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Articles 1 - 30 of 383
Full-Text Articles in Judges
Judicial Appointments Before Vacancies, Vasan Kesavan
Judicial Appointments Before Vacancies, Vasan Kesavan
Pepperdine Law Review
Appointments are about power—presidential power. There is no greater presidential appointment power than the power to appoint federal judges who are expected to serve for life. Judicial appointments allow the President to shape one branch of the federal government for decades to come, perhaps decisively, thereby helping to define his legacy. Of all judicial appointments, there is nothing more significant than appointments to the Supreme Court, if the President even has the opportunity during his term. But these appointments are the most difficult for the President to make in the most partisan political period in our lifetimes. May a President, …
Cover, Table Of Contents & Masthead, Kateri J. Son
Cover, Table Of Contents & Masthead, Kateri J. Son
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries Of Administrative Law Cases, Kimberly M. Papadantonakis
Legal Summaries Of Administrative Law Cases, Kimberly M. Papadantonakis
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Benchmarked For Arbitration: Work Avoidance As An Explanation For Why Judges Have Become Increasingly Favorable Toward Compelled Arbitration, Michael Conklin
Benchmarked For Arbitration: Work Avoidance As An Explanation For Why Judges Have Become Increasingly Favorable Toward Compelled Arbitration, Michael Conklin
Pepperdine Law Review
The clear trajectory over the last 100 years has been for judges to become increasingly more favorable toward sending disputes to compelled arbitration and enforcing arbitration awards. This results in a modern widespread proliferation of compelled arbitration that has become increasingly controversial. Some have alleged that the steady trend toward courts favoring compelled arbitration is the result of a corresponding building up of trust among judges in the arbitration process. This Article posits an alternative theory: Namely, judges face immense incentives to clear their dockets, and compelled arbitration is a highly efficient tool to that end. Exploring the historical trajectory …
Stipulations Of Law And Agency Independence, Jack Ferguson
Stipulations Of Law And Agency Independence, Jack Ferguson
Pepperdine Law Review
The Supreme Court granted certiorari in SEC v. Jarkesy to consider whether good-cause removal protections for SEC administrative law judges violate the Constitution, but ultimately left the question unanswered. The lower court holding that the removal protections are unconstitutional remains on the books for now, neither affirmed nor reversed. And a circuit split lives on. The removal power question is likely headed back to the Supreme Court before long. This Essay examines a key premise of the Jarkesy litigation and its leading precedent, the 2010 case Free Enterprise Fund v. Public Co. Accounting Oversight Board. In both cases, the parties …
Cover, Table Of Contents & Masthead, Kateri Son
Cover, Table Of Contents & Masthead, Kateri Son
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries Of Administrative Law Cases, Kimberly M. Papadantonakis
Legal Summaries Of Administrative Law Cases, Kimberly M. Papadantonakis
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Cover, Table Of Contents & Masthead, Mariam Antony
Cover, Table Of Contents & Masthead, Mariam Antony
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Word Is "Humility": Why The Supreme Court Needed To Adopt A Code Of Judicial Ethics, Laurie L. Levenson
The Word Is "Humility": Why The Supreme Court Needed To Adopt A Code Of Judicial Ethics, Laurie L. Levenson
Pepperdine Law Review
The Supreme Court is one of our most precious institutions. However, for the last few years, American confidence in the Court has dropped to a new low. Less than 40% of Americans have confidence in the Court and its decisions. Recent revelations regarding luxury trips, gifts, and exclusive access for certain individuals to the Justices have raised questions about whether the Justices understand their basic ethical duties and can act in a fair and impartial manner. As commentators have noted, the Supreme Court stood as the only court in America that was not governed by an ethical code. The question …
Partisanship "All The Way Down" On The U.S. Supreme Court, Lee Epstein
Partisanship "All The Way Down" On The U.S. Supreme Court, Lee Epstein
Pepperdine Law Review
Just as the American public is politically polarized, so too is the U.S. Supreme Court. More than ever before, a clear alignment exists between the Justices’ partisanship and their ideological leanings (known as “partisan sorting”). Disapproval of opposing-party identifiers also appears to have intensified (“partisan antipathy”). This Article offers evidence of both forms of polarization. It shows that partisan sorting has resulted in wide gaps in voting between Republican and Democratic appointees; and it supplies data on “us-against-them” judging in the form of increasing antipathy toward opposite-partisan presidents. Taken collectively, the data point not to law “all the way down,” …
The Play’S The Thing: A Response To Judge Benjamin Beaton, Aaron J. Walayat
The Play’S The Thing: A Response To Judge Benjamin Beaton, Aaron J. Walayat
Pepperdine Law Review
In a recent speech, later published as an essay, the Hon. Benjamin Beaton of the United States District Court for the Western District of Kentucky shared his critical suggestions against the use of the honorific “Your Honor,” preferring instead the more neutral title “judge.” Judge Beaton’s reason for this preference stems from a fear that the current practice of judicial titles emphasizes status over function, which may inflate the individual judge’s ego while miscommunicating to the public that judges make, rather than find, law. This position, however, is misguided. Judicial titles emphasize the authority of the law through the authority …
Judicial Fidelity, Caprice L. Roberts
Judicial Fidelity, Caprice L. Roberts
Pepperdine Law Review
Judicial critics abound. Some say the rule of law is dead across all three branches of government. Four are dead if you count the media as the fourth estate. All are in trouble, even if one approves of each branch’s headlines, but none of them are dead. Not yet. Pundits and scholars see the latest term of the Supreme Court as clear evidence of partisan politics and unbridled power. They decry an upheaval of laws and norms demonstrating the dire situation across the federal judiciary. Democracy is not dead even when the Court issues opinions that overturn precedent, upends long-standing …
Cover, Masthead And Table Of Contents, Ashley Antony
Cover, Masthead And Table Of Contents, Ashley Antony
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Unclear Guidelines From The Sentencing Commission And A Prejudiced Warden Result In (Un)Compassionate Release, Mary Trotter
Unclear Guidelines From The Sentencing Commission And A Prejudiced Warden Result In (Un)Compassionate Release, Mary Trotter
Journal of the National Association of Administrative Law Judiciary
Congress first developed compassionate release in 1984, granting federal courts the authority to reduce sentences for “extraordinary and compelling” reasons. Compassionate release allows the Federal Bureau of Prisons (BOP) and inmates to apply for immediate early release on grounds of “particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing.” Questions remain about how the BOP and the courts grant compassionate release and whether the courts apply the compassionate release guidelines consistently. The uncertainty is due to the lack of clarity from the USSC to define “extraordinary or compelling circumstances,” …
Masthead And Table Of Contents, Deepika Chandrashekar
Masthead And Table Of Contents, Deepika Chandrashekar
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne
All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne
Journal of the National Association of Administrative Law Judiciary
After an introduction and explanation of bias in Part I, Part II of this article explores the issue of bias and the underlying factors that configure bias, such as attitude, stereotype, and prejudice. Part II also examines the two principal types of bias, explicit bias and implicit bias, and defines common subsets of bias, such as gender bias. Part III presents implicit bias as an unconscious, utilitarian, and neuroscientific mechanism. Part III examines the neuroscience of decision-making and the neural structures that influence and regulate decision-making processes. Part III also discusses emotion as an underpinning to decision-making and the role …
Masthead And Table Of Contents, Deepika Chandrashekar
Masthead And Table Of Contents, Deepika Chandrashekar
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Table Of Contents & Masthead, Cara M. Macdonald
Table Of Contents & Masthead, Cara M. Macdonald
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Table Of Contents & Masthead, Cara M. Macdonald
Table Of Contents & Masthead, Cara M. Macdonald
Journal of the National Association of Administrative Law Judiciary
Journal of the National Association of Administrative Law Judiciary, NAALJ, Contents, editorial board, Pepperdine University, Caruso School of Law
Masthead & Table Of Contents, Zachary T. Remijas
Masthead & Table Of Contents, Zachary T. Remijas
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
No Amendment? No Problem: Judges, “Informal Amendment,” And The Evolution Of Constitutional Meaning In The Federal Democracies Of Australia, Canada, India, And The United States, John V. Orth, John Gava, Arvind P. Bhanu, Paul T. Babie
No Amendment? No Problem: Judges, “Informal Amendment,” And The Evolution Of Constitutional Meaning In The Federal Democracies Of Australia, Canada, India, And The United States, John V. Orth, John Gava, Arvind P. Bhanu, Paul T. Babie
Pepperdine Law Review
This article considers the way in which judges play a significant role in developing the meaning of a constitution through the exercise of interpretive choices that have the effect of “informally amending” the text. We demonstrate this by examining four written federal democratic constitutions: those of the United States, the first written federal democratic constitution; India, the federal constitution of the largest democracy on earth; and the constitutions of Canada and Australia, both federal and democratic, but emerging from the English unwritten tradition. We divide our consideration of these constitutions into two ideal types, identified by Bruce Ackerman: the “revolutionary” …
Table Of Contents And Masthead, Zachary T. Remijas
Table Of Contents And Masthead, Zachary T. Remijas
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Jewish Law Perspectives On Judicial Settlement Practice, Shlomo Pill
Jewish Law Perspectives On Judicial Settlement Practice, Shlomo Pill
Pepperdine Dispute Resolution Law Journal
The classic adjudicatory paradigm of opposing attorneys facing off at trial before a judge and jury in order to receive a favorable judgment is an image long past. Increased litigation volume, and the added time and expense of modern litigation has resulted in a rich practice of judges working to broker settlements between litigants in lieu of formal adjudication. Judicial settlement is the subject of much debate, however, and the diverse range of judicial practice in this area reflects the institutional, ethical, and jurisprudential uncertainties we still have regarding the propriety of judges facilitating settlements. This paper offers a new …
Court Expansion And The Restoration Of Democracy: The Case For Constitutional Hardball, Aaron Belkin
Court Expansion And The Restoration Of Democracy: The Case For Constitutional Hardball, Aaron Belkin
Pepperdine Law Review
Neither electoral politics, norms preservation, nor modest good government reform can restore the political system because they cannot mitigate the primary threat to the American democracy, Republican radicalism. Those who believe otherwise fail to appreciate how and why radicalism will continue to impede democratic restoration regardless of what happens at the ballot box, misdiagnose the underlying factors that produce and sustain GOP radicalism, and under-estimate the degree of democratic deterioration that has already taken place. Republicans do not need to prevail in every election to forestall the restoration of democracy or to prevent Democrats from governing. The only viable path …
A Call For America's Law Professors To Oppose Court-Packing, Bruce Ledewitz
A Call For America's Law Professors To Oppose Court-Packing, Bruce Ledewitz
Pepperdine Law Review
A Court-packing proposal is imminent. Mainstream Democratic Party Presidential Candidates are already supporting it. The number of Justices on the Supreme Court has been set at nine since 1869, but this is merely a statutory requirement. As soon as Democrats regain control of the Presidency and the Congress, Court-packing will be on the agenda, either expressly or under the guise of Court-reform. Now is the time for the American legal academy to join together to oppose this threat. Court-packing would threaten democracy, destroy the rule of law and undermine judicial independence. It is a pointless and unnecessary reaction born of …
Table Of Contents And Masthead, Lauren Jacobs
Table Of Contents And Masthead, Lauren Jacobs
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Table Of Contents And Masthead, Lauren Jacobs
Table Of Contents And Masthead, Lauren Jacobs
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Filling The Illinois Federal District Court Vacancies, Carl Tobias
Filling The Illinois Federal District Court Vacancies, Carl Tobias
Pepperdine Law Review
President Donald Trump repeatedly argues that appellate court appointments constitute his major success. The President and the United States Senate Republican Party majority have established records by approving fifty very conservative, young, and capable appellate court jurists. However, their confirmations have exacted a toll, particularly from the many federal district courts which address seventy-nine unfilled positions in 677 judicial posts. One constructive illustration has been the three Illinois tribunals which confront five pressing openings. The Administrative Office of the United States Courts classifies three as “emergencies,” because the vacant seats have been protracted and involve substantial caseloads. Despite this circumstance, …
2020 Fellowship Topic Announcement, National Association Of Administrative Law Judiciary
2020 Fellowship Topic Announcement, National Association Of Administrative Law Judiciary
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Table Of Contents And Editorial Board, Yoori Chung
Table Of Contents And Editorial Board, Yoori Chung
Journal of the National Association of Administrative Law Judiciary
No abstract provided.