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2012

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Institution
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Articles 1 - 30 of 269

Full-Text Articles in Judges

Robert Bork's Controversial Legacy, Robert H. Lande Dec 2012

Robert Bork's Controversial Legacy, Robert H. Lande

All Faculty Scholarship

Judge Robert Bork was undeniably one of the towering figures in antitrust history. He advanced the field positively in many respects, articulating a serious critique of excesses of an earlier social-political approach to antitrust. But as one of the conservative movement’s intellectual godfathers he also shares responsibility for many of their own excesses that have transformed our nation in harmful ways. This short essay explores some of the effects of his overall approach to antitrust: his preoccupation with economic efficiency.


The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda Dec 2012

The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda

BYU Law Review

No abstract provided.


Claiming Neutrality And Confessing Subjectivity In Supreme Court Confirmation Hearings, Carolyn Shapiro Dec 2012

Claiming Neutrality And Confessing Subjectivity In Supreme Court Confirmation Hearings, Carolyn Shapiro

All Faculty Scholarship

Supreme Court confirmation hearings provide a rare opportunity for the American people to hear what (would-be) justices think about the nature of judging and the role of the Supreme Court. In recent years, nominees have been quick to talk about judging in terms of neutrality and objectivity, most famously with Chief Justice Roberts’ invocation of the “neutral umpire,” and they have emphasized their reliance on legal texts and sources as if those sources can provide answers in difficult cases. Many of the cases heard by the Supreme Court, however, do not have objectively correct answers that can be deduced from …


The Trial, The Bench, The Net, And The First Amendment: The Possibilities Of Reform In New York State Judicial Elections, Robert Magee Dec 2012

The Trial, The Bench, The Net, And The First Amendment: The Possibilities Of Reform In New York State Judicial Elections, Robert Magee

Touro Law Review

No abstract provided.


The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry Dec 2012

The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry

Dissertations

The study of state courts of last resort is a field which has, up until recently, been significantly underrepresented in political science (Baum 1987, Dubois 1980). The bulk of work in judicial politics over the last fifty years has focused on the federal system. Furthermore, the study of state courts allows for a true comparative analysis. The methods of selection used for the staffing of state courts of last resort are highly varied. There are five distinctly different methods which are used for judicial selection in the states, and many states have institutional nuances that provide further variation for study. …


Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley Dec 2012

Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley

Faculty and Staff Scholarship

The determination that sexual harassment constituted “discrimination based on sex” under Title VII was first made by the lower federal courts, not Congress. Drawing from the literature on policy diffusion, this article examines the adoption of hostile work environment standards across the U.S. Courts of Appeals in the absence of controlling Supreme Court precedent. The results bolster recent findings about the influence of female judges on their male colleagues and suggest that in addition to siding with female plaintiffs, female judges also helped to shape legal rules that promoted gender equality in the workplace.


Standing To Sue A Carrier's Killers , Davis J. Howard Nov 2012

Standing To Sue A Carrier's Killers , Davis J. Howard

Pepperdine Law Review

No abstract provided.


Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera Nov 2012

Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera

Pepperdine Law Review

No abstract provided.


The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland Nov 2012

The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland

Pepperdine Law Review

No abstract provided.


Foreword, Antonin Scalia Nov 2012

Foreword, Antonin Scalia

Pepperdine Law Review

No abstract provided.


May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba Nov 2012

May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba

Northwestern Journal of Law & Social Policy

This Article examines the questions that Supreme Court Justices ask during oral argument. The authors content-coded questions asked in fifty-three cases argued during the October 2009, 2010, and 2011 terms—a total of 5,115 questions. They found that the Justices vary significantly in the extent to which they ask about different aspects of a case, including threshold issues, precedent, facts, external actors, legal argument, and policy. They also found that the Justices were more likely to ask policy-oriented questions in education cases than in constitutional cases that did not arise in a school setting. The authors included a case study of …


To “Advice And C̶O̶N̶S̶E̶N̶T̶Delay”: The Role Of Interest Groups In The Confirmation Of Judges To The Federal Courts Of Appeal, Donald E. Campbell Nov 2012

To “Advice And C̶O̶N̶S̶E̶N̶T̶Delay”: The Role Of Interest Groups In The Confirmation Of Judges To The Federal Courts Of Appeal, Donald E. Campbell

Northwestern Journal of Law & Social Policy

Political and partisan battles over nominees to the federal courts of appeal have reached unprecedented levels. This article considers the reasons for this change in the process. Using evidence from law and political science, this article proposes that current confirmation struggles are greatly influenced by increased involvement of interest groups in the process. The article tests the role of interest groups through an in-depth examination of George W. Bush’s nomination of Leslie H. Southwick to the Fifth Circuit Court of Appeals. Utilizing the Southwick case study, the article provides evidence of how interest groups impact the confirmation process by designating …


The Art Of Legal Reasoning And The Angst Of Judging: Of Balls, Strikes, And Moments Of Truth, Timothy P. Terrell Nov 2012

The Art Of Legal Reasoning And The Angst Of Judging: Of Balls, Strikes, And Moments Of Truth, Timothy P. Terrell

Northwestern Journal of Law & Social Policy

An essay of only five short paragraphs published several years ago by the noted Harvard paleontologist Stephen Jay Gould about a controversial call by baseball umpire Babe Pinelli provides all the foundation necessary for a thorough investigation of the phenomenon of legal reasoning. The present article contrasts Gould’s analysis of a “strike” with the comment by then-Judge John Roberts at his Supreme Court confirmation hearings that he just wanted to “call [the] balls and strikes,” and through this exchange develops a new approach toward identifying—and teaching—the basic elements of sophisticated legal thinking. This article divides legal reasoning into four interrelated …


The Perspective Of A Junior Circuit Judge On Judicial Modesty, William H. Pryor Jr. Nov 2012

The Perspective Of A Junior Circuit Judge On Judicial Modesty, William H. Pryor Jr.

Florida Law Review

My topic today is judicial modesty, which some critics of the federal judiciary might say is an oxymoron. After all, these critics, in recent years, have dubbed it “the imperial judiciary,” “the most dangerous branch,” and “our judicial oligarchy.” Modesty is not a typical charge against the federal courts. After I provide an overview of judicial modesty based on what the Chief Justice and Judge Posner have said about it, I will address two aspects of my work that provide opportunities to display judicial modesty. First, I will address an aspect of the adjudicative work of the courts of appeals: …


Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk Nov 2012

Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk

Pepperdine Law Review

No abstract provided.


California Practicum: A Guide To Coordination Of Civil Actions In California, Darren L. Brooks Nov 2012

California Practicum: A Guide To Coordination Of Civil Actions In California, Darren L. Brooks

Pepperdine Law Review

No abstract provided.


When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder Nov 2012

When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder

Pepperdine Law Review

No abstract provided.


Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso Nov 2012

Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso

Pepperdine Law Review

No abstract provided.


California Supreme Court Survey February 1993 - December 1993 , James J. Maloney Nov 2012

California Supreme Court Survey February 1993 - December 1993 , James J. Maloney

Pepperdine Law Review

No abstract provided.


Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon Nov 2012

Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.


Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling Nov 2012

Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling

Pepperdine Law Review

No abstract provided.


California Supreme Court Survey July 1992 - December 1993 , James J. Maloney Nov 2012

California Supreme Court Survey July 1992 - December 1993 , James J. Maloney

Pepperdine Law Review

No abstract provided.


California Supreme Court Survey October 1992 - October 1993, James J. Maloney Nov 2012

California Supreme Court Survey October 1992 - October 1993, James J. Maloney

Pepperdine Law Review

No abstract provided.


Issue 1: Annual Survey 2012 Table Of Contents Nov 2012

Issue 1: Annual Survey 2012 Table Of Contents

University of Richmond Law Review

No abstract provided.


Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas Nov 2012

Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas

Articles

The article argues that criminal sentencing, often perceived as a singular, justice-focused moment, is in reality a complex, fragmented process heavily influenced by prosecutorial discretion and plea bargaining. It contends that public participation, inspired by principles of administrative law, could enhance the fairness, transparency, and legitimacy of sentencing and related processes, such as charging and plea bargaining. By integrating public input and structured decision-making, the criminal justice system could better align with democratic values and address systemic disparities.


Distinguishing Starfish From Cobras: The Importance Of Discretion For The Juvenile Judge In Fitness Hearings, Socrates Peter Manoukian Oct 2012

Distinguishing Starfish From Cobras: The Importance Of Discretion For The Juvenile Judge In Fitness Hearings, Socrates Peter Manoukian

Pepperdine Law Review

No abstract provided.


Statutory Interpretation Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making , R. Randall Kelso Oct 2012

Statutory Interpretation Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making , R. Randall Kelso

Pepperdine Law Review

No abstract provided.


Judicial Review And The Exclusionary Rule, Morgan Cloud Oct 2012

Judicial Review And The Exclusionary Rule, Morgan Cloud

Pepperdine Law Review

No abstract provided.


The Christian Executioner: Reconciling “An Eye For An Eye” With “Turn The Other Cheek”, Jill Jones Oct 2012

The Christian Executioner: Reconciling “An Eye For An Eye” With “Turn The Other Cheek”, Jill Jones

Pepperdine Law Review

No abstract provided.


"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations, Derek E. Brown Oct 2012

"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations, Derek E. Brown

Pepperdine Law Review

No abstract provided.