Judges Commons^™

Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny

Georgia Journal of International & Comparative Law

No abstract provided.

The Scrivener’S Error, Ryan D. Doerfler

Northwestern University Law Review

It is widely accepted that courts may correct legislative drafting mistakes, i.e., so-called scrivener’s errors, if and only if such mistakes are “absolutely clear.” The rationale is that if a court were to recognize a less clear error, it might be “rewriting” the statute rather than correcting a technical mistake.

This Article argues that the standard is much too strict. The current rationale ignores that courts can “rewrite,” i.e., misinterpret, a statute both by recognizing an error and by failing to do so. Accordingly, because the current doctrine is designed to protect against one type of mistake (false positives) but …

Newsroom: Op-Ed: Yelnosky On Judicial Selection 6-17-2016, Michael J. Yelnosky, Providence Journal, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott

Georgia Journal of International & Comparative Law

No abstract provided.

“Criminal Records” - A Comparative Approach, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.

The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk

Georgia Journal of International & Comparative Law

No abstract provided.

Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality, Gary I. Strausberg

Georgia Journal of International & Comparative Law

No abstract provided.

Introduction: Magistrate Judges And The Transformation Of The Federal Judiciary, Daniel W. Hamilton, Thomas O. Main

Nevada Law Journal

No abstract provided.

United States Magistrate Judges: Present But Unaccounted For, Philip M. Pro

Nevada Law Journal

The relationship between United States district judges and United States magistrate judges is unique within the American judiciary. United States magistrate judges are the first judges encountered in most federal civil or criminal cases and play an increasingly important role in the adjudication of virtually every case in United States district court. Yet, while the behavior of Article III judges has been the subject of active academic scrutiny, the behavior of magistrate judges, who are appointed to renewable eight-year terms by their Article III district judge colleagues, has largely been ignored.1 This paper reports the results of interviews of thirty-four …

Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon

Nevada Law Journal

Federal magistrate judges are a relatively new creation, officially dating back only to 1968 in a federal judicial system which dates to 1789. Unlike federal district and appellate judges, whose constitutional authority is rooted in Article III, federal magistrate judges are a creation of Congress through Article I. Since their inception as special masters, magistrate judges’ responsibilities have steadily grown, now presiding (with the parties’ consent) over civil as well as misdemeanor criminal trials. The institutional differences between magistrate and district judges are stark: selection, compensation, and tenure, to name a few. At the same time, the roles of these …

The Comparative Outputs Of Magistrate Judges, Christina L. Boyd

Nevada Law Journal

Do federal magistrate judges make different decisions and produce distinct judicial outputs from district judges? To provide initial empirical evidence on this question, this study utilizes federal district court data covering issue areas including employment discrimination, broader civil rights, intellectual-property rights, and personal-injury torts. The data indicate that magistrate judges are actively involved in civil cases, with as many as sixty-seven percent of cases having one or more magistrate judges serving in some role. These magistrate judges commonly preside over settlement conferences, decide discovery motions, issue reports and recommendations on dispositive motions, preside over status, management, and scheduling conferences, and …

"Nothing Less Than Indispensable": The Expansion Of Federal Magistrate Judge Authority And Utilization In The Past Quarter Century, Douglas A. Lee, Thomas E. Davis

Nevada Law Journal

No abstract provided.

How Bayesian Are Judges?, Jack Knight, Mitu Gulati, David Levi

Nevada Law Journal

Judge Richard Posner famously modeled judges as Bayesians in his book, How Judges Think. A key element of being Bayesian is that one constantly updates with new information. This model of the judge who is constantly learning and updating, particularly about local conditions, is one of the reasons why the factual determinations of trial judges are given deference on appeal. But do judges in fact act like Bayesian updaters? Judicial evaluations of search warrant requests for probable cause provide an ideal setting to examine this question because judges in this context have access to information on how well they did …

Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh

Nevada Law Journal

No abstract provided.

The Nevada Supreme Court Between 2010 And 2014, Jordan T. Smith

Nevada Law Journal

No abstract provided.

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …

Newsroom: Yelnosky On Judicial Selection, 5/23/2016, Roger Williams University School Of Law, Edward Fitzpartick

Life of the Law School (1993- )

No abstract provided.

Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel

Georgia Journal of International & Comparative Law

No abstract provided.

The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris

Georgia Journal of International & Comparative Law

No abstract provided.

English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye

Georgia Journal of International & Comparative Law

No abstract provided.

Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.

Some Structural Dilemmas Of World Organization, C. Wilfred Jenks

Georgia Journal of International & Comparative Law

No abstract provided.

Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications, Sarah Lucy Cooper

Richmond Journal of Law and the Public Interest

This article confirms the existence of these legal process-centric themes and considers some potential implications of these approaches. Part I briefly sets out key tenets of the legal process vision and provides some back- ground to the American Innocence Movement. Using examples from relevant case law, Part II examines the courts’ approaches thematically, demonstrating how the courts exhibit loyalty to the legal process vision. It also considers the implications of this loyalty, including that it can result in both the extraction of science from its social context and an awkward approach towards discerning between credible and incredible forensic science evidence …

Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications, Sarah Lucy Cooper

Richmond Public Interest Law Review

This article confirms the existence of these legal process-centric themes and considers some potential implications of these approaches. Part I briefly sets out key tenets of the legal process vision and provides some back- ground to the American Innocence Movement. Using examples from relevant case law, Part II examines the courts’ approaches thematically, demonstrating how the courts exhibit loyalty to the legal process vision. It also considers the implications of this loyalty, including that it can result in both the extraction of science from its social context and an awkward approach towards discerning between credible and incredible forensic science evidence …

Opinion: Testimony Concerning The Separation Of Powers And The Judiciary, Lumen N. Mulligan

Faculty Works

Separation of powers and the judiciary - or judicial independence as it is often termed - "refers to the need for courts that are fair and impartial when reviewing cases and rendering decisions, ... [which] requires freedom from outside influence or political intimidation." As recognized by President Ronald Reagan, and scores upon scores of our nation's most preeminent leaders, "[the] independence of the courts from improper political influence is a sacred principle, .... It must always be guarded."

This cornerstone of our free society - judicial independence - has been the bedrock of Kansas' republican form of government since the …

Online Issue: Table Of Contents

University of Richmond Law Review

No abstract provided.

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.

The Teaching Of International Law, Ian Brownlie

Georgia Journal of International & Comparative Law

No abstract provided.

Foreign Policy And The Government Legal Adviser, Henry Darwin

Georgia Journal of International & Comparative Law

No abstract provided.

The Function Of The International Court Of Justice In The World Community, Ernest A. Gross

Georgia Journal of International & Comparative Law

No abstract provided.