitative And Qualitative Analysis, Ashutosh Bhagwat, Matthew Struhar
Justice Kennedy’S Free Speech Jurisprudence: A Quantitative And Qualitative Analysis, Ashutosh Bhagwat, Matthew Struhar
McGeorge Law Review
No abstract provided.
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda E. Carter
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda E. Carter
McGeorge Law Review
No abstract provided.
State Interests And The Duration Of Abortion Rights, Randy Beck
State Interests And The Duration Of Abortion Rights, Randy Beck
McGeorge Law Review
No abstract provided.
Justice Kennedy’S Use Of Sources Of The Original Meaning Of The Constitution, Gregory E. Maggs
Justice Kennedy’S Use Of Sources Of The Original Meaning Of The Constitution, Gregory E. Maggs
McGeorge Law Review
No abstract provided.
Kennedy And The Prisons—Moral Exhortation And Technical Fastidiousness, Robert Weisberg
Kennedy And The Prisons—Moral Exhortation And Technical Fastidiousness, Robert Weisberg
McGeorge Law Review
No abstract provided.
Justice Kennedy’S Sixth Amendment Pragmatism, Stephanos Bibas
Justice Kennedy’S Sixth Amendment Pragmatism, Stephanos Bibas
McGeorge Law Review
No abstract provided.
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
McGeorge Law Review
No abstract provided.
Justice Kennedy’S Jurisprudence On The First Amendment Religion Clauses, R. Randall Kelso
Justice Kennedy’S Jurisprudence On The First Amendment Religion Clauses, R. Randall Kelso
McGeorge Law Review
No abstract provided.
There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey
There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey
McGeorge Law Review
No abstract provided.
The Second Circuit’S En Banc Crisis, Mario Lucero
The Second Circuit’S En Banc Crisis, Mario Lucero
Cardozo Law Review de•novo
Part I of this Note is an empirical survey of the history of the en banc practice in the Second Circuit. First is an explanation of the en banc process and an examination of the hearings en banc that did take place and their outcomes in the Supreme Court. Second is a discussion of the mini en banc, which is the practice of circulating opinions that serves as an abbreviated substitute for full en banc hearings. Third is an examination of the myriad opinions that have been inspired by the denials of rehearing en banc, with special attention to the …
Supreme Court Leaks And Recusals: A Response To Professor Steven Lubet’S Scotus Ethics In The Wake Of Nfib V. Sebelius, 47 Val. U. L. Rev. 925 (2013), Kevin Hopkins
UIC Law Open Access Faculty Scholarship
As Professor Steven Lubet notes in his article, Stonewalling, Leaks, and Counter-Leaks: SCOTUS Ethics in the Wake of NFIB v. Sebelius, the ethical conduct of Supreme Court Justices has once again gained national attention. This time, however, the context for public outcry is due to actions of an in-house source who released confidential information to a member of the press concerning the voting behavior and the overall sentiments of members of the Court's minority in one of the most significant and controversial rulings of the year: NFIB v. Sebelius (the "Affordable Care Act"). Professor Lubet uses this leaking of significant …
Summary Judgment In Employment Discrimination Cases: A Judge’S Perspective, Hon. Denny Chin
Summary Judgment In Employment Discrimination Cases: A Judge’S Perspective, Hon. Denny Chin
NYLS Law Review
No abstract provided.
What Alex Kozinski And The Investigation Of Earl Bradley Teach About Searching And Seizing Computers And The Dangers Of Inevitable Discovery, Stephen E. Henderson
What Alex Kozinski And The Investigation Of Earl Bradley Teach About Searching And Seizing Computers And The Dangers Of Inevitable Discovery, Stephen E. Henderson
Faculty Articles
This paper tells two stories. One concerns the investigation of a Delaware physician named Earl B. Bradley that resulted in a conviction and sentence of fourteen consecutive life terms for the sexual abuse of children. The other concerns the computer problems, both judicial and extra-judicial, of Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. Though in a sense unrelated, they share lessons about the practicalities of computers and their search that are worth telling. As courts continue to struggle with how to cabin the searches of computers in order to minimize privacy intrusion …
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
McGeorge School of Law Scholarly Articles
No abstract provided.