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2002

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Institution
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Articles 31 - 60 of 97

Full-Text Articles in Judges

Judges As Altruistic Hierarchs, Lynn A. Stout Mar 2002

Judges As Altruistic Hierarchs, Lynn A. Stout

William & Mary Law Review

No abstract provided.

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Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis Mar 2002

Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis

Articles

This Article offers a retrospective on the Rehnquist Court. It argues that the Rehnquist Court has been pursuing a coherent jurisprudence that invigorates decentralization and the private ordering of social norms that Alexis De Tocqueville celebrated in Democracy in America as being the essence of the social order generated by our original Constitution. In four disparate areas-federalism, freedom of association, the religion clauses, and the balance of power between juries and judges-the Court is helping sustain a civil order that bubbles up from state governments or from citizens voluntarily gathered together or randomly selected. The Article is the first to …

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The Unbearable Rightness Of Bush V. Gore, Nelson Lund Mar 2002

The Unbearable Rightness Of Bush V. Gore, Nelson Lund

Cardozo Law Review

No abstract provided.

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Brief Of Conference Of Chief Justices As Amicus Curiae Supporting Respondents, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Feb. 19, 2002), ., Roy A. Schotland Feb 2002

Brief Of Conference Of Chief Justices As Amicus Curiae Supporting Respondents, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Feb. 19, 2002), ., Roy A. Schotland

U.S. Supreme Court Briefs

No abstract provided.

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Human Judges Of Truth, Deception, And Credibility: Confident But Erroneous, Saul M. Kassin Feb 2002

Human Judges Of Truth, Deception, And Credibility: Confident But Erroneous, Saul M. Kassin

Cardozo Law Review

No abstract provided.

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The Illinois Judicial Conference Symposium, Anne Cote Fung Jan 2002

The Illinois Judicial Conference Symposium, Anne Cote Fung

Loyola University Chicago Law Journal

No abstract provided.

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Are You Willing To Make The Commitment In Writing? The Apa, Aljs, And Ssa, Jeffrey Scott Wolfe Jan 2002

Are You Willing To Make The Commitment In Writing? The Apa, Aljs, And Ssa, Jeffrey Scott Wolfe

Oklahoma Law Review

No abstract provided.

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Telephone Justice, Pandering, And Judges Who Speak Out Of School, Randall T. Shepard Jan 2002

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.

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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 Jan 2002

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.

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The Ethical Foundations Of American Judicial Independence, Vincent R. Johnson Jan 2002

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.

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Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Part Ii, Kohei Nakabō, Yohei Suda Jan 2002

Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Part Ii, Kohei Nakabō, Yohei Suda

Washington International Law Journal

Based on the Judicial Reform Council's article, "Points at Issue in Judicial Reform," this paper analyzes basic issues regarding the current status of the Japanese attorney system and areas to be addressed in judicial reform. [This Article formed the basis of Mr. Nakabō's report at the thirteenth meeting of the Judicial Reform Council on February 22, 2000. It was originally published as the second part of a two part paper in SERIES JUDICIAL REFORM I: [LEGAL PROFESSIONAL TRAINING: THE LAW SCHOOL CONCEPT] (2000). The first part of the paper was translated in Kohei Nakabō, Judicial Reform and the State of …

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The Cycle Of Judicial Elections: Texas As A Case Study, Anthony Champagne, Kyle Cheek Jan 2002

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.

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Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles Jan 2002

Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark Jan 2002

Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel Jan 2002

Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, 10 Wm. & Mary Bill Rts. J. 249 (2002), Samuel R. Olken Jan 2002

The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, 10 Wm. & Mary Bill Rts. J. 249 (2002), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and …

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Beyond Merit Selection, Luke Bierman Jan 2002

Beyond Merit Selection, Luke Bierman

Fordham Urban Law Journal

This Article reviews some of the factors that have diminished the appeal of merit selection for judges. It examines why merit selection has never been an entirely successful answer for reformers looking for nonpartisan solutions. It advocates addressing other aspects of the judicial office to promote judicial independence. It concludes by suggesting that there be an educational credential for becoming a judge. Such a solution, it is argued, would offer legitimacy to judicial aspirants and would provide independent, accountable, impartial, and well-trained judges regardless of selection method.

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Changing The Face Of The Law: How Women's Advocacy Groups Put Women On The Federal Judicial Appointments Agenda, Mary Clark Jan 2002

Changing The Face Of The Law: How Women's Advocacy Groups Put Women On The Federal Judicial Appointments Agenda, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Judicial Mindfulness, Evan R. Seamone Jan 2002

Judicial Mindfulness, Evan R. Seamone

Journal Articles

Like all human beings, judges are influenced by personal routines and behaviors that have become second nature to them or have somehow dropped below the radar of their conscious control. Professor Ellen Langer and others have labeled this general state "mindlessness." They have distinguished "mindful" thinking as a process that all people can employ to gain awareness of subconscious influences, and thus increase the validity of their decisions. In this Article, I establish a theory of "judicial mindfulness" that would guard against two types of "cold" bias when interpreting legal materials. The first harmful bias involves traumatic past events that …

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Antonin Scalia, Baruch Spinoza, And The Relationship Between Church And State, Steven Goldberg Jan 2002

Antonin Scalia, Baruch Spinoza, And The Relationship Between Church And State, Steven Goldberg

Georgetown Law Faculty Publications and Other Works

I begin with an outline of Spinoza's philosophy on church and state, followed by a demonstration that Scalia is headed in the same direction. I conclude by considering how Spinoza and Scalia might react to recent litigation in South Dakota involving an excommunication from a close-knit religious community, the Hutterite Church.

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Republican Party Of Minnesota V. White: Should Judges Be More Like Politicians?, Roy A. Schotland Jan 2002

Republican Party Of Minnesota V. White: Should Judges Be More Like Politicians?, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

The Supreme Court's decision in Republican Party of Minnesota v. White shows how unrealistic five justices can be about what happens in judicial election campaigns, and also - ironically - about how much judges differ from legislators and others who run for office. This reality was captured concisely by Robert Hirshon, immediate past president of the American Bar Association (ABA) in his statement following the Court's ruling: "This is a bad decision. It will open a Pandora's Box.... " The decision will change judicial election campaigns in such a way that the quality of the pool of candidates for the …

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Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren Lenard Hutchinson Jan 2002

Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren Lenard Hutchinson

UF Law Faculty Publications

Proceedings of a criminal trial in Dallas, Texas, demonstrate the vulnerability of LGBT individuals to judicial bias. Although the jury convicted the defendant of murdering two gay males, the judge explained his light sentence: "I put prostitutes and gays at about the same level, and I'd be hard put to give somebody life for killing a prostitute . . . had [the victims] not been out there trying to spread AIDS, they'd still be alive today . . . These two guys that got killed wouldn't have been killed if they hadn't been cruising the streets picking up teen-age boys …

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In The Eye Of The Hurricane: Florida Courts, Judicial Independence, And Politics, Drew Noble Lanier, Roger Handberg Jan 2002

In The Eye Of The Hurricane: Florida Courts, Judicial Independence, And Politics, Drew Noble Lanier, Roger Handberg

Fordham Urban Law Journal

This Article discusses the concept of judicial independence, the political nature of the courts, and efforts to insulate the courts from the ordinary politics engulfing the popularly elected branches. It reviews Florida's political history and changing political landscape. It traces the development of the state's judicial selection processes and ties them to current legislation being considered. It concludes by discussing the likely consequences of the efforts to diminish the insulation the the Florida courts enjoy from the politics of the day.

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Reflections Upon Judicial Independence As We Approach The Bicentennial Of Marbury V. Madison: Safeguarding The Constitution's "Crown Jewel", Honorable Gerald E. Rosen, Kyle W. Harding Jan 2002

Reflections Upon Judicial Independence As We Approach The Bicentennial Of Marbury V. Madison: Safeguarding The Constitution's "Crown Jewel", Honorable Gerald E. Rosen, Kyle W. Harding

Fordham Urban Law Journal

This Article traces the history of judicial independence from the drafting of the Constitution and the Supreme Court's articulation of judicial review in Marbury v. Madison. It addresses the obstacles encountered during the ratification process and the reaction to the Marbury decision. The Article then summarizes the continued challenges to judicial independence, from President Roosevelt's "court-packing" plan to characterizations of judicial activism in Lochner v. New York. The Article concludes by warning that judges must remain vigilant against the impact of the highly partisan political process and the advent of powerful special interest groups.

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The Walking Judge From Alabama, The Honorable Pamela Willis Baschab Jan 2002

The Walking Judge From Alabama, The Honorable Pamela Willis Baschab

Fordham Urban Law Journal

This anecdotal Article is the story of the Honorable Pamela Willis Baschab's campaign for Chief Justice of the Alabama Supreme Court. Judge Baschab, in an effort to speak out against the influence of special interest groups in the Alabama judicial system, walked from one end of Alabama to the other. She describes her progression through the Alabama legal system, her campaign trail (literally), and her experiences with different people along the way.

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Preserving Judicial Independence: An Exegesis, Alfred P. Carlton, Jr. Jan 2002

Preserving Judicial Independence: An Exegesis, Alfred P. Carlton, Jr.

Fordham Urban Law Journal

This Article covers the critical issue of judicial independence. The ABA's Commission on Separation of Powers and Judicial Independence issued a report that expressed concern over threats to judicial independence in the states. It poses a number of solutions, including campaign finance reform, non-partisan elections, and merit-based selection.

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May Judges Attend Privately Funded Educational Programs? Should Judicial Education Be Privatized?: Questions Of Judicial Ethics And Policy, Bruce A. Green Jan 2002

May Judges Attend Privately Funded Educational Programs? Should Judicial Education Be Privatized?: Questions Of Judicial Ethics And Policy, Bruce A. Green

Fordham Urban Law Journal

This Article addresses questions of judicial ethics raised by privately-funded judicial seminars and how they are answered by existing legal and ethical standards. It discusses the relevant restrictions and describes the courts' interpretations. The Article concludes that these interpretations are rooted in reasonable understandings of the current restrictions. It questions whether or not the current standards and processes are sufficient.

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Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White Jan 2002

Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White

Fordham Urban Law Journal

This Article discusses judicial performance evaluations as a check on judicial independence. It covers numerous performance evaluation options for measuring accountability, such as bar and media polls, state judicial evaluation programs, and the ABA Guidelines for judicial performance. It discusses the pros and cons of these options. It concludes that the information provided by state judicial performance evaluations offers valuable insight into judicial criticisms and can give voters appropriate criteria to consider in judicial elections.

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Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren L. Hutchinson Jan 2002

Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren L. Hutchinson

Faculty Articles

This Essay addresses two important issues related to the task of unveiling and challenging the institutional nature of anti-gay bias. In Part II, this Essay explains in greater detail how a structural analysis of judicial bias can lead to a richer understanding of subordination by uncovering the subtle, hidden, and ideological roots and manifestations of oppression. Part III argues that law and sexuality scholars must conduct a multidimensional reading of judicial heterosexism- that is, in order to appreciate fully the structural dimensions of judicial bias against gay, lesbian, bisexual, and transgender individuals, we must recognize that this bias exists as …

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Dear President Bush, Carl W. Tobias Jan 2002

Dear President Bush, Carl W. Tobias

Law Faculty Publications

Professor Tobias offers advice on judicial selection philosophy for the newly-elected President George W. Bush.

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