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2012

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Articles 121 - 150 of 269

Full-Text Articles in Judges

Derrick Bell: Godfather Provocateur, André Douglas Pond Cummings Apr 2012

Derrick Bell: Godfather Provocateur, André Douglas Pond Cummings

Law Faculty Scholarship

Professor Derrick Bell, the originator and founder of Critical Race Theory, passed away on October 5, 2011 at the age of 80. Around the world he is considered a hero, mentor, friend and exemplar. Known as a creative innovator and agitator, Professor Bell often sacrificed his career in the name of principles and objectives, inspiring a generation of scholars of color and progressive lawyers everywhere. Bell resigned a tenured position on the Harvard Law School faculty to protest Harvard’s refusal to hire and tenure women of color onto its law school faculty. For the past twenty years, Professor Bell taught …


The Judge And Extrajudicial Conduct: Challenges, Lessons Learned, And A Proposed Framework For Assessing The Propriety Of Pursuing Activities Beyond The Bench, Jonathan Lippman Apr 2012

The Judge And Extrajudicial Conduct: Challenges, Lessons Learned, And A Proposed Framework For Assessing The Propriety Of Pursuing Activities Beyond The Bench, Jonathan Lippman

Cardozo Law Review

No abstract provided.


Actual Versus Perceived Performance Of Judges, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi Apr 2012

Actual Versus Perceived Performance Of Judges, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi

Cornell Law Faculty Publications

No abstract provided.


Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner Apr 2012

Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner

University of Michigan Journal of Law Reform

Section 208(a) of the Immigration and Nationality Act provides that asylum may be granted to an applicant who meets the definition of a refugee-that is, someone who has been persecuted or has a well-founded fear of future persecution in her own country on account of race, religion, nationality, political opinion, or membership in a particular social group. Asylum is a discretionary form of relief which means that the United States government is not required to grant asylum to every refugee within the United States but instead may decide whether or not to do so. This Article sets out in Part …


Antiformalism At The Federal Circuit: The Jurisprudence Of Chief Judge Rader, Peter Lee Apr 2012

Antiformalism At The Federal Circuit: The Jurisprudence Of Chief Judge Rader, Peter Lee

Washington Journal of Law, Technology & Arts

Commentators have long noted that the Federal Circuit tends to produce formalistic patent doctrine that favors bright-line rules over extensive engagement with facts and context. This Article, however, argues that Chief Judge Rader’s approach to patent law diverges sharply from this methodological tendency. In particular, it explores Chief Judge Rader’s rejection of formalism by examining his contributions to three areas of patent doctrine: claim construction, patentable subject matter, and the written description requirement. Throughout his engagement with patent law, Chief Judge Rader exhibits a striking sensitivity to context, policy considerations, and exogenous sources of authority that distinguishes himself from his …


Developments In The Jurisprudence On The Use Of Experts, Marilyn L. Huff Apr 2012

Developments In The Jurisprudence On The Use Of Experts, Marilyn L. Huff

Washington Journal of Law, Technology & Arts

No abstract provided.


Celebrating Contributions Of Chief Judge Rader To Patent Infringement Jurisprudence, Katherine E. White Apr 2012

Celebrating Contributions Of Chief Judge Rader To Patent Infringement Jurisprudence, Katherine E. White

Washington Journal of Law, Technology & Arts

Chief Judge Rader’s judicial opinions contribute significantly to patent infringement jurisprudence. He writes from a teacher’s perspective, providing context and a clear lens through which legal issues may be examined. His deep reverence for the rule of law pervades his opinions, as he injects a cadre of principles governing his approach. Each opinion builds a foundation made of consistency and clarity in upholding the fundamental purposes underlying the patent grant.


When Good Enough Is Not Good Enough, Karl Stampfl Apr 2012

When Good Enough Is Not Good Enough, Karl Stampfl

Michigan Law Review

According to conventional wisdom, the state of statutory interpretation is not strong. Its canons of construction-noscitur a sociis, ejusdem generis, expressio unius est exclusio alterius, reddendo singula singulis, and more than a few others-are a morass of Latin into which many law students and even judges have sunk. Its practitioners are unprincipled. Its doctrines are muddied. Its victims are many. In short, the system is broken-unless, of course, it is not. In The Language of Statutes: Laws and Their Interpretation, Lawrence M. Solan slices through the rhetoric, the fighting, and the law-review-article histrionics in an attempt to show that the …


The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer Iii Mar 2012

The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer Iii

Pepperdine Law Review

No abstract provided.


Have We Come Full Circle? Judicial Sentencing Discretion Revived In Booker And Fanfan, Sandra D. Jordan Mar 2012

Have We Come Full Circle? Judicial Sentencing Discretion Revived In Booker And Fanfan, Sandra D. Jordan

Pepperdine Law Review

The much anticipated Supreme Court decision in United States v. Booker and Fanfan has both invalidated the mandatory nature of the federal Sentencing Guidelines as well as restored judicial discretion for federal judges. With the Booker decision there is a renewed opportunity to correct some of the imbalance that came about as a result of the mandatory guidelines and the sentencing policies of the past twenty years. Booker has implications for all future sentencing as the power between the judiciary and the jury has been realigned and the power of the government has been reduced. Sentencing cannot accomplish legitimate goals …


Judicial Recusal And Disqualification: The Need For A Per Se Rule On Friendship (Not Acquaintance), Jeremy M. Miller Mar 2012

Judicial Recusal And Disqualification: The Need For A Per Se Rule On Friendship (Not Acquaintance), Jeremy M. Miller

Pepperdine Law Review

Legal Ethics rules have become both more objective and more specific. There are already enemy rules for recusal. The recent debacle of the Antonin Scalia/Dick Cheney hunting trip when VP Cheney was a named defendant, and Scalia's refusal to disqualify himself shows there is a problem. But Scalia was correct, friendship does not mandate recusal. However, friendship, properly defined, as herein, must be added to the recusal factors. Former Chief Justice Rehnquist refusing to disqualify himself when he was involved in a lower court case as prosecutor caused an analogous change in the judicial conduct rules. This paper traces case …


"Of A Judiciary Nature": Observations On Chief Justice's First Opinions, Diane S. Sykes Mar 2012

"Of A Judiciary Nature": Observations On Chief Justice's First Opinions, Diane S. Sykes

Pepperdine Law Review

No abstract provided.


Mediation By Judges: A New Phenomenon In The Transformation Of Justice , Louise Otis, Eric H. Reiter Mar 2012

Mediation By Judges: A New Phenomenon In The Transformation Of Justice , Louise Otis, Eric H. Reiter

Pepperdine Dispute Resolution Law Journal

This article has three principal parts. In the first, we present an overview of judicial mediation and how it responds to some of the perceived problems with the classical model of adjudication. In this analysis, we draw especially on the experience with judicial mediation at the appellate level at the Quebec Court of Appeal. In the second part, we examine the unfolding of the mediation process itself, using an annotated guide to judicial mediation to address broader issues of both practical and theoretical concern. In the third part, we consider the crucial question of ethics in mediation, signaling some of …


Alternative Dispute Resolution And Court-Appointed Experts , Joseph R. Slights Iii, Mark G. Haug Mar 2012

Alternative Dispute Resolution And Court-Appointed Experts , Joseph R. Slights Iii, Mark G. Haug

Pepperdine Dispute Resolution Law Journal

This article shamelessly borrows its subtitles-the Court's Tale and the Expert's Tale-from Chaucer's tale-telling. The two tales examine the life cycle of a case utilizing a court-appointed expert. The Court's Tale begins with a presumption against the court-appointed expert. Certain characteristics of a dispute, however, may be sufficient to rebut this presumption. The Court's Tale tells of one such case. The case involved complex damage calculations and irreconcilable positions that invite an objective analysis. The article then turns toward the Expert's Tale which describes how an expert helped resolve the problem. Following the Expert's Tale, the court assesses the outcome …


A Tribute To Matt Byrne, John Van De Kamp Mar 2012

A Tribute To Matt Byrne, John Van De Kamp

Pepperdine Law Review

No abstract provided.


Friend, Mentor, Colleague: A Tribute To Judge Matt Byrne, Pamela Rymer Mar 2012

Friend, Mentor, Colleague: A Tribute To Judge Matt Byrne, Pamela Rymer

Pepperdine Law Review

No abstract provided.


Judge William Matthew Byrne: An Irish Reflection, Mark H. Tuohey Iii Mar 2012

Judge William Matthew Byrne: An Irish Reflection, Mark H. Tuohey Iii

Pepperdine Law Review

No abstract provided.


Remarks Matt Byrne Memorial June 23, 2006, Ron L. Olson Mar 2012

Remarks Matt Byrne Memorial June 23, 2006, Ron L. Olson

Pepperdine Law Review

No abstract provided.


Lessons Learned From Matt, A. Howard Matz Mar 2012

Lessons Learned From Matt, A. Howard Matz

Pepperdine Law Review

No abstract provided.


The Judicial Appointment Process, John Tunney Mar 2012

The Judicial Appointment Process, John Tunney

Pepperdine Law Review

No abstract provided.


Matt Byrne, Michael Lightfoot Mar 2012

Matt Byrne, Michael Lightfoot

Pepperdine Law Review

No abstract provided.


"Momentous Changes Taking Place" Matt Byrne's Leadership Role In Dialogue With The U.S.S.R., Weyman I. Lundquist Mar 2012

"Momentous Changes Taking Place" Matt Byrne's Leadership Role In Dialogue With The U.S.S.R., Weyman I. Lundquist

Pepperdine Law Review

No abstract provided.


Introduction, Warren Christopher Mar 2012

Introduction, Warren Christopher

Pepperdine Law Review

No abstract provided.


The Roberts Court & Executive Power, Jeffrey Rosen Mar 2012

The Roberts Court & Executive Power, Jeffrey Rosen

Pepperdine Law Review

No abstract provided.


The Alito/O'Connor Switch, Joan Biskupic Mar 2012

The Alito/O'Connor Switch, Joan Biskupic

Pepperdine Law Review

No abstract provided.


Introduction To Symposium: An Enigmatic Court? Examining The Roberts Court As It Begins Year Three, Douglas W. Kmiec, Kenneth W. Starr Mar 2012

Introduction To Symposium: An Enigmatic Court? Examining The Roberts Court As It Begins Year Three, Douglas W. Kmiec, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


The Inaugural William French Smith Memorial Lecture: A Look At Supreme Court Advocacy With Justice Samuel Alito, Samuel A. Alito Jr, Douglas W. Kmiec, Carter G. Phillips, Kenneth W. Starr Mar 2012

The Inaugural William French Smith Memorial Lecture: A Look At Supreme Court Advocacy With Justice Samuel Alito, Samuel A. Alito Jr, Douglas W. Kmiec, Carter G. Phillips, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


How To Take Control Of The Runaway Litigation Train , Jeremy Fogel Mar 2012

How To Take Control Of The Runaway Litigation Train , Jeremy Fogel

Pepperdine Dispute Resolution Law Journal

My subject today is how informed and appropriate use of alternative dispute resolution can benefit the parties in a business dispute, both by reducing costs and by producing qualitatively better results. As I will explain, although my colleagues on the bench and I do not mind presiding over your cases, litigating a commercial case rarely is the best means of advancing the interests of the companies involved.


When Staying Discovery Stays Justice: Analyzing Motions To Stay Discovery When A Motion To Dismiss Is Pending, Kevin J. Lynch Mar 2012

When Staying Discovery Stays Justice: Analyzing Motions To Stay Discovery When A Motion To Dismiss Is Pending, Kevin J. Lynch

Sturm College of Law: Faculty Scholarship

Due to the important costs and benefits of discovery, decisions that affect the scope, timing, or availability of discovery are enormously consequential. For civil litigation in federal court, district and magistrate judges make many decisions about discovery that affect the cases before them. They decide the length and number of depositions that may be taken, compel or protect against the production of large numbers of documents and electronic data searches, serve as gatekeepers for expert witness testimony, and even decide whether the parties may take discovery at all until any motions to dismiss have been resolved. This Article focuses squarely …


Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn Mar 2012

Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn

The University of New Hampshire Law Review

[Excerpt] “In the 1950s and 1960s, the southern states struggled to respond to the civil rights decisions being issued by the U.S. Supreme Court as well as the new civil rights laws being passed by Congress. The judicial battleground for this perfect storm of evasion and massive resistance was found in the “old” Fifth Circuit Court of Appeals, which encompassed the states of Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas. In the “old” Fifth Circuit, a minority of liberal appeals court judges—sympathetic to the civil rights movement—used all legal and administrative power at their disposal to make sure that the …