Judges Commons^™

Gen Ms 29 Harriet P. Henry Papers Finding Aid, Elizabeth Sistare

Search the General Manuscript Collection Finding Aids

Description:

Harriet Putnam Henry became Maine’s first woman judge in 1973. Her expertise was in marine law and coastal management. She also has an extensive civil service record, including advocacy for women judges and work with child abuse and child welfare. She was active with the Maine Humanities Council, where the Harriet P. Henry Center for the Book was named in her honor. The Papers consist of publications and writings of Henry and others.

Date Range:

ca. 1941-1995

Size of Collection:

0.75 ft

At What Is The Supreme Court Comparatively Advantaged?, R. George Wright

West Virginia Law Review

No abstract provided.

Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin

William & Mary Bill of Rights Journal

Among the creative contributions that the late Charles H. Koch, Jr., made to administrative law thinking was his exploration of the present and potential role of administrative judges as policymakers. Charles stood in firm opposition to recent trends that, in his view, had served to strengthen the policymaking role of administrative judges at the expense of agency heads. He insisted that ultimate control over the policy direction of a program should rest with the officials who have been appointed to administer that program. While adhering to this baseline, however, Charles gravitated over time toward a nuanced view that sought to …

Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl

Faculty Publications

When courts review agency action, they typically accord agency decisions a degree of deference. As many courts and commentators have recognized, the law in this area is complicated because it features numerous standards of review, including several distinct regimes for evaluating agencies’ legal interpretations. There is, however, at least one important respect in which uniformity rather than variety prevails: the applicable standards of review do not vary depending on which court is reviewing the agency. Whichever standard governs a particular case—Chevron, Skidmore, or something else—all courts in the judicial hierarchy are supposed to apply that same standard.

This Article proposes …

Naalj Membership Application And Questionnaire, Tiffany Bacon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Civil Justice Reform In Social Security Adjudications, Jeffrey S. Wolfe

Journal of the National Association of Administrative Law Judiciary

Part I of this Article explores the actions of the Social Security Administration over time, both as related directly to the role of the administrative law judge in the case management process and to the agency's management of the backlog crisis generally, examining the cultural environment of bureaucratic management that has, despite the passage of decades, failed to remedy a persistent animus between the agency and its cadre of administrative law judges to the public detriment. Part II next examines the core attributes of the managerial judge and contrasts this in Part III with the agency's handling of the backlog …

Fundamental Fairness, Judicial Efficiency And Uniformity: Revisiting The Administrative Procedure Act, Daniel F. Solomon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Sotomayor's Empathy Moves The Court A Step Closer To Equitable Adjudication, Veronica Couzo

Notre Dame Law Review

On August 6, 2009, then-Judge, now-Justice, Sonia Sotomayor was confirmed as the nation’s first Latina Supreme Court Justice. While many Latinos embraced the idea of having “Sonia from the Bronx” on the bench, others were fearful that her jurisprudence, combined with her background, would result in “reverse racism.” These fears, while arguably unfounded at the time, have been completely dispelled. Just as Justice Thurgood Marshall transformed the adjudications of the Supreme Court through experiential discourse, so too, to a lesser extent, has Justice Sotomayor. In both oral arguments and written opinions, Justice Sonia Sotomayor has demonstrated educative leadership—enlightening her colleagues …

Selecting The Very Best: The Selection Of High-Level Judges In The United States, Europe And Asia, Christa J. Laser, Tefft Smith, Michael Fragoso, Christopher Jackson, Gregory Wannier

Law Faculty Articles and Essays

This paper has been prepared by Kirkland & Ellis LLP for the Due Process of Law Foundation (“DPLF”), an organization dedicated to promoting and strengthening the rule of law and the respect for human rights in the Americas. The goal is to provide further stimulus to the enhancement of due process and the rule of law in Latin America by encouraging the transparent, merit-based selection and appointment of competent, independent, and impartial judges. An independent and impartial judiciary is an essential precondition to the effective operation of the rule of law, with due process for all. This, in turn, is …

Issue 1: Annual Survey 2013 Table Of Contents

University of Richmond Law Review

No abstract provided.

Preface, Christopher W. Bascom

University of Richmond Law Review

No abstract provided.

Self-Government And The Judicial Function, David Rudenstine

Articles

No abstract provided.

Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl

Touro Law Review

No abstract provided.

The Influence Of A Jewish Education And Jewish Values On A Jewish Judge, Alvin K. Hellerstein

Touro Law Review

No abstract provided.

Footnote Online Supplement: State Truancy Law Compilation, Dean H. Rivkin

College of Law Faculty Scholarship

This compilation of state truancy laws is being provided as a footnote supplement to the forthcoming article No Child Left Behind? Representing Youth and Families in Truancy Matters (2013) by Prof. Dean Hill Rivkin and Brenda McGee, of The Education Law Practicum at the University of Tennessee College of Law. It is an updated version of the laws listed in the Juvenile Law Center’s excellent amicus curiae brief in Bellevue School District v. E.S., Brief of Juvenile Law Center, et al., As Amicus Curiae on Behalf of Respondent, Bellevue Sch. Dist. v. E.S., 257 P.3d 570 (Wash. 2011) …

The Expert, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

A Nonagenarian Discusses Life As A Senior Circuit Judge, Ruggero J. Aldisert

The Journal of Appellate Practice and Process

No abstract provided.

Diversity, Deliberations, And Judicial Opinion Writing., Susan B. Haire, Laura P. Moyer, Shawn Treier

Faculty and Staff Scholarship

Underlying scholarly interest in diversity is the premise that a representative body contributes to robust decision-making processes. Using an innovative measure of opinion content, we examine this premise by analyzing deliberative outputs in the US courts of appeals (1997-2002). While the presence of a single female or minority did not affect the attention to issues in the majority opinion, panels composed of a majority of women or minorities produced opinions with significantly more points of law compared to panels with three Caucasian males.

Naalj Membership Application And Questionnaire, Tiffany Bacon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)

The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …

Reflections On The End Of The Federal Law Clerk Hiring Plan, Aaron L. Nielson

Michigan Law Review First Impressions

As applicants, federal judges, and law school career counselors everywhere frantically come to terms with the new clerkship landscape, one truth is inescapable: the Federal Law Clerk Hiring Plan ("the Plan") is dead. On January 29, 2013, the D.C. Circuit-the Plan's last and best defender-announced that it would no longer follow the Plan. The consequences of that announcement have been swift. For the last several months, months earlier than almost anyone expected, untold numbers of federal judges across the country have been rushing to hire law clerks. For these judges, the unregulated clerkship market of the pre-Plan era is back. …

Altering Attention In Adjudication, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie

Cornell Law Faculty Publications

Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of a case are particularly salient to the judge. Put simply, a judge focusing on one aspect of a case might reach a different outcome than a judge focusing on another. In this Article, we report the results of a series of studies exploring various ways in which directing judicial attention can shape judicial outcomes. In the first study, we show that judges impose shorter sentences when …

Mock Trials And Real Justices And Judges, Richard A. Posner

Cardozo Law Review

No abstract provided.

Altering Attention In Adjudication, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Vanderbilt Law School Faculty Publications

Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of a case are particularly salient to the judge. Put simply, a judge focusing on one aspect of a case might reach a different outcome than a judge focusing on another. In this Article, we report the results of a series of studies exploring various ways in which directing judicial attention can shape judicial outcomes. In the first study, we show that judges impose shorter sentences when …

What Would Congress Want? If We Want To Know, Why Not Ask?, Danieli Evans

Articles

Judges often disagree about which interpretation of a statute is most faithful to 'legislative intent.' If judges are concerned about adhering to democratic preferences when interpreting statutes, why not ask Congress what it would prefer? I propose a procedure that would enable the Court, in a case where Justices are divided over the meaning of a statute, to submit both sides' reasoning to Congress, and Congress may choose to vote on its preferred of the alternative rulings the Court puts before it. Congress's preferences would be evidentiary only; they would not bind the Court to make one decision or another. …

The Role Of The Federal Judge In The Constitutional Structure: An Originalist Perspective, Diarmuid F. O'Scannlain

San Diego Law Review

Join me now in examining some of the structural features of our Constitution. And let’s do so by focusing upon cases that have come before my court—the United States Court of Appeals for the Ninth Circuit, the second highest federal court in the land, inferior only to the Supreme Court of the United States. My goal is to present, in modest outline, an originalist perspective on the federal judge’s role, particularly my role as a circuit judge, in the constitutional order.

Holmes, Cardozo, And The Legal Realists: Early Incarnations Of Legal Pragmatism And Enterprise Liability, Edmund Ursin

San Diego Law Review

The theory of enterprise liability is associated with the tort lawmaking of the liberal California Supreme Court of the 1960s and 1970s. Legal pragmatism, in turn, is associated with the conservative jurist Richard Posner. This Article explains that early incarnations of each can be found in the works of four giants in American law: Justice Oliver Wendell Holmes, Judge—later Justice—Benjamin Cardozo, and the Legal Realists Leon Green and Karl Llewellyn. As will be seen, these scholars and judges shared a common view of the lawmaking role of courts. Stated simply, this shared view was that judges are lawmakers and policy …

Justice Florence Kerins Murray: The Legacy Of A Pioneer In The Rhode Island Courts, Marian M. Desrosiers Ph.D.

Journal of Interdisciplinary Feminist Thought

This essay discusses the professional and personal life of Florence Kerins Murray (1916-2004), a senator and judge, whose career had a profound effect onRhode Islandgovernment, public service, and the judiciary. The author uses twenty oral history interviews conducted by the author from 2007-12 with men and women working in the courts, in state and local governments, in public service organizations, and in the media. The research was funded by a scholar grant from the Rhode Island Council on the Humanities.

For The Times They Are A-Changin': Explaining Voting Patters Of U.S. Supreme Court Justices Through Identification Of Micro-Publics, Jeff Yates, Justin Moeller, Brian Levey

Brigham Young University Journal of Public Law

In assessing how social forces may shape U.S. Supreme Court Justices’ decision-making it has been presumed that there is a singular public opinion and that this opinion affects each individual Justice in largely the same fashion. We suggest that it is more likely the case that Justices’ world views are informed and shaped by a myriad of social concerns and group identities upon which the Justices structure and process their experiences and develop and refine their personal schemas. While some have already begun to question the proposition of a monolithic public opinion influence on judicial behavior and have begun to …