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Judges Commons™

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2021

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Institution
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Articles 271 - 274 of 274

Full-Text Articles in Judges

The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure Jan 2021

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 …

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Talking Back In Court, M. Eve Hanan Jan 2021

Talking Back In Court, M. Eve Hanan

Scholarly Works

No abstract provided.

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The Architecture Of Judicial Ethics, Charles G. Geyh Jan 2021

The Architecture Of Judicial Ethics, Charles G. Geyh

Articles by Maurer Faculty

In 1999, Professor Stephen Burbank wrote an article entitled The Architecture of Judicial Independence. It is a foundational piece that gave structure to what was then an understudied field. At the heart of that article is a profound insight: stable and enduring judicial systems are the product of forces in constructive tension. Thus, in the context of judicial administration, Burbank conceptualized judicial independence with reference to judicial accountability, and characterized pressure points in the relationship between them as complementary, not contradictory; and in later work, he made a similar point about the interplay between the law and policy in judicial …

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Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges, Penelope Andrews Jan 2021

Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges, Penelope Andrews

Articles & Chapters

This chapter will focus on the contribution of female judges to the transformation of the judiciary in South Africa and specifically the pursuit of gender equality. It is a limited project that will explore the impacts of women judges on constitutional jurisprudence and how the influence of women judges has interacted with the broader transformation of the judicial and political system in South Africa after apartheid. In examining the impact of women judges on constitutional jurisprudence with respect to gender equality, I explore whether women judges have, in their judgments, conscripted and interpreted the constitution to highlight and guarantee its …

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