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Lynch And The Lunacy Of Secularized Religion, Frederick Mark Gedicks Jun 2012

Lynch And The Lunacy Of Secularized Religion, Frederick Mark Gedicks

Nevada Law Journal

Any “worst opinion ever” essay must start with criteria of badness. I propose three: (i) failure to explain why existing doctrine dictated the result, (ii) failure to articulate a rule that judges can consistently apply in subsequent cases, and (iii) failure to protect the interests of the prevailing party. Few opinions win this trifecta, but Lynch v. Donnelly is one of them.1 Chief Justice Burger and the Lynch majority would have left the world of church and state immeasurably enriched—or at least immeasurably less screwed up—if they had not written an opinion at all.

This is, to be sure, a …


Nigro V. United States: The Most Disingenuous Supreme Court Opinion, Ever, A. Christopher Bryant Jun 2012

Nigro V. United States: The Most Disingenuous Supreme Court Opinion, Ever, A. Christopher Bryant

Nevada Law Journal

No abstract provided.


Globe Refining Co. V. Landa Cotton Oil Co. And The Dark Side Of Reputation, Larry T. Garvin Jun 2012

Globe Refining Co. V. Landa Cotton Oil Co. And The Dark Side Of Reputation, Larry T. Garvin

Nevada Law Journal

No abstract provided.


Blackmun (And Scalia) At The Bat: The Court's Separation-Of-Powers Strike Out In Freytag, Tuan Samahon Jun 2012

Blackmun (And Scalia) At The Bat: The Court's Separation-Of-Powers Strike Out In Freytag, Tuan Samahon

Nevada Law Journal

No abstract provided.


Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel Jun 2012

Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Circumstance And Strategy: Jointly Authored Supreme Court Opinions, Laura Krugman Ray Jun 2012

Circumstance And Strategy: Jointly Authored Supreme Court Opinions, Laura Krugman Ray

Nevada Law Journal

No abstract provided.


Rethinking Judicial Disqualification Based On Campaign Contributions: A Practical Critique Of Post-Caperton Proposals And A Call For Greater Transparency, Ryan M. Mcinerney Jul 2011

Rethinking Judicial Disqualification Based On Campaign Contributions: A Practical Critique Of Post-Caperton Proposals And A Call For Greater Transparency, Ryan M. Mcinerney

Nevada Law Journal

No abstract provided.


Judicial Independence: A Call For Reform, Terence J. Lau Oct 2008

Judicial Independence: A Call For Reform, Terence J. Lau

Nevada Law Journal

According to retired Justice Sandra Day O’Connor, judicial independence is threatened now more so than any other time throughout history. Attacks on the judiciary have crossed the line from legitimate criticism to partisan harangues that threaten the ability of judges to rule fairly and without bias. This Article begins with a historical look at judicial independence as it has shaped the Supreme Court, including the impeachment of Samuel Chase, Ex Parte McCardle and the court-packing plan and concludes with a call for reform to the judicial appointment process to permit greater transparency in judicial selection.


Thoughts On Misjudging Misjudging, Stephen N. Subrin Mar 2007

Thoughts On Misjudging Misjudging, Stephen N. Subrin

Nevada Law Journal

No abstract provided.


Misjudging, Chris Guthrie Mar 2007

Misjudging, Chris Guthrie

Nevada Law Journal

No abstract provided.


Judging Judges And Dispute Resolution Processes, John Lande Mar 2007

Judging Judges And Dispute Resolution Processes, John Lande

Nevada Law Journal

No abstract provided.


Nobody's Perfect, Stephan Landsman Mar 2007

Nobody's Perfect, Stephan Landsman

Nevada Law Journal

No abstract provided.


Mis(Understanding)Judging, Philip M. Pro Mar 2007

Mis(Understanding)Judging, Philip M. Pro

Nevada Law Journal

No abstract provided.


Misjudging: Implications For Dispute Resolution, Donna Shestowsky Mar 2007

Misjudging: Implications For Dispute Resolution, Donna Shestowsky

Nevada Law Journal

In the lead symposium article, Chris Guthrie describes recent research demonstrating empirically that judges, just like other people, are affected by cognitive, informational, and attitudinal blinders. He argues that these blinders promote inaccurate trial outcomes and, as a result, disputants might find trials less desirable for resolving disputes. In her response, Shestowsky argues that these findings might not affect disputants in the way that Guthrie supposes because disputants are not primarily guided by outcome accuracy considerations when evaluating dispute resolution procedures. Rather, when choosing procedures, they prefer ones that they expect to deliver outcomes that will advance their self-interests. When …


Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben Mar 2007

Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben

Nevada Law Journal

No abstract provided.


On Misjudging And Its Implications For Criminal Defendants, Their Lawyers And The Criminal Justice System, Rodney J. Uphoff Mar 2007

On Misjudging And Its Implications For Criminal Defendants, Their Lawyers And The Criminal Justice System, Rodney J. Uphoff

Nevada Law Journal

No abstract provided.


But What Will They Do Without Unpublished Opinions?: Some Alternatives For Dealing With The Ninth Circuit's Massive Caseload Post F.R.A.P. 32.1, Bryan Wright Sep 2006

But What Will They Do Without Unpublished Opinions?: Some Alternatives For Dealing With The Ninth Circuit's Massive Caseload Post F.R.A.P. 32.1, Bryan Wright

Nevada Law Journal

No abstract provided.


Judicial Predilections, John Paul Stevens Sep 2005

Judicial Predilections, John Paul Stevens

Nevada Law Journal

No abstract provided.


Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser Sep 2005

Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser

Nevada Law Journal

Nevada Supreme Court Justice Miriam Shearing retired at the end of her second term on January 4, 2005. Over the nearly thirty years of her very public life on the bench, many have ,written of her accomplishments as the first woman to enter the brotherhood of the Nevada judiciary.' With Justice Shearing's retirement, the time is ripe for an examination of her judicial decisions during the twelve years she served on the Nevada Supreme Court. The analysis here provides one perspective on her body of work. It begins, as it must, with a glimpse into the person behind the work.


Public Financing Of Judicial Campaigns: Practices And Prospects , Michael W. Bowers Sep 2003

Public Financing Of Judicial Campaigns: Practices And Prospects , Michael W. Bowers

Nevada Law Journal

No abstract provided.


Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel Sep 2003

Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Judicial Selection And Evaluation, Center For Democratic Culture At Unlv Sep 2003

Judicial Selection And Evaluation, Center For Democratic Culture At Unlv

Nevada Law Journal

No abstract provided.


Remedying Judicial Foot-In-Mouth Disease: Nevada's Prohibitions Against Judicial Commentary On Evidence And The Rule Of Harmless Error, Andrew F. Dixon Mar 2003

Remedying Judicial Foot-In-Mouth Disease: Nevada's Prohibitions Against Judicial Commentary On Evidence And The Rule Of Harmless Error, Andrew F. Dixon

Nevada Law Journal

No abstract provided.


Judicial Mediation And Signaling, Edward J. Brunet Jan 2003

Judicial Mediation And Signaling, Edward J. Brunet

Nevada Law Journal

No abstract provided.


Chief Judge Procter Hug, Jr. And The Split That Didn't Happen, Arthur D. Hellman Sep 2002

Chief Judge Procter Hug, Jr. And The Split That Didn't Happen, Arthur D. Hellman

Nevada Law Journal

No abstract provided.


Tribute Foreword, Carl Tobias Sep 2002

Tribute Foreword, Carl Tobias

Nevada Law Journal

No abstract provided.


A Tribute To The Honorable Procter Hug, Jr. , Mary M. Schroeder Sep 2002

A Tribute To The Honorable Procter Hug, Jr. , Mary M. Schroeder

Nevada Law Journal

No abstract provided.


A Tribute To The Honorable Procter Hug, Jr. , James R. Browning Sep 2002

A Tribute To The Honorable Procter Hug, Jr. , James R. Browning

Nevada Law Journal

No abstract provided.


Congratulations To Judge Procter R. Hug, Jr., Melvin J. Brunetti Sep 2002

Congratulations To Judge Procter R. Hug, Jr., Melvin J. Brunetti

Nevada Law Journal

No abstract provided.


Congratulations To Judge Procter R. Hug, Jr., Barry G. Silverman Sep 2002

Congratulations To Judge Procter R. Hug, Jr., Barry G. Silverman

Nevada Law Journal

No abstract provided.