Judges Commons^™

A Tribute To The Honorable Oscar A. Hunsicker, William P. Kannel, William H. Victor, Robert D. Moss, Richard L. Aynes

Akron Law Review

Judge Hunsicker was elected to the Juvenile Court bench in 1930. He was a pioneer in the changing of Juvenile Courts and was primarily responsible for much of a lasting philosophy and many lasting procedures of our present day Juvenile Court. He served in that court until 1946 when he was elevated to the Ninth District Court of Appeals. His record as an outstanding Jurist is common knowledge.

Newsroom: Waters '98 On Tempest Verdict Reversal, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Strategic Behavior And Variation In The Supreme Court’S Caseload Over Time, Kenneth W. Moffett, Forrest Maltzman, Karen Miranda, Charles R. Shipan

SIUE Faculty Research, Scholarship, and Creative Activity

Over the past sixty years, the size of the Supreme Court’s docket has varied tremendously, growing at some points in time and shrinking at others. What accounts for this variation in the size of the docket? We focus on two key strategic factors – the predictability of outcomes within the Court, and whether justices consider the potential actions of other political institutions – and assess whether these factors help to explain the variation in docket size over time. We discover that uncertainty and institutional constraints prevent the Court from choosing cases with complete freedom, even after accounting for other potential …

Federal Judges And Presidential Power: Truman To Reagan, Craig R. Ducat, Robert L. Dudley

Akron Law Review

While there is a considerable literature consisting of commentaries on the substance of federal court decisions about presidential power, there has been little quantitative investigation of political factors influencing judicial decision-making in those cases. Analyzing the votes cast by judges at all levels of the federal judiciary during the post-World War II era, this study examines several conventional expectations about the impact of such political factors as political party affiliation and presidential appointment, the difference between the foreign and military affairs and domestic policy areas, length of judicial tenure, and judges' possession of prior legislative or executive experience.

The Last Word, Ross E. Davies

The Journal of Appellate Practice and Process

No abstract provided.

Legislative Process And Intent In Justice Scalia's Interpretive Method, David Schultz

Akron Law Review

This article explores Justice Scalia's views on the legislative process and his interpretive methodology which questions using legislative intent when interpreting statutes. Unlike other recent scholarship which focuses on Scalia's interpretive method, this article is somewhat more expansive. It will examine his views towards the legislative process and decision-making, including his approach and methodology used in interpreting legislative pronouncements. To do this, the article will first provide an assessment of recent legal scholarship describing Scalia's interpretive jurisprudence. The goal here is to establish a description of the legal community's perspective regarding Scalia's views towards interpreting statutes. The second section will …

Justice Brennan's Gender Jurisprudence, Rebecca Korzec

Akron Law Review

However, less attention has been focused on Justice Brennan's dramatic impact on the Supreme Court's gender jurisprudence. More than any other member of the Court, Justice Brennan recognized the complexity and pervasiveness of sex discrimination and its costs to society as a whole. Brennan's opinions recognized that sex differentiation is largely cultural in origin, rather than based on "real" gender differences. As a result, Justice Brennan created a truly independent gender jurisprudence, eventually emerging as the architect of the Supreme Court's contemporary test for evaluating claims of sex-based discrimination.

Understanding the significance of Brennan's contribution requires an appreciation of the …

Clouds In The Crystal Ball: Presidential Expectations And The Unpredictable Behavior Of Supreme Court Appointees, Christopher E. Smith, Kimberly A. Beuger

Akron Law Review

This article will analyze the pitfalls that presidents face in hoping that their nominees' judicial performance will comport with presidential expectations.

The Trial Judge As Gatekeeper For Scientific Evidence: Will Ohio Rule Of Evidence 102 Frustrate The Ohio Courts' Role Under Daubert V. Merrell Dow?, Michael Lepp, Chrisopher B. Mcneil

Akron Law Review

This article considers the role of the trial court in responding to the changes wrought by scientific innovation. Particular consideration is given to the impact likely to be realized in Ohio trial courts from the decision of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc.

[...]In order to appreciate the significance of Ohio Evidence Rule 102 in this context, it is helpful to first examine some of the events leading to Daubert, especially the application (and in some instances, the rejection) of Frye both in Ohio and at the federal level. Following that, this article will …

The Impact Of New Justices: The U.S. Supreme Court And Criminal Justice Policy, Christopher E. Smith

Akron Law Review

The Supreme Court is an important policy-making institution. In criminal justice, for example, the high court issues decisions affecting institutions, actors, and processes throughout the justice system, from police investigations through corrections and parole. The Court's policy decisions affecting criminal justice are produced by the votes of the nine justices who select, hear, decide, and issue opinions in cases. It is widely recognized, and probably axiomatic, that the Supreme Court's decision-making patterns are determined by the Court's membership at any given moment in history. When five or more justices support a specific outcome in a case, they can form a …

Sanders V. Sears-Page, 131 Nev. Adv. Op. 50, Scott Lundy

Nevada Supreme Court Summaries

The Court held that the district court erred in deciding not to strike an empaneled juror whose background implied bias, but who promised he could remain impartial. Moreover, the Court held the district court erred in allowing challenges for cause while the juror was present, and by allowing newly discovered evidence to be entered into evidence on the final day of trial.

Veteran Treatment Courts, Honorable Robert T. Russell

Touro Law Review

No abstract provided.

Sexually Exploited Youth: A View From The Bench, Honorable Fernando Camacho

Touro Law Review

No abstract provided.

Mental Health Courts: Bridging Two Worlds, Honorable Matthew J. D’Emic

Touro Law Review

No abstract provided.

Adjudicating Cases Involving Adolescents In Suffolk County Criminal Courts, Honorable Fernando Camacho

Touro Law Review

No abstract provided.

Foreword, Honorable Judith S. Kaye

Touro Law Review

No abstract provided.

Foreword, Honorable Sol Wachtler

Touro Law Review

No abstract provided.

Is Justice For Sale In Ohio? An Examination Of Ohio Judicial Elections And Suggestions For Reform Focusing On The 2000 Race For The Ohio Supreme Court, Kara Baker

Akron Law Review

“Is justice for sale in Ohio?” asked a television advertisement in October 2000. Another advertisement informed voters that “today in Ohio, instructors teach and students learn, in spite of Justice Alice Resnick.” These advertisements are examples of the derogatory judicial campaigning that is becoming prevalent in the United States.

Part II of this comment will focus on the 2000 Ohio Supreme Court campaign between Alice Robie Resnick and Terrence O’Donnell as an example of current problems in judicial campaigning. The effect of this campaign and of similar other campaigns on the judicial system and public perceptions of justice will be …

Newsroom: Lawyers Under The Nazis, Roger Williams University School Of Law

Life of the Law School (1993- )

Available @ http://law.rwu.edu/story/lawyers-under-nazis

In The Wake Of White: How States Are Responding To Republican Party Of Minnesota V. White And How Judicial Elections Are Changing, Rachel Paine Caufield

Akron Law Review

The selection of state court judges in the United States has been the subject of vigorous debate. The controversy continues to build as some scholars contend that only the appointment of judges ensures the independence of the judiciary by insulating the judge from retaliation for unpopular decisions. Yet volumes of evidence unfold each day to reveal a judiciary under attack for making legal albeit unpopular decisions. While the cloak of a lifetime appointment with no effective method of removal does little to instill confidence in the impartiality of the judiciary, an election riddled with partisan rhetoric or one-sided attacks is …

Antipodal Invective: A Field Gude To Kangaroos In American Courtrooms, Parker B. Potter Jr.

Akron Law Review

This article discusses three other groups of opinions that use the phrase “kangaroo court.” The first section describes the various decision-making behaviors that qualify a tribunal to wear the Scarlet K. It does so by discussing opinions in which a judge or a litigant has given a definition of the term “kangaroo court” when that term is used metaphorically, as invective, to disparage the fairness of another tribunal. The second section describes the habitat of adjudicatory kangaroos by examining opinions like Silver v. Castle Memorial Hospital, in which a judge has called another tribunal a kangaroo court. The third section …

Citizen Lewis Powell, David Westin

Washington and Lee Law Review Online

No abstract provided.

Newsroom: Logan On Justice Scalia's Vitriol, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

A Triumphant Day In Pace Law School’S History: Justice Sonia Sotomayor’S November 12, 2012 Visit To Our Campus, Emily Gold Waldman

Pace Law Review

“Read through and then we can discuss. Don’t forward to anyone,” stated a March 2012 e-mail from Dean Emeritus Michelle Simon to me. The e-mail’s subject line was unremarkable – “FW: Your Pace Visit” – but its actual subject was anything but: Associate Supreme Court Justice Sonia Sotomayor had officially agreed to visit Pace Law School. It was time for intensive planning to begin. The fruition of that planning – Justice Sotomayor’s full-day visit to our campus on November 12, 2012, the first-ever visit of a Supreme Court Justice to Pace Law School – was a wonderful highlight of Michelle’s …

Court Arbitration By Compromise: Rethinking Delaware's State Sponsored Arbitration Case, Yuval Sinai, Michal Alberstein

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Judge James R. Browning: His Legacy For Montana And The Future Of The Federal Judiciary, The Honorable Sidney R. Thomas

Montana Law Review

No abstract provided.

Calculating Credibility: State V. Sharma And The Future Of Polygraph Admissibility In Ohio And Beyond, Vincent V. Vigluicci

Akron Law Review

Almost a century after its inception, the polygraph test remains one of the most fascinating forms of evidence. Firmly entrenched in popular mythology, the polygraph offers the promise of calculating truth and credibility with scientific certainty, a proposition that continues to capture the public’s imagination. At the same time, the polygraph has also been viewed with great trepidation as a flawed and dangerous instrument of oppression. Commonly called a “lie detector,” the polygraph does not actually detect lying; it measures subtle changes in blood pressure, pulse, respiration, and the skin’s resistance to electricity that are thought to result from the …

Education For Judicial Aspirants, Keith R. Fisher

Akron Law Review

This article is a synthesis of the author’s work to date on the subject of Introductory Judiciary Education... This article will consider the concept of Introductory Judicial Education, its underlying rationale and purpose, and the possible curricular content of such a program.

A Tribute To The Honorable Sam H. Bell ('52), Richard L. Aynes, Margaret Andreeff Matejkovic

Akron Law Review

The late Judge Sam H. Bell (’52) saw the powerful effect of, and beauty in, words. He wrote and spoke them with precision, with thoughtfulness, and with compassion. And he listened intently to the words of others—to the words of all people from all walks of life. His fundamental humanity, great kindness, and assiduous pursuit of knowledge through perusing of the philosophies, the histories, and the literature of the law permeated his choice of words in his speeches and writings. It is because of these and other qualities of Judge Bell’s character as a man and as a judge that …

Chooseyourjudges.Org: Treating Elected Judges As Politicians, Ric Simmons

Akron Law Review

In order to combat this problem of voter ignorance, I recently created a website designed to provide voters with information about judicial elections...Creating the website posed unique practical challenges, such as how to gather the information about the candidates and how to present it to the voter in a way that was meaningful and useful to a non-lawyer. But it also raised even more fundamental questions about the purpose of judicial elections and the role voters are meant to play in the process. This Article describes these challenges and questions, and then proposes my own initial solutions to them, in …