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Articles 61 - 90 of 148
Full-Text Articles in Judges
Advocacy Through Briefs In The U.S. Court Of Appeals., Susan B. Haire, Laura P. Moyer
Advocacy Through Briefs In The U.S. Court Of Appeals., Susan B. Haire, Laura P. Moyer
Faculty and Staff Scholarship
The focus of this paper is to evaluate the role of advocates in the U.S. Court of Appeals for the Seventh Circuit by examining the characterization of issues offered in appellate briefs against the issues addressed in the court's decisions. Specifically, in an environment in which attorneys are expected to frame the issues on appeal and judges are expected to respond to those issues, what accounts for judges addressing some issues while suppressing others? By explicitly focusing on how the substantive content of an opinion is shaped, we depart from other, earlier scholarship on the advantages of "repeat player" litigants …
Letter To Clerk Of Court Re: David Collic, Roger J. Miner '56
Letter To Clerk Of Court Re: David Collic, Roger J. Miner '56
Correspondence
No abstract provided.
Letter To Clerk Of Court Re: Michael Williams, Roger J. Miner '56
Letter To Clerk Of Court Re: Michael Williams, Roger J. Miner '56
Correspondence
No abstract provided.
The Modern Movement Of Vindicating Violations Of Criminal Defendants' Rights Through Judicial Discipline, Keith Swisher
The Modern Movement Of Vindicating Violations Of Criminal Defendants' Rights Through Judicial Discipline, Keith Swisher
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
National Jury Improvement Efforts, Paula Hannaford-Agor, Nicole L. Waters
National Jury Improvement Efforts, Paula Hannaford-Agor, Nicole L. Waters
Faculty Publications
Until recently, the impact of specific jury improvement efforts was based on anecdotal reports from courts scattered across the country. In April 2007, the NCSC Center for Jury Studies released its findings from the State-of-the-States Survey of Jury Improvement Efforts, which provides a comprehensive snapshot of jury procedures, operations, and practices in state and local courts. For the first time, courts have base-line information about their peers against which they can assess their own performance on a number of key operational measures. This issue of Caseload Highlights describes these measures and the approaches that state courts have implemented to improve …
William Thaddeus Coleman, Jr.: Breaking The Color Barrier At The U.S. Supreme Court, Todd C. Peppers
William Thaddeus Coleman, Jr.: Breaking The Color Barrier At The U.S. Supreme Court, Todd C. Peppers
Scholarly Articles
The purpose of this essay is twofold: It will endeavor to succinctly summarize the important events of Coleman’s life and professional career, while making the argument that these achievements were as groundbreaking in the legal community as Robinson’s were to baseball. Admittedly, looking to our national pastime is hardly an original literary maneuver; The myriad similarities and links between baseball and the law have offered rich material for many legal writers.2 Moreover, this article does not wish to diminish Coleman’s accomplishments by comparing them to a mere “game.” By drawing upon the sixtieth anniversary of Robinson’s debut, my hope is …
Law Clerk Influence On Supreme Court Decision Making: An Empirical Assessment, Todd C. Peppers, Christopher Zorn
Law Clerk Influence On Supreme Court Decision Making: An Empirical Assessment, Todd C. Peppers, Christopher Zorn
Scholarly Articles
Here, we undertake the first effort at assessing the existence and extent of law clerk influence in the U.S. Supreme Court. Drawing upon original survey data on the political ideology of 532 former law clerks, we evaluate the extent to which both the Justice's personal policy preferences and those of his or her law clerks exert an independent influence on the Justice's votes. While our results are preliminary, they nonetheless support the contention that--over and above "selection effects" due to Justices choosing like-minded clerks--clerks' ideological predilections exert an additional, and not insubstantial, influence on the Justices' decisions on the merits. …
Judicial Ideology And The Survival Of The Role Of Law: A Field Guide To The Current Political War Over The Judiciary, Stephen B. Presser
Judicial Ideology And The Survival Of The Role Of Law: A Field Guide To The Current Political War Over The Judiciary, Stephen B. Presser
Loyola University Chicago Law Journal
No abstract provided.
A New (And Better) Interpretation Of Holmes's Prediction Theory Of Law, Anthony D'Amato
A New (And Better) Interpretation Of Holmes's Prediction Theory Of Law, Anthony D'Amato
Faculty Working Papers
Holmes's famous 1897 theory that law is a prediction of what courts will do in fact slowly changed the way law schools taught law until, by the mid-1920s legal realism took over the curriculum. The legal realists argued that judges decide cases on all kinds of objective and subjective reasons including precedents. If law schools wanted to train future lawyers to be effective, they should be exposed to collateral subjects that might influence judges: law and society, law and literature, and so forth. But the standard interpretation has been a huge mistake. It treats law as analogous to weather forecasting: …
Wikipedia Made Law? The Federal Judicial Citation Of Wikipedia, 26 J. Marshall J. Computer & Info. L. 229 (2008), Amber Lynn Wagner
Wikipedia Made Law? The Federal Judicial Citation Of Wikipedia, 26 J. Marshall J. Computer & Info. L. 229 (2008), Amber Lynn Wagner
UIC John Marshall Journal of Information Technology & Privacy Law
In this comment the author examines the new and growing body of federal opinions citing Wikipedia an authoritative source. The comment details how Wikipedia articles are generated, and the ease with which anyone can edit them, to illustrate their shortcomings as sources for making judicial determinations. The author provides examples of federal cases where judges rely on Wikipedia to define terms ranging from colloquial phrases to medical equipment. The author points out that in spite of several academic institutions and the U.S. Trade and Patent Office banning it as a source, federal judges continue to rely on Wikipedia in their …
Criminal And Sentencing Law Review Commissions: Detached, Contemplative Decision Making On Matters Of Criminal Justice Reform, 41 J. Marshall L. Rev. 777 (2008), John J. Cullerton, Kirk W. Dillard, James B. Durkin, Robert S. Molaro, Peter G. Baroni
Criminal And Sentencing Law Review Commissions: Detached, Contemplative Decision Making On Matters Of Criminal Justice Reform, 41 J. Marshall L. Rev. 777 (2008), John J. Cullerton, Kirk W. Dillard, James B. Durkin, Robert S. Molaro, Peter G. Baroni
UIC Law Review
No abstract provided.
Nontestimonial Declarations Against Penal Interest: Eschewing The Corroboration Requirement For Inculpatory Statements, 41 J. Marshall L. Rev. 969 (2008), Michael Duffy
UIC Law Review
No abstract provided.
The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld
The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld
UIC Law Review
No abstract provided.
My Brethren’S (Gate) Keeper? Testimony By U.S. Judges At Others’ Supreme Court Confirmation Hearings: Its Implications For Judicial Independence And Judicial Ethics, Mary Clark
Scholarly Articles in Law Reviews & Journals
This article, prompted by the testimony of seven of Samuel Alito's then-current and former Third Circuit colleagues at his hearing to be Associate Justice of the United States Supreme Court, examines the merits of federal judges testifying at others' Supreme Court confirmation hearings. While mindful of other approaches to the question of judicial participation in other judicial appointments systems and of their comparative advantages and disadvantages, the author nevertheless concludes that judges threaten judicial independence and judicial ethics principles when they exercise power in the Article III appointments realm. It is not so much a question of judges usurping the …
A Significant Symposium, Roger J. Miner '56
A Significant Symposium, Roger J. Miner '56
New York Law School Events and Publications
No abstract provided.
Memorial Service, Hon. Howard G. Munson, Roger J. Miner '56
Memorial Service, Hon. Howard G. Munson, Roger J. Miner '56
Memorials and Eulogies
No abstract provided.
Secrecy In The Courts: At The Tipping Point, Joseph F. Anderson Jr.
Secrecy In The Courts: At The Tipping Point, Joseph F. Anderson Jr.
Villanova Law Review (1956 - )
No abstract provided.
Reinstalling The Courthouse Windows: Using Statistical Data To Promote Judicial Transparency And Accountability In Federal And State Courts, Rebecca Love Kourlis, Pamela A. Gagel
Reinstalling The Courthouse Windows: Using Statistical Data To Promote Judicial Transparency And Accountability In Federal And State Courts, Rebecca Love Kourlis, Pamela A. Gagel
Villanova Law Review (1956 - )
No abstract provided.
Judicial Transparency In An Age Of Prediction, Adam M. Samaha
Judicial Transparency In An Age Of Prediction, Adam M. Samaha
Villanova Law Review (1956 - )
No abstract provided.
Courts: In And Out Of Sight, Site, And Cite - The Norman Shachoy Lecture, Judith Resnik
Courts: In And Out Of Sight, Site, And Cite - The Norman Shachoy Lecture, Judith Resnik
Villanova Law Review (1956 - )
No abstract provided.
Online Access To Court Records - From Documents To Data, Particulars To Patterns, Peter W. Martin
Online Access To Court Records - From Documents To Data, Particulars To Patterns, Peter W. Martin
Villanova Law Review (1956 - )
No abstract provided.
Classified Information In Federal Court, Robert Timothy Reagan
Classified Information In Federal Court, Robert Timothy Reagan
Villanova Law Review (1956 - )
No abstract provided.
Making The Law: Unpublication In The District Courts, Hillel Y. Levin
Making The Law: Unpublication In The District Courts, Hillel Y. Levin
Villanova Law Review (1956 - )
No abstract provided.
Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin
Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Judicial Decisionmaking, Paul V. Niemeyer
Judicial Decisionmaking, Paul V. Niemeyer
Georgia Law Review
Judge Niemeyer observes that judicial decisionmaking is a layered mental process in which numerous legitimate factors contribute to an arrangement of priorities. The priority of factors, which is based on the psychical makeup of each judge, determines the popular characterization of judges as liberal, conservative, pragmatic, thoughtful, or balanced. Nonetheless, decision making is not unconstrained,as it is guided by the good faith of each judge to continue the rule of law with well-reasoned and just opinions. If accomplished, legal disputes are accordingly healed, ultimately producing the desired harmony in the community.
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
University of Richmond Law Review
No abstract provided.
Chief Judge Paul R. Michel's Address To The Federal Circuit Judicial Conference On The State Of The Court, 7 J. Marshall Rev. Intell. Prop. L. 647 (2008), Paul R. Michel
UIC Review of Intellectual Property Law
On May 15, 2008, Chief Judge of the United States Court of Appeals for the Federal Circuit Paul R. Michel delivered the annual State of the Court speech. Chief Judge Michel delivered this speech during the Federal Circuit Judicial Conference, held at the Grand Hyatt hotel in Washington. The text of that speech and the corresponding graphics appear here.
Working Class Judges, Jason J. Czarnezki
Working Class Judges, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
Part I of this article provides our reanalysis of Scott Baker's data that examines the relationship between judicial salaries and the work habits and voting patterns of federal appellate judges. Part II establishes an additional comparative context that allows us to speculate why Top Five legal markets may foster a more intense tradeoff of influence versus remuneration. Indeed, as we note, the real or perceived financial tradeoffs are so enormous - and conspicuous - in Top Five markets that federal judges may feel they have been lumped together with a large, faceless working class. We conclude by suggesting that the …
Judge George Howard, Jr.: A Personal Rumination, Honorable Morris S. Arnold
Judge George Howard, Jr.: A Personal Rumination, Honorable Morris S. Arnold
University of Arkansas at Little Rock Law Review
No abstract provided.
Tribute To Honorable George Howard, Jr., Honorable Leon Holmes
Tribute To Honorable George Howard, Jr., Honorable Leon Holmes
University of Arkansas at Little Rock Law Review
No abstract provided.