Judges Commons^™

A Principled Approach To The Quest For Racial Diversity On The Judiciary, Luis Fuentes-Rohwer, Kevin R. Johnson

Articles by Maurer Faculty

As has been the case with respect to many political and social institutions in American society, diversity has been demanded, and at times pursued, in the nomination and appointment of state and federal judges. Nonetheless, commentators have long lamented the lack of diversity among judges in the United States.

U.S. Supreme Court appointments epitomize the glaring lack of diversity on the federal judiciary. Not until 1967 did President Lyndon Baines Johnson appoint the first African American Justice, Thurgood Marshall, to the Court. Since then, a more diverse group of judges has served on the state and federal courts than throughout …

Functional Departmentalism And Nonjudicial Interpretation: Who Determines Constitutional Meaning?, Dawn E. Johnsen

Articles by Maurer Faculty

Published as part of a Duke Law School symposium on Conservative and Progressive Legal Orders, this article considers the appropriate role of the political branches - Congress and the President - in the development of constitutional meaning, including the extent of presidential and congressional authority to act on constitutional views at odds with judicial doctrine. The article discusses deficiencies in strong forms of both judicial supremacy (such as that behind the Rehnquist Court's recent limits on Congress's section 5 authority) and what is described in the academic literature as departmentalism (which emphasizes near-plenary authority for each branch to act on …

Rethinking Judicial Elections, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell

Articles by Maurer Faculty

No abstract provided.

Why Judicial Elections Stink, Charles G. Geyh

Articles by Maurer Faculty

Those who are concerned about judicial independence and accountability in the United States quite rightly focus their attention on state judicial election campaigns. It is there that the most sustained and successful efforts to threaten judicial tenure in response to isolated, unpopular judicial decisions have occurred; and it is there that escalating campaign spending has created a public perception that judges are influenced by the contributions they receive. Attempts to address these problems have been undermined by four political realities that the author refers to as "the Axiom of 80 ": Eighty percent of the public favors electing their judges; …

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

Articles by Maurer Faculty

No abstract provided.

Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson

Indiana Law Journal

No abstract provided.

The Independence Of The Judicial Branch In The New Republic, Charles G. Geyh, Emily Field Van Tassel

Articles by Maurer Faculty

No abstract provided.

Sense And Sensibility: Justice Ruth Bader Ginsburg's Mentoring Style As A Blend Of Rigor And Compassion, David C. Williams, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Religiously Devout Judges: Issues Of Personal Integrity And Public Benefit, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

What Is Law? A Search For Legal Meaning And Good Judging Under A Textualist Lens, Roger Colinvaux

Indiana Law Journal

No abstract provided.

A Tribute To The Honorable Phyllis A. Kravitch, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Impermeable Federalism, Pragmatic Silence, And The Long Range Plan For The Federal Courts, Lauren K. Robel

Indiana Law Journal

Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts

Proposed Long Range Plan For The Federal Courts: Ambition Or Abdication?, Myra C. Selby

Indiana Law Journal

Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts

Federal Court Long Range Planning: Fine Lines And Tightropes, Sarah Evans Barker

Indiana Law Journal

Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts

A Tribute To Justice Roger O. Debruler, Frank Sullivan Jr.

Indiana Law Journal

No abstract provided.

Elbert Parr Tuttle, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Paradise Lost, Paradigm Found: Redefining The Judiciary's Imperiled Role In Congress, Charles G. Geyh

Articles by Maurer Faculty

Long perceived as acting in splendid isolation, the legislative and judicial branches have become increasingly intertwined. The judiciary is becoming more involved in the legislative province of statutory reform, and Congress has inserted itself more frequently into the judicial territory of procedural rulemaking. In this article, Professor Geyh observes that a new, interactive paradigm has replaced the perceived model of separation and delegation between the brandies. As the judiciary and Congress have grown more enmeshed, the judiciary's reputation has suffered, both from a Watergate-vintage mistrust of all things governmental and from a perception that judicial activism is born of self-interest …

Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley

Indiana Law Journal

No abstract provided.

Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss

Indiana Law Journal

No abstract provided.

Highlighting A Low Point On A High Court: Some Thoughts On The Removal Of Pennsylvania Supreme Court Justice Rolf Larsen And The Limits Of Judicial Self-Regulation, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Improving Communications In The Courtroom Symposium (Welcoming Remarks And Statement Of The Issues), Newton N. Minow, Peter David Blanck

Indiana Law Journal

Symposium: Improving Communications in the Courtroom

Judge-Jury Communications: Improving Communications And Understanding Bias, Ladoris Hazzard Cordell, Robert Rosenthal, Charles F.C. Ruff, Steven J. Adler

Indiana Law Journal

Symposium: Improving Communications in the Courtroom

Science And Ethics In Conducting, Analyzing, And Reporting Social Science Research: Implications For Social Scientists, Judges, And Lawyers, Robert Rosenthal, Peter David Blanck

Indiana Law Journal

No abstract provided.

Motley Is Distinguished Jurist In Residence, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Informal Methods Of Judicial Discipline, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Adverse Publicity As A Means Of Reducing Judicial Decision-Making Delay: Periodic Disclosure Of Pending Motions, Bench Trials And Cases Under The Civil Justice Reform Act, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

L'Esprit De Holmes, Stephen A. Conrad

Indiana Law Journal

No abstract provided.

An Agency Cost Analysis Of The Sentencing Reform Act: Recalling The Virtues Of Delegating Complex Decisions, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

For many outside the legal profession, the end of a legal case is the reading of the verdict. However, that is only the beginning for those being judged. One of the most significant and delicate tasks within the sphere of the legal system is that of sentencing those convicted. Because of the extreme personal impact that a judge's sentencing has on each individual, the most effective approach to creating guidelines for sentencing has been a hot topic of debate. Upon the birth of the Sentencing Reform Act of 1984, the system changed from one of standards to one of often …