Open Access. Powered by Scholars. Published by Universities.®

Judges Commons™

Open Access. Powered by Scholars. Published by Universities.®

Judge

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 121 - 150 of 190

Full-Text Articles in Judges

Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein May 2014

Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein

Touro Law Review

No abstract provided.


The Influence Of A Jewish Education And Jewish Values On A Jewish Judge, Alvin K. Hellerstein Oct 2013

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

Touro Law Review

No abstract provided.


Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi Apr 2013

Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi

Journal of the National Association of Administrative Law Judiciary

This essay addresses how ALJ final order authority in many state systems of administrative governance (among them Florida, Louisiana, Missouri, and South Carolina) poses a tension between independence and accountability. It is argued that political accountability is sacrificed where reviewing courts defer to ALJ final orders on issues of law and policy. Standards of review provide state courts with a way of restoring the balance between independence and accountability, but reviewing courts should heighten the deference they give to the agency's legal and policy positions -- giving little or no deference to the ALJ on these issues -- even where …


In Memoriam: The Honorable Harry L. Carrico, Hon. John A. Gibney Jr., Wendy C. Perdue, John G. Douglass, William G. Broaddus, Victoria A.B. Willis Mar 2013

In Memoriam: The Honorable Harry L. Carrico, Hon. John A. Gibney Jr., Wendy C. Perdue, John G. Douglass, William G. Broaddus, Victoria A.B. Willis

University of Richmond Law Review

No abstract provided.


Plain Talk About Plea Bargaining, Harry A. Ackley Feb 2013

Plain Talk About Plea Bargaining, Harry A. Ackley

Pepperdine Law Review

No abstract provided.


Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner Jan 2013

Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.


The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland Nov 2012

The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland

Pepperdine Law Review

No abstract provided.


Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso Nov 2012

Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso

Pepperdine Law Review

No abstract provided.


Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling Nov 2012

Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling

Pepperdine Law Review

No abstract provided.


The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff Jul 2012

The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff

Pepperdine Law Review

No abstract provided.


"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael Gerhardt, Richard Painter May 2012

"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael Gerhardt, Richard Painter

University of Richmond Law Review

No abstract provided.


Filling The Judicial Vacancies In A Presidential Election Year, Carl Tobias May 2012

Filling The Judicial Vacancies In A Presidential Election Year, Carl Tobias

University of Richmond Law Review

No abstract provided.


Saluting Judge Philip Pro's Quarter Century Of Nevada District Service, Carl W. Tobias Jan 2012

Saluting Judge Philip Pro's Quarter Century Of Nevada District Service, Carl W. Tobias

Law Faculty Publications

United States District Judge Philip M. Pro recently assumed senior status after more than two dozen years of exemplary service-five as chief judge-on the U.S. District Court for the District of Nevada, the federal trial court that serves the entire state of Nevada. Everyone who knows Judge Pro understands that senior status will not mean semi-retirement for him because he will continue devoting his tremendous energy to assuring that the District of Nevada promptly, inexpensively, and fairly resolves the myriad challenging cases on its docket.


“Testing” Fuller’S Forms And Limits: A Brief Response To Oldfather, Bockhorst, & Dimmer, Scott R. Bauries Jan 2012

“Testing” Fuller’S Forms And Limits: A Brief Response To Oldfather, Bockhorst, & Dimmer, Scott R. Bauries

Law Faculty Scholarly Articles

In Triangulating Judicial Responsiveness, Chad Oldfather, Joseph Bockhorst, and Brian Dimmer give us a methodology by which we can empirically assess (among other things) the effects that argumentation has on judicial decision making. Unlike the vast majority of empirical legal scholarship of judging, the authors do not use this methodology in their current study to compare “legalist” explanations of judging with “realist” explanations of judging. Rather, the study operates almost entirely within the “legalist” frame. This is a welcome development for many reasons, one on which this Response focuses—the authors’ methodology illustrates a way of scientifically “testing” descriptive legal …


Modeling The Congressional End-Run Constraint, Luke M. Milligan Mar 2011

Modeling The Congressional End-Run Constraint, Luke M. Milligan

University of Richmond Law Review

No abstract provided.


Making Stuff Up, Richard H. Underwood Jul 2010

Making Stuff Up, Richard H. Underwood

Law Faculty Scholarly Articles

Beginning with an article in this Journal almost thirty years ago, Professor Underwood continues to research and write about legal ethics and litigation. In this Commentary, he offers a witty look at several cases where, in his opinion, the judge allowed improper arguments to the jury.


Improving Federal Judicial Selection, Carl Tobias May 2010

Improving Federal Judicial Selection, Carl Tobias

University of Richmond Law Review

Part I descriptively analyzes the volume. Part II evaluates the many insights Wittes contributes to readers' appreciation of contemporary federal judicial selection. Part III details numerous recommendations.


Unmasking Judicial Extremism, Carl Tobias May 2009

Unmasking Judicial Extremism, Carl Tobias

University of Richmond Law Review

No abstract provided.


United States V. Leveto, Jennifer Steward Jan 2009

United States V. Leveto, Jennifer Steward

NYLS Law Review

No abstract provided.


A New (And Better) Interpretation Of Holmes's Prediction Theory Of Law, Anthony D'Amato Jan 2008

A New (And Better) Interpretation Of Holmes's Prediction Theory Of Law, Anthony D'Amato

Faculty Working Papers

Holmes's famous 1897 theory that law is a prediction of what courts will do in fact slowly changed the way law schools taught law until, by the mid-1920s legal realism took over the curriculum. The legal realists argued that judges decide cases on all kinds of objective and subjective reasons including precedents. If law schools wanted to train future lawyers to be effective, they should be exposed to collateral subjects that might influence judges: law and society, law and literature, and so forth. But the standard interpretation has been a huge mistake. It treats law as analogous to weather forecasting: …


A Tribute To Hon. George Bundy Smith -- A Good Lawyer, Mark Alcott Jan 2007

A Tribute To Hon. George Bundy Smith -- A Good Lawyer, Mark Alcott

Fordham Urban Law Journal

Speech given in tribute to George Bundy Smith, including discussion of his contributions to Fordham Law activities, volunteer organizations, and for the New York State Bar Association, in addition to his work as a writer, teacher, and family member.


A Tribute To Hon. George Bundy Smith -- Excellence, Sandra Jefferson Grannum Jan 2007

A Tribute To Hon. George Bundy Smith -- Excellence, Sandra Jefferson Grannum

Fordham Urban Law Journal

A tribute to George Bundy Smith, focusing on his commitment to excellence as a teacher, mentor, and professional.


A Tribute To Hon. George Bundy Smith -- Leadership, Fern Fisher Jan 2007

A Tribute To Hon. George Bundy Smith -- Leadership, Fern Fisher

Fordham Urban Law Journal

A tribute to George Bundy Smith, highlighting his commitment to social justice.


A Tribute To Hon. George Bundy Smith, William Michael Treanor Jan 2007

A Tribute To Hon. George Bundy Smith, William Michael Treanor

Fordham Urban Law Journal

Opening remarks at ceremony honoring Judge George Bundy Smith, including anecdotes from past students, an overview of Judge Smith's career and accomplishments, and a recognition of distinguished guests in the audience.


A Tribute To Hon. George Bundy Smith -- Colleague, Teacher, And Friend, Judith S. Kaye Jan 2007

A Tribute To Hon. George Bundy Smith -- Colleague, Teacher, And Friend, Judith S. Kaye

Fordham Urban Law Journal

A tribute to Judge George Bundy Smith, discussing his work ethic both as a judge, professor, and mentor, his principles as a jurist, and his personal qualities.


A Tribute To Hon. George Bundy Smith -- A Remarkable Jurist And A Remarkable Man, Cornett Lewers Jan 2007

A Tribute To Hon. George Bundy Smith -- A Remarkable Jurist And A Remarkable Man, Cornett Lewers

Fordham Urban Law Journal

A tribute to George Bundy Smith, emphasizing his contributions to The Metropolitan Black Bar Association and the Metropolitan Black Bar Scholarship Fund, as well as his past work as a civil rights protester, and an accomplished jurist.


Some Reflections On The Symposium: Judging, The Classical Legal Paradigm And The Possible Contributions Of Science, Christina E. Wells Oct 2005

Some Reflections On The Symposium: Judging, The Classical Legal Paradigm And The Possible Contributions Of Science, Christina E. Wells

Faculty Publications

One theme running through the many excellent contributions to this symposium involves the myriad influences on judicial decision-making. As Professor Wrightsman notes, Supreme Court Justices' personal characteristics may affect their ability to influence colleagues and, consequently, the outcome of Supreme Court decisions. Professor Ruger observes that judges have both attitudinal and jurisprudential preferences that may change over time, affecting legal outcomes differently as time passes. Professor Sisk similarly notes that judges' personal values and experiences influence their decision-making. These observations are consistent with those of numerous other scholars, who find wide-ranging and diverse influences on the judicial resolution of legal …


Foreword - Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Christina E. Wells, Martha Dragich Oct 2005

Foreword - Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers , Christina E. Wells, Martha Dragich

Faculty Publications

Justice Blackmun's papers were opened to the public on March 4, 2004, the fifth anniversary of his death. Held in the Manuscript Division of the Library of Congress, the collection includes over half a million items, many handwritten by Justice Blackmun. Anyone can read them. For legal scholars, this kind of research can only be described as exhilarating and many of the articles in this symposium draw on research from Justice Blackmun's papers. For the public, the release comes at a time when the interest in judges is particularly acute.


O'Connor Retirement Creates “High Drama,” Says Illinois Wesleyan Political Scientist, University Communications, Illinois Wesleyan University Jul 2005

O'Connor Retirement Creates “High Drama,” Says Illinois Wesleyan Political Scientist, University Communications, Illinois Wesleyan University

News and Events (Discontinued Series)

No abstract provided.


A Brief Look At Broward County Lawyers’ And Judges’ Attitudes Toward Plea Bargaining As A Tool Of Courtroom Efficiency, Mohammad A. Faruqui Mar 2005

A Brief Look At Broward County Lawyers’ And Judges’ Attitudes Toward Plea Bargaining As A Tool Of Courtroom Efficiency, Mohammad A. Faruqui

ExpressO

Even the most rigidly ideological prosecutors acknowledge that they need to plea out most of the less serious criminal charges to ensure justice without incurring an unmanageable backlog of cases. But what do most criminal lawyers and judges think about the plea arrangment system? Is it fair to defendants? Do lawyers use plea bargains to better serve their clients by finding the best deal, or do they use plea bargains to cut their case load for what some call "garbage cases?" This paper surveys a small sample to see how 21st century Broward County criminal lawyers feel about the plea …