Judges Commons^™

Research Report On Federal Agency Alj Hiring After Lucia And Executive Order 13843, Jack M. Beermann

Faculty Scholarship

This draft report examines federal agency hiring practices for administrative law judges ("ALJs"), who preside over formal agency hearings, in light of the Supreme Court's determination that ALJs are constitutional officers and President Trump's executive order to exempt ALJs from certain statutory competitive-service hiring requirements. The report also provides recommendations for best agency hiring practices. Professors Jack Beermann and Jennifer Mascott co-authored this initial draft report. After Professor Mascott stepped down from the Administrative Conference of the United States to work in the Department of Justice's Office of Legal Counsel, Professor Beermann edited the report and produced its final May …

Table Of Contents

The Judges' Book

No abstract provided.

Introduction, David Faigman

The Judges' Book

No abstract provided.

Civil Procedure: Personal Jurisdiction And Aggregation, Scott Dodson

The Judges' Book

No abstract provided.

Civil Procedure: Personal Jurisdiction And Aliens, Scott Dodson

The Judges' Book

No abstract provided.

Foreword, Brad R. Hill The Honorable

The Judges' Book

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Criminal Law: The Institutional Design Of Punishment, Aaron Rappaport

The Judges' Book

No abstract provided.

Public Lands: Are U.S. Public Lands Unconstitutional?, John D. Leshy

The Judges' Book

No abstract provided.

Tribute To Judge Robert Katzmann, Peter L. Markowitz

Articles

The article highlights Judge Robert Katzmann's transformative impact on immigrant access to legal counsel, particularly through the creation of the public defender system and the Immigrant Justice Corps. These initiatives have significantly improved outcomes for immigrants facing deportation, demonstrating the critical role of legal representation in ensuring justice. The programs have not only increased success rates for immigrants in court but also trained and retained a cadre of skilled immigration lawyers, setting a model for replication nationwide.

The “New” District Court Activism In Criminal Justice Reform, Jessica A. Roth

Articles

Historically, the debate over the judicial role has centered on the constitutional and administrative law decisions of the United States Supreme Court, with an occasional glance at the Federal Courts of Appeals. It has, moreover, been concerned solely with the “in-court” behavior of Article III appellate judges as they carry out their power and duty “to say what the law is” in the context of resolving “cases and controversies.” This Article seeks to deepen the discussion of the appropriate role of Article III judges by broadening it to trial, as well as appellate, judges; and by distinguishing between an Article …

An Incomplete Masterpiece, Chad Flanders, Sean Oliveira

All Faculty Scholarship

The recent wave of popular and academic commentary on Masterpiece Cakeshop sounded a common theme: disappointment, even frustration. Masterpiece was held out as a case that was finally going to explain and resolve the conflicts between free expression, free exercise, and discrimination that were coming up again and again in the lower courts. But Justice Kennedy, the critical consensus went, avoided reaching many of the main First Amendment issues in the case and had instead ruled narrowly, giving us a prime example of"judicial minimalism:•

This assessment may be far too generous. In our short Article, we make the case that …

Tribute To Judge Robert Katzmann, Lindsay Nash

Articles

So thanks to Nancy and to the NYU Annual Survey of American Law for the privilege to speak here about Judge Katzmann, who's been a personal mentor to me and a real source of inspiration about the good that one person, albeit an extraordinary person, can do.

Measuring Selection Bias In Publicly Available Judicial Opinions, Alexander A. Reinert

Articles

To have an informed discussion about judicial performance and efficiency, we will sometimes want to explore what judges actually do on an everyday level. But in many ways, courts have not always been paragons of transparency. Often the parties are the only people who are aware of what action a court has taken in a case.

This paper explores that dynamic, in the context of decisions made by federal trial courts at one particular procedural stage--decisions made on motions to dismiss for failure to state a claim--Rule 12(b)(6) motions. There is growing interest in the work of federal trial courts, …

Administrative Law: The Trouble With Counting, Jodi L. Short

The Judges' Book

No abstract provided.

Bankruptcy Law: Explaining Bankruptcy Forum Shopping, Jared A. Ellias

The Judges' Book

No abstract provided.

Corporate Law: Resolution Triggers For Systematically Important Financial Institutions, John Crawford

The Judges' Book

No abstract provided.

Evidence Law: Convictions Based On Circumstantial Evidence, Binyamin Blum

The Judges' Book

No abstract provided.

Health Law: Sb 17 And State Regulation Of Drug Pricing, Jaime S. King, Katherine L. Gudiksen

The Judges' Book

No abstract provided.

International Law: Explaining International Acts, Chimène I. Keitner

The Judges' Book

No abstract provided.

Constitutional Law: Funding Restrictions And Separation Of Powers, Zachary S. Price

The Judges' Book

No abstract provided.

Tax Law: Problems With Abandoning The Full-Deduction Rule, Manoj Viswanathan

The Judges' Book

No abstract provided.

Technology Law: Artificial Intelligence: Trust And Distrust, Robin C. Feldman

The Judges' Book

No abstract provided.

Immunization Law: Litigating Alternative Facts, Dorit Rubinstein Reiss

The Judges' Book

No abstract provided.

Political Dysfunction And Constitutional Structure, David Orentlicher

Scholarly Works

In this essay, Professor Orentlicher reviews three books that analyze different features of the U.S. political system:

1. Michelle Belco & Brandon Rottinghaus, The Dual Executive: Unilateral Orders in a Separated and Shared Power System (Stanford Univ. Press 2017).

2. Richard A. Posner, The Federal Judiciary: Strengths and Weaknesses (Harvard Univ. Press 2017).

3. Martin H. Redish, Judicial Independence and the American Constitution: A Democratic Paradox (Stanford Univ. Press 2017).

Considering Reconsidering Judicial Independence, Charles G. Geyh

Articles by Maurer Faculty

In Reconsidering Judicial Independence, Professor Stephen Burbank revisits the nature of the relationship between judicial independence and judicial accountability—a relationship that he has elucidated over the course of an illustrious career. As Burbank emphasizes, the continuing success of this dichotomy depends on preserving a balance between its halves. But forces generations in the making have led to a new assault on the independence of the judiciary in the age of Trump, which has put the future of the independence–accountability balance in doubt. The age-old rule-of-law paradigm, which posits that independent judges put aside their personal biases and follow the law, …

Appendix: Notable Faculty Scholarship In 2018

The Judges' Book

No abstract provided.

Judicial Ethics: A New Paradigm For A New Era, Charles G. Geyh

Articles by Maurer Faculty

As the preamble to the Model Code of Judicial Conduct indicates, traditional notions of judicial ethics operate within a rule of law paradigm, which posits that the "three I's" of judicial ethics-independence, impartiality, and integrity-enable judges to uphold the law. In recent decades, however, social science, public opinion, and political commentary suggest that appointed judges abuse their independence by disregarding the law and issuing rulings in accord with their biases and other extralegal impulses, while elected judges disregard the law and issue rulings popular with voters, all of which calls the future of the three I's and judicial ethics itself …