Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (51)
- Constitutional Law (29)
- Jurisprudence (25)
- Legal History (19)
- Supreme Court of the United States (18)
-
- Criminal Law (16)
- Law and Politics (15)
- Law and Society (12)
- Litigation (12)
- State and Local Government Law (12)
- Civil Rights and Discrimination (11)
- Administrative Law (10)
- Legal Ethics and Professional Responsibility (10)
- Legislation (10)
- Civil Procedure (8)
- Civil Law (7)
- Common Law (7)
- Criminal Procedure (7)
- Legal Profession (7)
- Fourteenth Amendment (6)
- Public Law and Legal Theory (6)
- Agency (5)
- Business Organizations Law (5)
- Immigration Law (5)
- Labor and Employment Law (5)
- Law and Philosophy (5)
- Public Interest (5)
- Securities Law (5)
- Keyword
-
- Judges (31)
- Judicial Appointment (15)
- Judicial Selection (15)
- Nominating (10)
- Nominating Committee (10)
-
- Nomination (10)
- Supreme Court (9)
- Judge (7)
- George bundy smith (6)
- New york state court (6)
- Tribute (6)
- Accountability (5)
- Commission (5)
- Congress (5)
- Independence (5)
- Judicial performance (5)
- Legitimacy (5)
- Supreme court (5)
- Commissions (4)
- Judicial independence (4)
- Principles (4)
- Representativeness (4)
- Transparency (4)
- Civil Rights Act of 1866 (3)
- Civil War (3)
- Constitution (3)
- Corporate Law (3)
- Ethics (3)
- New York (3)
- Pennsylvania (3)
- Publication Year
- Publication
- Publication Type
Articles 91 - 120 of 155
Full-Text Articles in Judges
A Tribute To Hon. George Bundy Smith -- Excellence, Sandra Jefferson Grannum
A Tribute To Hon. George Bundy Smith -- Excellence, Sandra Jefferson Grannum
Fordham Urban Law Journal
A tribute to George Bundy Smith, focusing on his commitment to excellence as a teacher, mentor, and professional.
A Tribute To Hon. George Bundy Smith -- Leadership, Fern Fisher
A Tribute To Hon. George Bundy Smith -- Leadership, Fern Fisher
Fordham Urban Law Journal
A tribute to George Bundy Smith, highlighting his commitment to social justice.
A Tribute To Hon. George Bundy Smith, William Michael Treanor
A Tribute To Hon. George Bundy Smith, William Michael Treanor
Fordham Urban Law Journal
Opening remarks at ceremony honoring Judge George Bundy Smith, including anecdotes from past students, an overview of Judge Smith's career and accomplishments, and a recognition of distinguished guests in the audience.
Judicial Performance Review: A Balance Between Judicial Independence And Public Accountability, Jean E. Dubofsky
Judicial Performance Review: A Balance Between Judicial Independence And Public Accountability, Jean E. Dubofsky
Fordham Urban Law Journal
This article discusses judicial appointment and judicial independence in Colorado. The article argues that in Colorado, the independence of the judiciary needs to be protected, perhaps more than at any other time in the state’s history. While public accountability is important, it is achieved through the executive and legislative branches of the government. The courts function best if judges are free to decide each case without regard to how the general public might put a thumb on the scales of justice. To the degree that judicial performance commissions can protect judicial independence, while providing voters in retention elections with sufficient …
A Comparison Of The Criminal Appellate Decisions Of Appointed State Supreme Courts: Insights, Questions, And Implications For Judicial Independence, Aman L. Mcleod
Fordham Urban Law Journal
This Article presents the results of a study conducted to see whether state supreme courts selected in states with dissimilar appointment systems differ in the way they decide criminal appeals. Comparing the criminal decisions of courts selected with different appointment systems may also suggest something about how different appointment systems impact judicial independence.
What Makes A Good Appointive System For The Selection Of State Court Judges: The Vision Of The Symposium, Norman L. Greene
What Makes A Good Appointive System For The Selection Of State Court Judges: The Vision Of The Symposium, Norman L. Greene
Fordham Urban Law Journal
This Article contains two parts. First, it sets forth the context of the symposium, including reflections on how judges are being selected now through the elective process, the need for a better approach to judicial selection, and the particular climate in New York at the time of the symposium and thereafter. The New York discussion will focus on the district court and Second Circuit decisions in Lopez Torres v. New York State Board of Elections, which exposed and struck down as unconstitutional New York’s scheme for selecting certain trial court judges, under which political party leaders dictated judicial selection. Second, …
Beyond Quality: First Principles In Judicial Selection And Their Application To A Commission-Based Selection System, Jeffrey D. Jackson
Beyond Quality: First Principles In Judicial Selection And Their Application To A Commission-Based Selection System, Jeffrey D. Jackson
Fordham Urban Law Journal
This article discusses the principles that the judicial system should advance in the selection of its judges. In addition to judicial quality, there are five other “first principles” that should be advanced in an optimal selection system: independence, accountability, representativeness, legitimacy, and transparency.
How The Pickers Pick: Finding A Set Of Best Practices For Judicial Nominating Commissions, Rachel Paine Caufield
How The Pickers Pick: Finding A Set Of Best Practices For Judicial Nominating Commissions, Rachel Paine Caufield
Fordham Urban Law Journal
This article discusses the history and development of judicial selection in the states. It examines the 'merit selection' system of judicial appointment and the role of nominating commissions. The article concludes with a section of recommendations for the best practices that should be formally written down and adopted by nominating commissions.
Rethinking Judicial Selection: A Critical Appraisal Of Appointive Selection For State Court Judges, John D. Feerick
Rethinking Judicial Selection: A Critical Appraisal Of Appointive Selection For State Court Judges, John D. Feerick
Fordham Urban Law Journal
Transcript of the keynote address delivered at Fordham University School of law on April 7, 2006. The speaker discusses the various shortcomings in the judicial selection methodology in New York State and what he and others have thought of as solutions for the problems.
A View From The Ground: A Reform Group’S Perspective On The Ongoing Effort To Achieve Merit Selection Of Judges, Shira J. Goodman, Lynn A. Marks
A View From The Ground: A Reform Group’S Perspective On The Ongoing Effort To Achieve Merit Selection Of Judges, Shira J. Goodman, Lynn A. Marks
Fordham Urban Law Journal
This article describes the history of judicial selection in the state of Pennsylvania. It describes the judicial selection reform movement and the growth of the organization Pennsylvanians for Modern Courts ("PMC") which devises solutions to meet the various challenges to judicial integrity in Pennsylvania. It focuses on the merit system that PMC has been trying to achieve for Pennsylvania's appellate courts.
The Judicial Independence Through Fair Appointments Act, Norman L. Greene
The Judicial Independence Through Fair Appointments Act, Norman L. Greene
Fordham Urban Law Journal
The Judicial Independence Through Fair Appointments Act is a model act which provides a merit-based system for selecting a qualified, independent, accountable, and diverse judiciary based onclose study of existing systems. It provides the entire structure of a judicial selection by appointment system, building on concepts in established commission-based appointment plans and incorporating important refinements.
On The Validity And Vitality Of Arizona’S Judicial Merit Selection System: Past, Present, And Future, Mark I. Harrison, Sara S. Greene, Keith Swisher, Meghan H. Grabel
On The Validity And Vitality Of Arizona’S Judicial Merit Selection System: Past, Present, And Future, Mark I. Harrison, Sara S. Greene, Keith Swisher, Meghan H. Grabel
Fordham Urban Law Journal
This Article demonstrates that merit selection is functioning commendably in Arizona and, for the most part, provides the public with a judicial selection process far more informative and generally superior to “traditional elections.” Part I of this Article sketches the history of Arizona’s merit selection of judges and its previous state-wide judicial election system. Part II discusses and analyzes attacks on merit selection and, in addition, assesses the effect of the Judicial Performance Review program initiated in 1992 to enhance the efficacy of the merit selection system. Finally, Part III describes the current status of merit selection in Arizona and …
Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman
Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman
Fordham Urban Law Journal
This article gives an anecdotal account of the authors attempt to apply for a position as a State Court Judge that he saw posted in the newspaper. The article uses the job posting concept as a starting point to argue that the system of judicial appointment in New York needs to be reworked and there needs to be new and creative solutions brought into the discussion.
Enriching Judicial Independence: Seeking To Improve The Retention Vote Phase Of An Appointive Selection System, John F. Irwin, Daniel L. Real
Enriching Judicial Independence: Seeking To Improve The Retention Vote Phase Of An Appointive Selection System, John F. Irwin, Daniel L. Real
Fordham Urban Law Journal
This article discusses the problems and potential solutions with the system of judicial appointment in the state of Nebraska. The article focuses on how improving public awareness about the existing system, its goals, and its current weaknesses, and implementing steps to address those weaknesses, will help to keep everyone moving toward the best possible system. While changing attitudes and interest in judicial retention elections is certainly not an easy task, it is only through seeking such change that reformers of an elective retention system can hope to near its potential effectiveness.
Designing An Appointive System: The Key Issues, G. Alan Tarr
Designing An Appointive System: The Key Issues, G. Alan Tarr
Fordham Urban Law Journal
This article contains a selection of advice on how to improve the judicial selection system. The article explains that reconsideration of the judicial appointive systems must include both the broadly theoretical and the intensely practical. It should identify the key questions that must be addressed in creating a system of judicial appointment, elaborate and defend the principles that should guide choices among alternative appointive systems, and clarify how those principles can be translated into institutional arrangements that will advance the goal of a quality judiciary. This reconsideration should also take seriously the arguments and claims of those who oppose the …
Symposium On Rethinking Judicial Selection: A Critical Appraisal Of Appointive Selection For State Court Judges, William Michael Treanor
Symposium On Rethinking Judicial Selection: A Critical Appraisal Of Appointive Selection For State Court Judges, William Michael Treanor
Fordham Urban Law Journal
This introduction dedicates this edition of the Urban Law Journal to the memory of Judge Marilyn Hall Patel. Judge Patel is known as a judge of the greatest independence and integrity, and her opinions reflect both her concern with the judicial craft and her inspiring commitment to justice and fairness.
Appointing Judges The European Way, Mary L. Volcansek
Appointing Judges The European Way, Mary L. Volcansek
Fordham Urban Law Journal
This Article looks at methods of judicial selection in Europe as a way to contrast and perhaps better understand and improve the systems of judicial selection used in the United States. The article argues that in Europe, judicial independence is prized above and beyond any other possible positive trait. The democratic legitimacy of European judges derives from the intimate connection between democracy and the rule of law. Legitimacy does not attach, in the public eye, to a single political institution, but rather to the system as a whole.
Careful What You Wish For: Tough Questions, Honest Answers, And Innovative Approaches To Appointive Judicial Selection, Steven Zeidman
Careful What You Wish For: Tough Questions, Honest Answers, And Innovative Approaches To Appointive Judicial Selection, Steven Zeidman
Fordham Urban Law Journal
This Essay, informed in significant part by personal experience, examines in greater detail some of the common features of appointive systems, and in the process raises issues, concerns, and questions. Every step of the way the goal remains the same—to devise an appointive system most likely to yield as outstanding a judiciary as possible.
A Cancer On The Republic: The Assault Upon Impartiality Of State Courts And The Challenge To Judicial Selection, Donald L. Burnett
A Cancer On The Republic: The Assault Upon Impartiality Of State Courts And The Challenge To Judicial Selection, Donald L. Burnett
Fordham Urban Law Journal
This Article examines judicial impartiality in the context of the state courts. Section I endeavors to show how impartial state courts are essential to fulfilling the constitutional guarantees of a republican form of government and of due process and equal protection of the law. Section II describes the current assault upon the impartiality of state courts, and Section III suggests several ways in which this cancer on the republic can be slowed or reversed—by specific actions within, or related to, the judicial selection process.
A Tribute To Hon. George Bundy Smith -- Colleague, Teacher, And Friend, Judith S. Kaye
A Tribute To Hon. George Bundy Smith -- Colleague, Teacher, And Friend, Judith S. Kaye
Fordham Urban Law Journal
A tribute to Judge George Bundy Smith, discussing his work ethic both as a judge, professor, and mentor, his principles as a jurist, and his personal qualities.
A Tribute To Hon. George Bundy Smith -- A Friend And Colleague, Richard C. Wesley
A Tribute To Hon. George Bundy Smith -- A Friend And Colleague, Richard C. Wesley
Fordham Urban Law Journal
A tribute to George Bundy Smith, recalling time spent as colleagues and friends at the New York State Court of Appeals. The remarks describe Judge Smith on a personal and professional, discussing work he performed at the NAACP, and described his education in some detail.
A Tribute To Hon. George Bundy Smith -- A Remarkable Jurist And A Remarkable Man, Cornett Lewers
A Tribute To Hon. George Bundy Smith -- A Remarkable Jurist And A Remarkable Man, Cornett Lewers
Fordham Urban Law Journal
A tribute to George Bundy Smith, emphasizing his contributions to The Metropolitan Black Bar Association and the Metropolitan Black Bar Scholarship Fund, as well as his past work as a civil rights protester, and an accomplished jurist.
Prosecuting Judges For Ethical Violations: Are Criminal Sanctions Constitutional And Prudent, Or Do They Constitute A Threat To Judicial Independence?, Abraham Abramovsky, Jonathan I. Edelstein
Prosecuting Judges For Ethical Violations: Are Criminal Sanctions Constitutional And Prudent, Or Do They Constitute A Threat To Judicial Independence?, Abraham Abramovsky, Jonathan I. Edelstein
Fordham Urban Law Journal
This Article examines the constitutional and practical issues surrounding the prosecutions of judges for ethical violations. The first part of this Article will focus on the Garson prosecution as an example of unwarranted prosecution of judges for violation of ethical codes. The second part examines cases elsewhere in the United States in which judges and other public officials have been prosecuted for violations of ethical codes. Finally, the third part discusses the threats to judicial independence that exist even under the current American legal Framework, as well as the growing tendency to blur the line between civil and criminal liability. …
Congress's Power To Enforce Fourteenth Amendment Rights: Lessons From Federal Remedies The Framers Enacted , Robert J. Kaczorowski
Congress's Power To Enforce Fourteenth Amendment Rights: Lessons From Federal Remedies The Framers Enacted , Robert J. Kaczorowski
Faculty Scholarship
Professor Robert Kaczorowski argues for an expansive originalist interpretation of Congressional power under the Fourteenth Amendment. Before the Civil War Congress actually exercised, and the Supreme Court repeatedly upheld plenary Congressional power to enforce the constitutional rights of slaveholders. After the Civil War, the framers of the Fourteenth Amendment copied the antebellum statutes and exercised plenary power to enforce the constitutional rights of all American citizens when they enacted the Civil Rights Act of 1866 and then incorporated the Act into the Fourteenth Amendment. The framers of the Fourteenth Amendment thereby exercised the plenary power the Rehnquist Court claims the …
Foreseeing Greatness - Measurable Performance Criteria And The Selection Of Supreme Court Justices Symposium: Empirical Measures Of Judicial Performance, James J. Brudney
Foreseeing Greatness - Measurable Performance Criteria And The Selection Of Supreme Court Justices Symposium: Empirical Measures Of Judicial Performance, James J. Brudney
Faculty Scholarship
This article contributes to an ongoing debate about the feasibility and desirability of measuring the merit of appellate judges - and their consequent Supreme Court potential - by using objective performance variables. Relying on the provocative and controversial tournament criteria proposed by Professors Stephen Choi and Mitu Gulati in two recent articles, Brudney assesses the Supreme Court potential of Warren Burger and Harry Blackmun based on their appellate court records. He finds that Burger's appellate performance appears more promising under the Choi and Gulati criteria, but then demonstrates how little guidance these quantitative assessments actually provide when reviewing the two …
Recalibrating Federal Judicial Independence Symposium: Perspectives On Judicial Independence: Accountability And Separation Of Power Issues, James J. Brudney
Recalibrating Federal Judicial Independence Symposium: Perspectives On Judicial Independence: Accountability And Separation Of Power Issues, James J. Brudney
Faculty Scholarship
It is well settled that independent courts play a vital role in promoting rule-of-law and separation-of-powers norms. At the same time, judicial independence must be reconciled with other values that we also wish to recognize as foundational. Professor Brudney addresses two areas of controversy that are associated with the celebration of judicial autonomy in our legal culture. He first discusses the role of political and personal background factors in shaping judicial selection and influencing judicial outcomes. He explains why both the President and Congress have come to rely increasingly on such background factors when seeking to anticipate the broad contours …
Telephone Justice, Pandering, And Judges Who Speak Out Of School, Randall T. Shepard
Telephone Justice, Pandering, And Judges Who Speak Out Of School, Randall T. Shepard
Fordham Urban Law Journal
This Article addresses the growing influence of outside forces on the judiciary. The Article details four situations in which a judge may feel the pressure of outside forces: confirmation hearings, subsequent political pressure, election campaigns, and situations involving the media. It criticizes the actions taken by Judge Thomas Penfield Jackson in the Microsoft antitrust case, most notable the numerous public remarks made while the trial was still in progress. The author concludes that judges set the standards for the way law is practiced and must therefore ignore the external pressures and strive to be models of integrity and justice.
If You Gag The Lawyers, Do You Choke The Courts? Some Implications For Judges When Funding Restrictions Curb Advocacy By Lawyers On Behalf Of The Poor, Laura K. Abel, David S. Udell
If You Gag The Lawyers, Do You Choke The Courts? Some Implications For Judges When Funding Restrictions Curb Advocacy By Lawyers On Behalf Of The Poor, Laura K. Abel, David S. Udell
Fordham Urban Law Journal
This Article examines restrictions on legal services lawyers that are particularly likely to cause interference with the core functions of the courts. It also examines the effect on state courts of federal restrictions on the funding that state and local governments provide for legal services. The Article also discusses the separation of powers and federalism implications of these incursions into court operations. It advocates for the application of the Supreme Court's reasoning in Legal Services Corp. v. Velazquez.
The Ethical Foundations Of American Judicial Independence, Vincent R. Johnson
The Ethical Foundations Of American Judicial Independence, Vincent R. Johnson
Fordham Urban Law Journal
This Articles discusses the various underpinnings of American judicial independence. Though giving credence to provisions such as selection, compensation, and retention, the Article focuses on the judicial ethical norms that have developed through the history of the United States. It covers such rules as ex parte communications, gifts, political activities, and codes applicable to lawyers.
The Cycle Of Judicial Elections: Texas As A Case Study, Anthony Champagne, Kyle Cheek
The Cycle Of Judicial Elections: Texas As A Case Study, Anthony Champagne, Kyle Cheek
Fordham Urban Law Journal
This Article addresses the concerns about the implications of an elected judiciary. Advocating for overall reform, the Article presents Texas as a case study. It tracks the cycle of change in Texas, from party appointments to the bench to two-party competition and back towards one-party dominance. The Article discusses the problems these changes caused and addresses the attempted reform efforts.