Judges Commons^™

Post-Amendment 80 Judicial Politics In Arkansas: Have The Changes Undermined The Argument For Selection By Appointment?, Jay Barth

University of Arkansas at Little Rock Law Review

No abstract provided.

Family Law & Civil Procedure - Daddy Dilemma: Should The Truth Matter? Martin V. Pierce, No. 06-950, 2007 Wl 1447911 (Ark. May 17, 2007), Katie S. Allen

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson

University of Arkansas at Little Rock Law Review

No abstract provided.

[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox

University of Arkansas at Little Rock Law Review

No abstract provided.

The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray

Indiana Law Journal

No abstract provided.

Administrative Judges' Role In Developing Social Policy, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Judicial Review And American Constitutional Exceptionalism, Miguel Schor

Osgoode Hall Law Journal

This article challenges the conventional view of the pervasiveness of American-style judicial review. It questions why social movements contest constitutional meaning by fighting over judicial appointments in the United States, and why this strategy makes little sense in democracies that constitutionalized rights in the late twentieth century. The United States has been both a model and an anti-model in the global spread of judicial review, as the hope of Marbury (constitutionalized rights) has been tempered by the fear of Lochner [courts run amok). In reconciling Marbury and Lochner, other polities have adopted stronger mechanisms of judicial accountability that make it …

Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz

Articles

The article advocates for reclassifying immigration removal proceedings, distinguishing between exclusion and expulsion. It argues that while exclusion should remain a civil process, expulsion, particularly for lawful permanent residents, should be treated as a criminal matter due to its punitive nature and severe consequences. This bifurcated approach aims to align legal procedures with the reality of the impact on individuals and ensure constitutional protections.

Letter From Lifers Committee, Roger J. Miner '56

Correspondence

No abstract provided.

“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether

Working Paper Series

This Article, a contribution to the Cardozo Law Review symposium in honor of Alain Badiou’s Being and Event, uses Badiou’s theorizing of the event and of the militant in Being and Event as a basis for an exploration of problems of judicial ontology and constitutional hermeneutics raised in recent decisions by common law courts dealing with the legislative and executive confinement of “Islamic” asylum seekers, “enemy combatants” and “terrorism suspects,” and certain classes of criminal offenders in spaces beyond the doctrines, paradigms and institutions of the criminal law. The Article proposes an ontology and a poetics of judging equal to …

Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer

Faculty and Staff Scholarship

While theoretical justifications predict that a judge’s gender and race may influence judicial decisions, empirical support for these arguments has been mixed. However, recent increases in judicial diversity necessitate a reexamination of these earlier studies. Rather than examining individual judges on a single characteristic, such as gender or race alone, this research note argues that the intersection of individual characteristics may provide an alternative approach for evaluating the effects of diversity on the federal appellate bench. The results of cohort models examining the joint effects of race and gender suggest that minority female judges are more likely to support criminal …

A Comment On The Relationship Between Judicial Salary And Judicial Quality, Stephen G. Marks

Faculty Scholarship

Professor Scott Baker was kind enough to present his empirical research on the relationship between judicial salary and judicial quality to the Law and Economics Workshop run by Professor Keith Hylton and me last fall and I am honored to be able to comment on it today. It is part of a growing body of literature in law that tries to shed light on important issues through statistical analysis. Baker's paper, even before its publication, generated a significant amount of buzz.

A Rodent In Robes, Donald E. Wilkes Jr.

Popular Media

Because of the credible (but ultimately unresolved) sexual harassment charges leveled against him by Anita Hill and others at his confirmation hearings, as well as his creepy-crawly anti-individual rights voting record on the Supreme Court, nearly every time U.S. Supreme Court Justice Clarence Thomas visits a university campus there are protests by faculty and students, and now Michael Adams' decision to invite Thomas to be the commencement speaker at the upcoming UGA graduation ceremony has created a furor. For years, UGA administrators appear to have tolerated sexual harassment on campus, and in recent months there have been startling revelations of …

Issue 5: Table Of Contents

University of Richmond Law Review

No abstract provided.

Coding Complexity: Bringing Law To The Empirical Analysis Of The Supreme Court, Carolyn Shapiro

All Faculty Scholarship

In recent years, the legal academy has experienced a surge of interest in quantitative empirical analysis. Unfortunately, this enthusiasm has not always been accompanied by careful analysis of what the tools and resources of quantitative analysis can tell us about law and legal doctrine. As this Article demonstrates, the findings of some studies therefore unwittingly reflect the limitations of those tools and resources rather than providing insight into the workings of courts.

Specifically, this Article provides a long-overdue critical analysis of the most influential source of data about the Supreme Court, the Original Supreme Court Database, created by political scientist …

Forceful Minimization, Hein V. Freedom From Religion Foundation, Inc., And The Prudence Of "Not Doing", Brendan R. Mcnamara

Washington Law Review

Proponents of judicial minimalism argue that courts should issue narrow rulings that address only the issues necessary to resolve the case at hand and should avoid needlessly broad rulings that could result in unforeseen consequences. The recent Supreme Court decision in Hein v. Freedom From Religion Foundation, Inc. provides a compelling case study of judicial minimalism. Resisting opposing calls for broader rulings from both the concurring and dissenting justices, a plurality of the Court followed a minimalist approach to resolve a difficult question of taxpayer standing. Generally, federal taxpayers do not have standing to challenge government expenditures of tax funds …

Subject Index

University of Richmond Law Review

No abstract provided.

Case Index

University of Richmond Law Review

No abstract provided.

Title Index

University of Richmond Law Review

No abstract provided.

Author Index

University of Richmond Law Review

No abstract provided.

Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias

University of Richmond Law Review

No abstract provided.

Brennan V. Scalia, Justice Or Jurisprudence? A Moderate Proposal, Travis A. Knobbe

West Virginia Law Review

No abstract provided.

Reflections: The Honorable Irma S. Raker – Judge, Teacher, And Role Model, David E. Aaronson

Scholarly Articles in Law Reviews & Journals

This article is a sketch of Judge Irma S. Raker’s career from her days as a law student at Washington College of Law to her distinguished career as a jurist and teacher. Judge Raker’s first legal job was as an Assistant State’s Attorney in Montgomery County, Maryland, where her appointment as the first woman litigator was a milestone in the local legal community. She was appointed in 1980 to serve as a judge on the District Court for Montgomery County and, in 1982, to serve on the Circuit Court for Montgomery County. Judge Raker decided a number of seminal cases, …

Reflections: The Honorable Irma S. Raker – Judge, Teacher, And Role Model, Elizabeth I. Boals

Scholarly Articles in Law Reviews & Journals

This article is a sketch of Judge Irma S. Raker’s career from her days as a law student at Washington College of Law to her distinguished career as a jurist and teacher. Judge Raker’s first legal job was as an Assistant State’s Attorney in Montgomery County, Maryland, where her appointment as the first woman litigator was a milestone in the local legal community. She was appointed in 1980 to serve as a judge on the District Court for Montgomery County and, in 1982, to serve on the Circuit Court for Montgomery County. Judge Raker decided a number of seminal cases, …

Ars Inventio, Poetic Laws: Law And Literature - The And, Thanos Zartaloudis

Cardozo Law Review

This paper introduces a general philosophical matheme of an investigation of 'law and literature.' It claims that the experience of literature is an encounter that outlives the reader and the normative demand for an understanding. This matheme is read through Badiou's thoughts on poetry and the staging of ill-saying. Literature is approached from the enigma of dictation or the sphinx. This event is neither biographical nor a 'mere' linguistic event, but rather a zone of indifference where both experience their reciprocal desubjectivization. Law destines human life to transmit a holy transcendental patrimony that wishes to dictate. In contrast, the experience …

The Virtue Of Judicial Statesmanship, Neil S. Siegel

Faculty Scholarship

Some of America's most important judges have emphasized or embodied the practice of judicial statesmanship. Yet from the examples they set, it is not particularly clear what judicial statesmanship is or why it matters. In this Article, I conceptualize the elusive phenomenon of judicial statesmanship, and I defend statesmanship as a core, if under appreciated, dimension of judicial role.

I argue that judicial statesmanship defines a virtue in the role of a judge. Statesmanship charges judges with approaching cases so as to facilitate the capacity of the legal system to legitimate itself over the long run and with respect to …

Tribute To The Honorable Irma Raker Upon Her Retirement, Barlow Burke

Scholarly Articles in Law Reviews & Journals

In this article the author pays tribute to Judge Raker’s pre-law school tour de force citizen testimony in Eger v. Stone, 253 A.2d 372 (Md. 1969), which established the standard for credibility of lay witnesses in zoning cases, acceptance of citizen testimony as establishing the basis for an application’s denial, and acceptance of hearsay in an administrative forum in Maryland.

Judge Raker was a student of the author, who taught a course in modern land law at the Washington College of Law during Judge Raker’s tenure in law school. The article discusses two of Judge Raker’s real estate transaction opinions, …

The Verdict On Juries, Valerie P. Hans, Neil Vidmar

Cornell Law Faculty Publications

In reviewing debates and research evidence about jury trials for our book, American Juries: The Verdict (Prometheus Books, 2007), we have had the chance to reflect on the status of the jury system in the United States. High profile jury trials put the spotlight on the American practice of using its citizens as decision makers. When jury verdicts are at odds with public opinion, criticisms of the institution are common. The civil jury has been a lightning rod for those who want tort reform. This article draws together some of our reflections about the health of the jury system …

Reflections: The Honorable Irma S. Raker – Judge, Teacher, And Role Model, Anthony C. Morella

Scholarly Articles in Law Reviews & Journals

This article is a sketch of Judge Irma S. Raker’s career from her days as a law student at Washington College of Law to her distinguished career as a jurist and teacher. Judge Raker’s first legal job was as an Assistant State’s Attorney in Montgomery County, Maryland, where her appointment as the first woman litigator was a milestone in the local legal community. She was appointed in 1980 to serve as a judge on the District Court for Montgomery County and, in 1982, to serve on the Circuit Court for Montgomery County. Judge Raker decided a number of seminal cases, …

Weakening The Bill Of Rights: A Victory For Terrorism, Stephen Reinhardt

Michigan Law Review

What is most remarkable about Richard Posner's latest book-and he has written many-is that he argues that we should repose full confidence in the executive branch to handle the most sensitive constitutional issues of our time without once mentioning the flagrant breaches of law and critical falsehoods with which President Bush and his administration have deluged the public since 9/11. This only seven years after he composed a lengthy tome regarding President Clinton's impeachment in which he appropriately, if harshly, condemned the president for his unethical and illegal conduct, principally his deliberate lies and purposeful lack of candor with the …