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Articles 241 - 270 of 274
Full-Text Articles in Judges
Filling Judge Flaum's Vacant Seventh Circuit Seat, Carl Tobias
Filling Judge Flaum's Vacant Seventh Circuit Seat, Carl Tobias
Law Faculty Publications
"On November 30, 2020, United States Court of Appeals for the Seventh Circuit Judge Joel Flaum assumed senior status after completing more than forty years in public service as one of the nation’s preeminent jurists. By then, Judge Flaum had compiled the longest active status tenure provided by a federal appellate court jurist, serving over practically thirty-eight years, six as chief judge of the prominent tribunal. On this day, the Senate also promptly resumed Congress’ lame duck session, which the upper chamber had begun after voters chose Joe Biden as President yet concomitantly appeared to retain a close Grand Old …
Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit
Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit
Faculty Journal Articles and Book Chapters
Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on the ABA Model Rule 8.4(g), which regulates professional misconduct, this article argues that ethics rules can, under certain conditions, offer an effective deterrent to exclusionary practices among legal actors. Part I examines the specific history, evolution, and application of revised ABA Model Rule 8.4(g). Part II delves into the ways that ethics rules in general, despite their …
Reform Through Resignation: Why Chief Justice Roberts Should Resign (In 2023), Scott P. Bloomberg
Reform Through Resignation: Why Chief Justice Roberts Should Resign (In 2023), Scott P. Bloomberg
Faculty Publications
Many proponents of reforming the Supreme Court have expressed support for adopting a system of eighteen-year staggered term limits. These proposals, however, are hobbled by constitutional constraints: Amending the Constitution to implement term limits is highly implausible and implementing term limits through statute is likely unconstitutional. This Essay offers an approach to implementing term limits that avoids these constitutional constraints. Just as President Washington was able to establish a de facto Presidential term limit by not seeking a third term in office, Chief Justice Roberts is uniquely positioned to establish a new norm of serving eighteen-year terms on the Court. …
Why Do The Poor Not Have A Constitutional Right To File Civil Claims In Court Under Their First Amendment Right To Petition The Government For A Redress Of Grievances?, Henry Rose
Seattle University Law Review
Since 1963, the United States Supreme Court has recognized a constitutional right for American groups, organizations, and persons to pursue civil litigation under the First Amendment right to petition the government for redress of grievances. However, in three cases involving poor plaintiffs decided by the Supreme Court in the early 1970s—Boddie v. Connecticut,2 United States v. Kras,3 and Ortwein v. Schwab4—the Supreme Court rejected arguments that all persons have a constitutional right to access courts to pursue their civil legal claims.5 In the latter two cases, Kras and Ortwein, the Supreme Court concluded that poor persons were properly barred from …
Assessing President Obama’S Appointment Of Women To The Federal Appellate Courts, Laura Moyer
Assessing President Obama’S Appointment Of Women To The Federal Appellate Courts, Laura Moyer
Faculty and Staff Scholarship
A major legacy of the Obama presidency was the mark he left on the federal courts with respect to increasing judicial diversity. In particular, President Obama’s appointments of women to the federal judiciary exceeded all previous presidents in terms of both absolute numbers and as a share of all judges; he also appointed a record-setting number of women of color to the lower federal courts. In this Article, I take an intersectional approach to exploring variation in the professional backgrounds, qualifications, and Senate confirmation experiences of Obama’s female appeals court appointees, comparing them with George W. Bush and Bill Clinton …
Introduction, David Faigman
Antitrust Law: Pharmaceutical “Pay For Delay” Reexamined, Robin Feldman
Antitrust Law: Pharmaceutical “Pay For Delay” Reexamined, Robin Feldman
The Judges' Book
No abstract provided.
Health Law: Vaccine Mandates: A Primer, Dorit Reiss
Health Law: Vaccine Mandates: A Primer, Dorit Reiss
The Judges' Book
No abstract provided.
Majestic Law And The Subjective Stop, Kyron J. Huigens
Majestic Law And The Subjective Stop, Kyron J. Huigens
Articles
Justice John Paul Stevens subscribed to "a majestic conception" of the Constitution. This Article articulates and defends that vision. Majestic law and legal reasoning characteristically involve frank moral reasoning, such as one finds in the Eighth Amendment's "evolving standards of decency" test for proportionate punishment, or in Due Process formulations such as an appeal to "immutable principles of justice, which inhere in the very idea of free government." Majestic law employs moral values, norms, and judgments in legal reasoning, taking them on their own terms. Majestic legal reasoning does not weigh revealed preferences for decency, for example. It asks whether …
Civil Procedure: The Zooming Of Federal Civil Litigation, Scott Dodson
Civil Procedure: The Zooming Of Federal Civil Litigation, Scott Dodson
The Judges' Book
No abstract provided.
Constitutional Law: Blockchain’S Challenge For The Fourth Amendment, Paul Belonick
Constitutional Law: Blockchain’S Challenge For The Fourth Amendment, Paul Belonick
The Judges' Book
No abstract provided.
Foreword, Nicholas G. Garaufis The Honorable
Bankruptcy: Bankruptcy Hardball, Jared Ellias
Employment Law: Proving Racial And Gender Bias Under Title Vii, Joan C. Williams
Employment Law: Proving Racial And Gender Bias Under Title Vii, Joan C. Williams
The Judges' Book
No abstract provided.
Health Law: Physician Aid In Dying And Assessment Of Patient Capacity, Lois A. Weithorn
Health Law: Physician Aid In Dying And Assessment Of Patient Capacity, Lois A. Weithorn
The Judges' Book
No abstract provided.
Corporate Law: Does Trados Matter?, Abraham J.B. Cable
Corporate Law: Does Trados Matter?, Abraham J.B. Cable
The Judges' Book
No abstract provided.
Intellectual Property: Naked Price & Pharmaceutical Trade Secret Overreach, Robin Feldman
Intellectual Property: Naked Price & Pharmaceutical Trade Secret Overreach, Robin Feldman
The Judges' Book
No abstract provided.
Tax: Exit Rights Triggered By Tax Law Changes, Heather M. Field
Tax: Exit Rights Triggered By Tax Law Changes, Heather M. Field
The Judges' Book
No abstract provided.
Rethinking "Political" Considerations In Investment, David H. Webber
Rethinking "Political" Considerations In Investment, David H. Webber
Faculty Scholarship
Five years ago, Professor David H. Webber was invited to deliver an address both to our Delaware Law School community and to the Delaware Bench and Bar as Visiting Scholar in Residence of Corporate and Business Law. Webber's Speech, "Rethinking 'Political' Considerations in Investment," made several predictions about the rise of politicized investment which were quite prescient. As relevant today as when it was delivered, this piece explores the consideration of investment factors outside the traditional realm of shareholder profit maximization, both in its current state and in the future. Webber's analysis of how investors balance the role of capital …
Trump V. Mazars Usa, Llp: The Case Of The Chief Justice And The Congressional Subpoenas, Rodger D. Citron
Trump V. Mazars Usa, Llp: The Case Of The Chief Justice And The Congressional Subpoenas, Rodger D. Citron
Scholarly Works
No abstract provided.
Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy
Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
Scholarly Works
No abstract provided.
Rbg And Gender Discrimination, Eileen Kaufman
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
Deep Tracks: Album Cuts That Help Define The Essential Scalia, Gary S. Lawson
Deep Tracks: Album Cuts That Help Define The Essential Scalia, Gary S. Lawson
Faculty Scholarship
Jeff Sutton and Ed Whelan have collected some of Justice Scalia’s “greatest hits” in a volume entitled The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. The book is an excellent introduction to the jurisprudential thought and literary style of one of the most influential legal thinkers—and legal writers—in modern times. As with any “greatest hits” compilation, however, there are inevitably going to be key “album cuts” for which there will not be space. This essay seeks to supplement Sutton and Whelan’s invaluable efforts by surveying three of those “deep tracks” that shed particular light on …
Prospective Overruling Unravelled, Samuel Beswick
Prospective Overruling Unravelled, Samuel Beswick
All Faculty Publications
Judges have a dual role: they decide cases and they determine the law. These functions are conventionally understood to be intertwined: adjudication leads to case law, and disputes over judge-made laws lead to adjudication. Because judgments involve the resolution of past disputes, judge-made law is retrospective. The retrospective nature of judicial law-making can seem to work an injustice in hard cases. It appears unfair and inefficient for novel judicial decisions to apply to conduct occurring prior to the date judgment is handed down. A proposed solution is to separate the law-making and adjudicatory functions of courts. This is the technique …
Judicial Independence At Twilight, Charles G. Geyh
Judicial Independence At Twilight, Charles G. Geyh
Articles by Maurer Faculty
Judicial independence is a fixture of American government, but its structure has never been fully understood. As long as the federal judiciary has survived episodic attacks with its independence intact, there has been no pressing need to know how or why. But a confluence of cyclical, sustained, and sudden developments now threatens the federal judiciary’s autonomy in arguably unprecedented ways and demands a more comprehensive analysis of judicial independence and its vulnerabilities. This article begins by reconceptualizing the structure of judicial independence in three tiers. At the apex is an ancient, Rule of Law Paradigm, which proceeds from the premise …
Evidence: Evidence Of Memory From Brain Data, Emily Murphy
Evidence: Evidence Of Memory From Brain Data, Emily Murphy
The Judges' Book
No abstract provided.
The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure
The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure
Scholarly Works
This article reports the findings of an empirical study of textualism as applied by federal judges interpreting the statute that permits removal of diversity cases from state to federal court. The “snap removal” provision in the statute is particularly interesting because its application forces judges into one of two interpretive camps—which are fairly extreme versions of textualism and purposivism, respectively. We studied characteristics of cases and judges to find predictors of textualist outcomes. In this article we offer a narrative discussion of key variables and we detail the results of our logistic regression analysis. The most salient predictive variable was …
Talking Back In Court, M. Eve Hanan