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Articles 91 - 120 of 212
Full-Text Articles in Judges
The Irrational Supreme Court, Michael I. Meyerson
The Irrational Supreme Court, Michael I. Meyerson
ExpressO
Abstract: The Irrational Supreme Court
The pejorative “irrational” is used to describe many defects in legal reasoning, but is generally not meant to be understood as a literal lack of rational thinking. Similarly, the “rational basis test” is not meant to determine whether a legislature is “not endowed with reason or understanding,” but rather if it has acted with some hidden, invidious motive. Incredibly, though, the Supreme Court has frequently issued truly “irrational opinions,” simply due to the fundamental nature of group decision-making.
Much has been written about Nobel Prize winner Kenneth Arrow’s “Impossibility Theorem,” which proved that, when faced …
Book Review: Forensic Linguistics, Dru Stevenson
Book Review: Forensic Linguistics, Dru Stevenson
ExpressO
Review of John Gibbons' text "Forensic Linguistics"
A Brief Look At Broward County Lawyers’ And Judges’ Attitudes Toward Plea Bargaining As A Tool Of Courtroom Efficiency, Mohammad A. Faruqui
A Brief Look At Broward County Lawyers’ And Judges’ Attitudes Toward Plea Bargaining As A Tool Of Courtroom Efficiency, Mohammad A. Faruqui
ExpressO
Even the most rigidly ideological prosecutors acknowledge that they need to plea out most of the less serious criminal charges to ensure justice without incurring an unmanageable backlog of cases. But what do most criminal lawyers and judges think about the plea arrangment system? Is it fair to defendants? Do lawyers use plea bargains to better serve their clients by finding the best deal, or do they use plea bargains to cut their case load for what some call "garbage cases?" This paper surveys a small sample to see how 21st century Broward County criminal lawyers feel about the plea …
Jury Trials In Japan, Robert M. Bloom
Jury Trials In Japan, Robert M. Bloom
ExpressO
The Japanese are seeking to involve their citizens in the judicial system. They are also establishing a check on the power of the judiciary. Towards these goals, they have enacted legislation to create jury trials. These remarkable ambitions envision adopting a mixed-jury system, slated to take effect in 2009. In this mixed-jury system, judges and citizens participate together in the jury deliberation.
This article first explores the differences between mixed-juries and the American jury system. It then suggests why the Japanese opted for a mixed-jury system. The article explores psychological theories surrounding collective judgment and how dominant individuals influence group …
In Re Anderson And The Removal Of Utah State Court Judges: The Supreme Court Of Utah And Its Review Of Judicial Conduct Commission Orders, Daniel Swinton
In Re Anderson And The Removal Of Utah State Court Judges: The Supreme Court Of Utah And Its Review Of Judicial Conduct Commission Orders, Daniel Swinton
Brigham Young University Journal of Public Law
No abstract provided.
Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla
Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla
Scholarly Articles
Not available.
The Judicial Nominations Wars, William P. Marshall
The Judicial Nominations Wars, William P. Marshall
University of Richmond Law Review
No abstract provided.
Appellate Court Appointments In The Second Bush Administration, Carl Tobias
Appellate Court Appointments In The Second Bush Administration, Carl Tobias
University of Richmond Law Review
No abstract provided.
Standards Of The Supreme Court, John Cornyn
Standards Of The Supreme Court, John Cornyn
University of Richmond Law Review
No abstract provided.
Federal Judicial Selection: The First Decade, Maeva Marcus
Federal Judicial Selection: The First Decade, Maeva Marcus
University of Richmond Law Review
No abstract provided.
Bork Was The Beginning: Constitutional Moralism And The Politics Of Federal Judicial Selection, Gary L. Mcdowell
Bork Was The Beginning: Constitutional Moralism And The Politics Of Federal Judicial Selection, Gary L. Mcdowell
University of Richmond Law Review
No abstract provided.
Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman
Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman
University of Richmond Law Review
No abstract provided.
Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson
Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson
University of Richmond Law Review
No abstract provided.
No Constitutional Right To A Rubber Stamp, Richard J. Durbin
No Constitutional Right To A Rubber Stamp, Richard J. Durbin
University of Richmond Law Review
No abstract provided.
Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla
Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Observations On The Status And Impact Of The Judicial Confirmation Process, Edith H. Jones
Observations On The Status And Impact Of The Judicial Confirmation Process, Edith H. Jones
University of Richmond Law Review
No abstract provided.
Debunking Double Standards, John Cornyn
Debunking Double Standards, John Cornyn
University of Richmond Law Review
No abstract provided.
Can Judges Ignore Inadmissible Information? The Difficulty Of Deliberately Disregarding, Chris Guthrie, Andrew J. Wistrich
Can Judges Ignore Inadmissible Information? The Difficulty Of Deliberately Disregarding, Chris Guthrie, Andrew J. Wistrich
Vanderbilt Law School Faculty Publications
Due process requires courts to make decisions based on the evidence before them without regard to information outside of the record. Skepticism about the ability of jurors to ignore inadmissible information is widespread. Empirical research confirms that this skepticism is well founded. Many courts and commentators, however, assume that judges can accomplish what jurors cannot. This Article reports the results of experiments we have conducted to determine whether judges can ignore inadmissible information. We found that the judges who participated in our experiments struggled to perform this challenging mental task. The judges had difficulty disregarding demands disclosed during a settlement …
The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett
The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett
Cardozo Law Review
No abstract provided.
Remarks Of Chief Justice William H. Rehnquist, William H. Rehnquist
Remarks Of Chief Justice William H. Rehnquist, William H. Rehnquist
William & Mary Law Review
No abstract provided.
The Future Of Parity, Michael E. Solimine
The Future Of Parity, Michael E. Solimine
William & Mary Law Review
No abstract provided.
An Independent Judiciary: The Life And Writings Of Robert N.C. Nix, Jr., Phoebe A. Haddon
An Independent Judiciary: The Life And Writings Of Robert N.C. Nix, Jr., Phoebe A. Haddon
Faculty Scholarship
No abstract provided.
Legal Realism, Common Courtesy, And Hypocrisy, Keith J. Bybee
Legal Realism, Common Courtesy, And Hypocrisy, Keith J. Bybee
College of Law - Faculty Scholarship
In the United States, courts are publicly defined by their distance from politics. Politics is said to be a matter of interest, competition, and compromise. Law, by contrast, is said to be a matter of principle and impartial reason. This distinction between courts and politics, though common, is also commonly doubted - and this raises difficult questions. How can the courts at once be in politics yet not be of politics? If the judiciary is mired in politics, how can one be sure that all the talk of law is not just mummery designed to disguise the pursuit of partisan …
Batson's Blind-Spot: Unconsciousstereotyping And The Peremptory Challenge, Antony Page
Batson's Blind-Spot: Unconsciousstereotyping And The Peremptory Challenge, Antony Page
Faculty Publications
No abstract provided.
Federal Court Special Masters: A Vital Resource In The Era Of Complex Litigation, Mark A. Fellows, Roger S. Haydock
Federal Court Special Masters: A Vital Resource In The Era Of Complex Litigation, Mark A. Fellows, Roger S. Haydock
William Mitchell Law Review
This article is dedicated to all those who have served as special masters in federal court. After serving as a judicial master, it is easy to believe in the importance of the role in our grand system of justice. After reading this article, we hope it will be clear how vital masters are to everyone receiving fair, just, and expedient civil justice.
Jewish Law: Deciphering The Code By Global Process And Analogy, Donna Litman
Jewish Law: Deciphering The Code By Global Process And Analogy, Donna Litman
Faculty Scholarship
No abstract provided.
Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel
Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel
UIC Law Review
No abstract provided.
American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley
UIC Law Review
No abstract provided.
If At First You Don't Succeed: A Critical Evaluation Of Judicial Selection Reform Efforts, Amam Mcleod
If At First You Don't Succeed: A Critical Evaluation Of Judicial Selection Reform Efforts, Amam Mcleod
West Virginia Law Review
No abstract provided.