Judges Commons^™

L’Indépendance De La Justice : Une Question De Moralité Des Juges ?, Myriam Mehanna

Proche-Orient, Études juridiques

Defining and measuring the concept of judicial independence, often a source of contradictions, is crucial to ensure that the reform of the judicial system genuinely leads to the protection of the independence of judges and justice. This article puts forward three essential points: 1. Judicial independence is a measurable concept based on a set of specific guarantees; 2. It is also a complex concept, encompassing multiple facets that must be protected simultaneously; 3. Ultimately, it stems from legislative (and possibly constitutional) recognition of these complementary guarantees rather than from a moralizing discourse imposed on judges.

The Plight Of Workers: Alj Independence In Arkansas Workers’ Compensation, P. Brock Hatfield

Indiana Law Journal

“Unfortunately, many of the changes made by this act were necessary because administrative law judges, the Workers’ Compensation Commission, and the Arkansas courts have continually broadened the scope and eroded the purpose of the workers’ compensation statutes of this state. . . . In the future, if [changes must be made to Arkansas workers’ compensation law], those things shall be addressed by the General Assembly and should not be done by administrative law judges, the Workers’ Compensation Commission, or the courts.”¹It would be hard to imagine a blunter statement of purpose to undermine the independence of administrative law …

Law School News: Isiah Dipina L'27: From Personal Experience To Policy Change 3-26-2026, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

Law School News: From Textbooks To Truth: A Civil Rights Journey 3-23-2026, Naomi Zhang

Life of the Law School (1993- )

No abstract provided.

Reimagining Self-Regulation In Sexual Misconduct Complaints: Trust Through Transfer, Allyson M. Mcbride

Indiana Journal of Law and Social Equality

To increase trust in the judiciary’s ability to self-regulate, any formal complaints about a judge should not be handled by a colleague down the hall, but a judge from a different circuit. In this Comment, I propose automatic transfer out of circuit to improve the handling of sexual misconduct complaints specifically. I first describe the different ways judicial conduct is regulated in the federal system. I then discuss the problem of sexual misconduct in the judiciary. Finally, I outline why it is problematic for judges to adjudicate complaints about their intra-circuit colleagues and recommend that all complaints be automatically transferred …

Judicial Ethics, The Supreme Court, And The Rule Of Law, Charles G. Geyh

Articles by Maurer Faculty

This Essay begins with a short history of judicial ethics regulation in the United States, ending with the adoption of codes of conduct by every state and federal judicial system except the Supreme Court of the United States. It then turns to a series of ethics controversies encircling the Supreme Court and its justices, which culminated in the Supreme Court adopting a Code of Conduct in 2023. Tapping into the social science literature, it argues that for codes to improve the ethical climate of an institution they must encourage psychological ownership of and “buy-in” to a code by those subject …

In Ohio, How Old Is Too Old To Be A Judge?, Patrick Fischer

University of Cincinnati Law Review

People are getting older, and so is our judiciary. This Article examines various questions that accompany an aging judiciary: as jurists get older, can they still keep up with the job’s demands? How is the public’s confidence affected when they see increasingly older judges? Are there practical or constitutional considerations with an aging judiciary? In response to these concerns, many states have imposed mandatory retirement ages. But is this the best way to handle these concerns?

This Article begins with a brief discussion of the history of age limitations on the judiciary and some of the concerns that have accompanied …

Maine's Judicial Machinery At The Crossroads, Armand A. Dufresne Jr.

Maine Law Review

There is really no such thing as "a court"; in modem society, at least, there is only something which may be called a court system. Even that designation, however, may be a misnomer; a court system is really no more than a group of people, judges, clerks, lawyers, bailiffs, and so forth, tied together by certain functional arrangements. Even the finest institutional organization for a court system will produce delay and injustice if it is not staffed by competent people. Conversely, the most competent and dedicated people cannot produce satisfactory results from an institutional arrangement which does not permit them …

The Law Of Disqualification And Problems With The Supreme Court Code Of Conduct, Donald K. Sherman, Marco A. White, Virginia Canter

Fordham Law Voting Rights and Democracy Forum

In this Article, we analyze the federal disqualification statute applicable to federal judges, magistrates, and Justices of the Supreme Court as compared to the disqualification provisions of the United States Supreme Court Code of Conduct and detail the ways in which the standards contained within the Code are contrary to law and history. To provide proper context, we examine the history, case law, and statutory framework that have created the current standards of judicial disqualification for all Article III judges and Justices. We demonstrate that the Court is bound to apply disqualification procedures in accordance with the United States Constitution, …

Put Me In, Coach: Constitutional Concerns Of Judicial Activism And Legislating From The Bench, Jacob M. Elliott

Senior Honors Theses

Unrestrained judicial activism and legislating from the bench at the Supreme Court level place federalism and freedom in jeopardy. By ignoring crucial doctrines like jurisdiction, deference, and independence, the Supreme Court has demonstrated a tendency toward reinterpreting existing Constitutional precedent as they see fit, basing judgments on extra-legal influences, and supplanting Constitutional principles with their own personal policy preferences.

Numerous cases demonstrate the looming threat of judicial overreach; these cases are often considered some of the most damaging and injurious decisions in the history of the American federal judiciary. One potential solution is to appoint justices who will operate …

Art. Iii-Gpt, Nick Mckinley

Catholic University Journal of Law and Technology

This article recommends the development and deployment of an Artificial Intelligence (AI) large language model (LLM) tool by and for the federal judiciary. LLMs are revolutionizing legal practice, and judges should accordingly be familiar and in regular practice with LLM technology. LLMs can greatly assist the courts by increasing operational efficiency and public access to justice. Particularly, LLMs can improve efficiency in legal research, legal writing, and administration. LLMs present limitations or potential problems in the form of prompt dependency and harmful bias, limitations of data in their training sets, privacy and confidentiality, and the production of false or fabricated …

Roger Williams University 2024 President's Report: A Message From President Miaoulis, Roger Williams University

Life of the Law School (1993- )

No abstract provided.

Rwu School Of Law Social Justice Camp, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

A Botched Procedure For Removing A High Court Judge: A Critique Of Joshua Ndipyola Banda V Attorney General 2022/Ccz/0010, O'Brien Kaaba

SAIPAR Case Review

The judiciary performs a key role in implementing the constitution and safeguarding constitutional order. Democracy cannot thrive when the judiciary is pliant. An independent judiciary is fundamental to constitutional democracy. Not only should judges be appointed in a transparent and credible manner, but their removal should insulate the judiciary from potential reprisals. Certainly, incompetent, and professionally unfit judges should have no place in the judiciary and judges who grossly misconduct themselves should be held accountable and in extreme cases, must be removed from office. However, how judges are removed has an impact on the autonomy of the judiciary. If the …

Law School News: Melissa Dubose L'04 Confirmed To Federal District Court 3-12-2024, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Judicial Libraries As Predictors For Effective Administration Of Justice In Nigeria, Emmanuel Owushi

Library Philosophy and Practice (e-journal)

The study examined judicial libraries as predictors for effective administration of justice in Nigeria. The population involved all legal practitioners and legal educators in Nigeria. 4000 respondents were sampled. Due to unavailability of the population at the time of the study, the adopted convenience sampling technique to sample 4000 respondents across legal professional bodies in Nigeria. A structured questionnaire titled ‘Use of Judicial Library and Administration of Justice Scale’ was used for data collection. The questionnaire was structured with the 4-point Likert scale response style, designed on Google form and distributed to the respondents via various social media platforms. A …

The Play’S The Thing: A Response To Judge Benjamin Beaton, Aaron J. Walayat

Pepperdine Law Review

In a recent speech, later published as an essay, the Hon. Benjamin Beaton of the United States District Court for the Western District of Kentucky shared his critical suggestions against the use of the honorific “Your Honor,” preferring instead the more neutral title “judge.” Judge Beaton’s reason for this preference stems from a fear that the current practice of judicial titles emphasizes status over function, which may inflate the individual judge’s ego while miscommunicating to the public that judges make, rather than find, law. This position, however, is misguided. Judicial titles emphasize the authority of the law through the authority …

Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Judging The Judiciary, Amanda B. Hurst

Georgia State University Law Review

Judicial legitimacy not only depends on judges maintaining the high ethical standards imposed on them but also on the public believing judges will be held accountable when they break the rules. However, judges are often viewed as “getting away with it.” This Article focuses on how to improve this problematic perception of state judicial discipline systems (JDSs). Part of the answer is more exposure, including a social media presence, for judicial discipline commissions (JDCs), the bodies in each state responsible for resolving misconduct complaints and recommending or imposing sanctions, because the public and media have a similar flawed understanding of …

U.S. Judiciary Syllabus: True True Crime Zines, Jason Leggett

Open Educational Resources

An experimental, open education syllabus for a pilot zero textbook cost course, U.S. Judiciary using zines and true crime.

All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne

Journal of the National Association of Administrative Law Judiciary

After an introduction and explanation of bias in Part I, Part II of this article explores the issue of bias and the underlying factors that configure bias, such as attitude, stereotype, and prejudice. Part II also examines the two principal types of bias, explicit bias and implicit bias, and defines common subsets of bias, such as gender bias. Part III presents implicit bias as an unconscious, utilitarian, and neuroscientific mechanism. Part III examines the neuroscience of decision-making and the neural structures that influence and regulate decision-making processes. Part III also discusses emotion as an underpinning to decision-making and the role …

Tracing The Roots Of A Poisonous Tree: On The Origins And Impact Of Criminal Terminology In A Civil Apprehension Scheme, Shani Mahiri King, Nicole Silvestri Hall

Articles (Current Faculty)

Language is powerful. It can affect how we think about and treat groups of people. Poor language choices have a massive impact on immigration law, an area of the law that determines how groups of perceived “outsiders” are classified and regulated. Language and bias in judicial opinions have been studied, but less research has been done on poor language choices in immigration statutes.

This Comment focuses on the harmful effects of poor language choices in immigration statutes, including the criminal terminology “arrest” and “warrant” in civil immigration apprehension statutes 8 U.S.C. Sections 1226 and 1357. Two fundamental problems arise when …

Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler

Indiana Law Journal

Those committed to addressing the political, economic, and moral crises of the day— voting rights, racial justice, reproductive autonomy, gaping inequality, LGBTQ rights, and public health and safety—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike down agency rules and orders. State pathways, in turn, are compromised by limited capacity, collective action problems, externalities, scant economies of scale, and—in many jurisdictions—a toxic political culture hostile to even the most anodyne government interventions. Recognizing the limited options available on a binary (that is, federal or state) …

Hearing The Voice Of The Woman Judge: Diversity, Equality, And Participation, Rachel Cahill-O'Callaghan, Pauline Roberts

Dickinson Law Review (2017-Present)

The UK has not achieved the judicial diversity of other common law jurisdictions. Whilst there is some success in the lower courts, few women judges have ever sat on the UK Supreme Court bench. It has long been argued that diversity enhances decision making, and the presence of women judges enhances the decision-making process. But this can only occur if women are appointed to the bench and supported to participate fully. Drawing on the theoretical framework developed by Sandra Fredman and the UK equality legislation, this Article explores how the structures and processes of the Supreme Court limit substantive equality …

Promoting Women’S Advancement In The Judiciary In The Midst Of Backlash: A Comparative Analysis Of Representation And Jurisprudence In Key Domestic And International Fora, Shruti Rana

Dickinson Law Review (2017-Present)

Women’s advancement in the judiciary of the United States has been slow and uneven, and has long lagged behind other nations. Parity in representation remains distant, and the gains to date vulnerable to changes in administrations and fluctuating levels of state commitment to gender equality, with the recent global backlash to gender equality and international norms and institutions providing a critical example of this fragility. In this light, this Article argues that gender parity in the judiciary should not be viewed as merely a laudable goal. Rather, representation and parity should be viewed as fundamental state legal obligations under international …

Just Choices? Judicial Selection, Ideology, And Partisanship In The Ohio Supreme Court, Margo D'Agostino

Undergraduate Honors Thesis Projects

This thesis joins the conversation on judicial selection and impacts on judicial ideology. This is a multifaceted question that engages with the history of judicial selection, differences between states, growing polarization and partisanship, and an influx in campaign spending that can all influence Justices’ behavior while on the bench. While other theorists have used more quantitative or statistical analytics, more research is still needed on the nuanced and qualitative questions surrounding the judiciary in the United States, especially on the state level. I look at three Ohio Supreme Court Justices—Maureen O’Connor, Jennifer Brunner, and Sharon Kennedy—and decisions they have penned …

White Supremacy From The Bench, Vida B. Johnson

Lewis & Clark Law Review

Judges make important decisions in millions of cases a year across the country. Unlike other institutional players and unlike parties and their attorneys, judges are the only players in our adversarial legal system that are by design ostensibly neutral, impartial, and without bias.

Unfortunately, that legal fiction is not fact. Some judges do hold racial biases. A judge in Texas used racial slurs to describe Mexicans in his state in 2020. Also in 2020, a white judge in Louisiana referred to a deputy and a court clerk by the N-word, and the same year, a white Colorado judge also used …

Views Of The Irish Judiciary On Technology In Courts: Results Of A Survey, Brian M. Barry Dr, Rónán Kennedy Dr

Articles

Technology continues to transform how judges perform their functions, both in Ireland and elsewhere. This article reports the results of a survey of Irish judges on their use of technology in their role, their attitudes towards technology, and their views on how it impacts on the judicial function. The survey, part of a global survey, found that Irish judges habitually used digital technologies, and were broadly satisfied with the technology available in chambers, but less so with what was provided in courtrooms. Although generally happy to embrace change, the majority of respondents were concerned with, and did not prefer, online …

A Mixed Bag: Critical Reflections On The Revised Ethical Principles For Judges, Richard Devlin, Jula Hughes, Pooja Parmar, Stephen Ga Pitel, Amy Salyzyn

Articles, Book Chapters, & Popular Press

In 2021 the Canadian Judicial Council completed a multi-year review and update of Ethical Principles for Judges (EPJ), the ethical and professional guidance for all federally-appointed judges in Canada. The revisions address issues such as case management and settlement conferences, technological competence and the use of social media, interactions with self-represented litigants, professional development for judges, confidentiality, and the return of former judges to the practice of law. In this article, five directors of the Canadian Association for Legal Ethics/Association canadienne pour l’éthique juridique analyze the revised EPJ and offer their observations.

The article covers five important topics. On impartiality, …

How Biden Could Keep Filling The Federal Circuit Court Vacancies, Carl Tobias

Washington and Lee Law Review Online

In October 2020, Democratic presidential nominee Joe Biden speculated that the fifty-four talented, extremely conservative, and exceptionally young, appellate court judges whom then-President Donald Trump and two relatively similar Grand Old Party (GOP) Senate majorities appointed had left the federal appeals courts “out of whack.” Problematic were the many deleterious ways in which Trump and both of the upper chamber majorities in the 115th and 116th Senate undermined the courts of appeals, which are the courts of last resort for practically all lawsuits, because the United States Supreme Court hears so few appeals. The nomination and confirmation processes which Trump …