Judges Commons^™

It Is Given Unto You To Judge, Sheila Mccleve

Vol. 2: Service & Integrity

This article is reprinted from the Clark Memorandum, spring 1992, 2–7.

The Law Clerk Proxy Wars: Secrecy, Accountability, And Ideology In The Supreme Court, Carolyn Shapiro

All Faculty Scholarship

This piece provides an in-depth review and analysis of two recent books about Supreme Court law clerks, Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk, by Todd C. Peppers, and Sorcerers’ Apprentices: 100 Years of Law Clerks at the United States Supreme Court, by Artemus Ward and David L. Weiden. In addition, the essay addresses a question so obvious that it is rarely asked – why is there so much curiosity about Supreme Court law clerks in the first place? In the essay, I analyze a widespread concern – and one discussed in …

Stacking In Criminal Procedure Adjudication;Symposium On Criminal Procedure: Judicial Proceedings, Luke M. Milligan

Chicago-Kent Law Review

The institutionalist branch of "Law and Courts" studies how judges incorporate institutional constraints into their decision-making processes. Congressional constraints on judicial review, as the literature currently stands, fall into one of two general classes: overrides and Court-curbing measures. This taxonomy, however, is incomplete. Neither overrides nor curbing measures are needed to explain the not uncommon situation where a policy-oriented Justice deviates from a preferred vote based on the belief that such a vote will prompt Congress to alter an "insulated base rule" in a way that disrupts the Justice's larger policy agenda. An "insulated base rule" is a Congressional policy …

Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones

Chicago-Kent Law Review

The United States Supreme Court's 2002 decision in Republican Party of Minnesota v. White was the first shot fired in an ongoing battle over judicial campaign ethics. The White decision invalidated a Minnesota Canon of Judicial Conduct prohibiting judicial candidates from announcing their views on disputed legal or political topics. Subsequent to White, numerous states have faced challenges to their judicial canons of conduct by groups advocating for an increased breadth of permissible speech in judicial campaigns. While White and its progeny have safeguarded the first amendment rights of judicial candidates, significant concerns have been raised regarding how best to …

Recusal And Recompense: Amending New York Recusal Law In Light Of The Judicial Pay Raise Controversy, Jeffrey T. Fiut

Buffalo Law Review

No abstract provided.

Introduction (Excerpt) In Justice Bertha Wilson: One Woman's Difference, Kim Brooks

Articles, Book Chapters, & Popular Press

Bertha Wilson was the first woman to be appointed to Canada's Supreme Court in 1982. Her appointment capped off a career of firsts. She had been the first woman lawyer and partner at a prominent Toronto law firm and the first woman appointed to the Ontario Court of Appeal. Her career and passing in 2007 have provoked reflection on her contributions to Canadian society and caused many to reflect on the question she herself posed: what difference do women judges make? What follows is an excerpt from the introduction to the book. The chapters of the book explore a broad …

Judicial Selection In Rhode Island: Assessing The Experience With "Merit Selection", Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Professor Robert E. Shepherd, Jr.: Tending To His Flock To Improve Its Lot, John P. Cunningham

University of Richmond Law Review

No abstract provided.

In Memoriam: Robert E. Shepherd, Jr., John G. Douglass

University of Richmond Law Review

No abstract provided.

Professor Robert E. Shepherd, Jr. September 22, 1937 - December 11, 2008, Hon. Walter S. Felton Jr.

University of Richmond Law Review

No abstract provided.

Talking Originalism , Andrew B. Coan

BYU Law Review

No abstract provided.

The Dog That Didn't Bark: Stealth Procedures And The Erosion Of Stare Decisis In The Federal Courts Of Appeals, Amy E. Sloan

All Faculty Scholarship

Informal en banc review is a procedural expedient that nine of the thirteen federal circuits use to circumvent the requirements of formal en banc review. Panels invoke informal en banc review to take actions normally reserved for the full court sitting en banc. The circuits that use informal en banc review say the procedure is to be used rarely. In practice, however, the frequency of informal en banc review is significant when compared with formal en banc review. Informal en banc review is more efficient than formal en banc review, but the efficiency benefits come at a price. Informal en …

Supreme Court Of The United States, October Term 2009 Preview, Update: October 26, 2009, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.

Imagining Judges That Apply Law: How They Might Do It, James Maxeiner

All Faculty Scholarship

"Judges should apply the law, not make it." That plea appears perennially in American politics. American legal scholars belittle it as a simple-minded demand that is silly and misleading. A glance beyond our shores dispels the notion that the American public is naive to expect judges to apply rather than to make law.

American obsession with judicial lawmaking has its price: indifference to judicial law applying. If truth be told, practically we have no method for judges, as a matter of routine, to apply law to facts. Our failure leads American legal scholars to question whether applying law to facts …

John Marshall: Definer Of A Nation, Denise R. Johnson

The Journal of Appellate Practice and Process

No abstract provided.

The Merchant Of Venice, Act Iv, Scene 1, Rebecca White Berch

The Journal of Appellate Practice and Process

No abstract provided.

The Elements Of Legal Style, Mark P. Painter

The Journal of Appellate Practice and Process

No abstract provided.

Suggestions For American Judges: Ten Books That Merit Reading, Robert C. Berring

The Journal of Appellate Practice and Process

No abstract provided.

The Ways Of A Judge And On Appeal, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.

Supreme Court Of The United States, October Term 2009 Preview, Georgetown University Law Center, Supreme Court Institute, Amanda M. Boote

Supreme Court Overviews

No abstract provided.

How (Not) To Think Like A Punisher, Alice Ristroph

Faculty Scholarship

No abstract provided.

Opinion Writing And Opinion Readers, Ruggero J. Aldisert, Meehan Rasch, Matthew P. Bartlett

Cardozo Law Review

No abstract provided.

Letter To Clerk Of Court Re: Ronald Jackson, Roger J. Miner '56

Correspondence

No abstract provided.

Federal And State Judicial Selection In An Interest Group Perspective, Rafael Gely, Michael E. Solimine

Faculty Publications

The literature on judicial selection systems has given considerable attention to the role that politicians and their parties - through their legislative roles - have played in the adoption and operation of these judicial selection systems. Less attention, however, has been given to both the effect that interest groups, broadly defined, have in the creation and implementation of judicial selection systems and the effect that these systems have on the strategies adopted by interest groups to accomplish their goals. This Article seeks to fill this gap. Using the framework advanced by William M. Landes and Richard A. Posner in their …

Forward: Sandra Day O'Connor, Earl F. Nelson, And State Judicial Selection And Retention Systems, R. Lawrence Dessem

Faculty Publications

In difficult cases, in unpopular cases, in cases that may draw criticism from the executive branch of government, the legislature, the media, or the general populace, it is essential that judges be insulated from public pressure. However much we believe in the strength and integrity of the human spirit, we cannot expect judges to do justice without establishing an institutional framework that guarantees them that their next decision, however loathsome or unpopular, will not be their last.

The Closing Of The Judicial Mind, David F. Forte

Law Faculty Articles and Essays

Reviews of R.F. Nagel, Unrestrained: Judicial Excess and the Mind of the American Lawyer, Transaction Publishers (2008) and R. Posner, How Judges Think, Harvard University Press (2008)

International Rule Of Law And Constitutional Justice In International Investment Law And Arbitration, Ernst-Ulrich Petersmann

Indiana Journal of Global Legal Studies

Judicial administration of justice through reasoned interpretation, application and clarification of legal principles and rules is among the oldest paradigms of constitutional justice. The principles of procedural justice underlying investor-state arbitration remain controversial, especially if confidentiality and party autonomy governing commercial arbitration risk neglecting adversely affected third parties and public interests. There are also concerns that rule-following and formal equality of foreign investors and home states may not ensure substantive justice in the settlement of investment disputes unless arbitrators and courts take more seriously their customary law obligation of settling disputes in conformity with human rights obligations of governments and …

What's Fair Is Fair? A Comparative Look At Judicial Discretion In Fairness Review Of Holocaust Era Class Action Settlement In The United States And Canada, Arthur Oder

Cardozo Journal of International and Comparative Law

The note critiques the effectiveness of U.S. class action frameworks, particularly Rule 23, in addressing Holocaust-era claims, arguing that the Canadian Class Proceedings Act (CPA) offers a more flexible and fair approach for resolving such complex human rights cases. It highlights the shortcomings of the Generali Insurance Litigation and contrasts it with the success of the Swiss Banks Settlement, emphasizing the importance of judicial discretion and adequate notice in ensuring fair outcomes. The analysis advocates for adopting the Canadian model to improve the handling of large-scale human rights class actions.

How Great Judges Think: Judges Richard Posner, Henry Friendly, And Roger Traynor On Judicial Lawmaking, Edmund Ursin

Buffalo Law Review

No abstract provided.

Mothers And Sons: The Lloyd Schlup Story, Sean O'Brien

Faculty Works

This article tells the back story of the near-execution of Lloyd Schlup, condemned to die in Missouri for the 1984 murder of fellow Missouri State Penitentiary prisoner Arthur Dade, Jr. Mr. Schlup came within hours of execution before the Supreme Court granted certiorari on his case to decide whether a prisoner who is probably innocent can avail himself of the habeas corpus remedy. Mr. Schlup's and Mr. Dade's mothers played pivotal roles in the ultimate outcome of Schlup v. Delo, 513 U.S. 298 (1995). Dedicated to the memory of Nancy Slater.