Judges Commons^™

Acknowledgments, So Ra Ko

University of Richmond Law Review

I present the last book of Volume 53, the last in a series of four print issues the University of Richmond Law Review publishes throughout the academic year. Our publications would not have been possible without those who generously dedicated their time to this organization. As those before me, I take these first few pages of this final book to offer my gratitude to those who have contributed to the successes of the Law Review.

Making The Invisible Visible: Exploring Implicit Bias, Judicial Diversity, And The Bench Trial, Melissa L. Breger

University of Richmond Law Review

All people harbor implicit biases—which by definition, are not always consciously recognized. Although trial judges are specifically trained to compartmentalize and shield their decisions from their own biases, implicit biases nonetheless seep into judicial decision making. This article explores various strategies to decrease implicit bias in bench trials. Questions are then raised about whether a judge who has faced bias personally would be more amenable and more open to curbing implicit bias professionally. Ultimately, does diversifying the trial court judiciary minimize implicit bias, while also creating a varied, multidimensional judicial voice comprised of multiple perspectives? This article will explore this …

Improving Lawyers’ Health By Addressing The Impact Of Adverse Childhood Experiences, Karen Oehme, Nat Stern

University of Richmond Law Review

Although the legal profession has recognized the importance of improving attorneys’ mental health, it has largely ignored recent social and scientific research on how adverse childhood experiences (“ACEs”) can harm attorneys’ long-term well-being. This article reviews the science of ACEs and argues that law schools and the legal profession should educate law students and attorneys about the impact of prior trauma on behavioral health. Without such education, law schools and the legal system are missing a crucial opportunity to help lawyers prevent and alleviate the maladaptive coping mechanisms that are associated with ACEs. Until such knowledge is widespread, many lawyers …

Table Of Contents

University of Richmond Law Review

No abstract provided.

Life, Liberty, And The Pursuit Of Paid Parental Leave: How The United States Has Disadvantaged Working Families, Kate Miceli

University of Richmond Law Review

This article argues the critical need for the United States to pass a comprehensive paid parental leave program, specifically, the FAMILY Act, to support all families’ financial and caregiving needs and eliminate gender bias in the workplace. First, this article explains the current state of federal parental leave in the United States. Next, it details what an ideal parental leave policy should look like. Finally, it explores current paid parental leave options on the state level as well as proposed federal legislation.

Statutory Interpretation, Administrative Deference, And The Law Of Stare Decisis, Randy J. Kozel

Journal Articles

This Article examines three facets of the relationship between statutory interpretation and the law of stare decisis: judicial interpretation, administrative interpretation, and interpretive methodology. In analyzing these issues, I emphasize the role of stare decisis in pursuing balance between past and present. That role admits of no distinction between statutory and constitutional decisions, calling into question the practice of giving superstrong deference to judicial interpretations of statutes. The pursuit of balance also suggests that one Supreme Court cannot bind future Justices to a wide-ranging interpretive methodology. As for rules requiring deference to administrative interpretations of statutes and regulations, they are …

Law Library Blog (May 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz

Politics Honors Papers

Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to …

First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: National Admiralty Champs! April 4, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Reshaping American Jurisprudence In The Trump Era - The Rise Of Originalist Judges, Jeffrey F. Addicott

Faculty Articles

One of the factors that is often cited as a key reason why President Donald J. Trump was elected as the forty-fifth president, was his pledge to the American people to "make America great again" by appointing "conservative judges" to the bench, particularly when it came to filling any vacancies that might open on the United States Supreme Court. Since the never ending fight for securing an ideological majority on the Supreme Court is always viewed with great concern by both political parties, many wondered whether then candidate Trump was simply telling potential voters what they wanted to hear, or …

The Power Of A Mentor, Marshall L. Davidson Iii

The Journal of Appellate Practice and Process

No abstract provided.

Dedication To Judge Arthur Recht, Blair Wessels

West Virginia Law Review

No abstract provided.

Out Of Many, One: Discovering The Shared Statutory Speech Community Through Corpus Linguistics, Justin A. Miller

BYU Law Review

No abstract provided.

Enlarged Panels In The Court Of Appeal Of Singapore, Kwan Ho Lau

Research Collection Yong Pung How School Of Law

For many years the Court of Appeal of Singaporegenerally sat with no more than three judges to hear cases. Since 2014, however, quintets have increasingly been constituted in that court. This articleconsiders the recent practice in Singapore and, drawing on comparisons with theposition in some other Commonwealth jurisdictions, offers a few thoughts on its possible operation in the future.

The Past And The Present: Stare Decisis In Wisconsin Law, Daniel R. Suhr, Kevin Leroy

Marquette Law Review

None

The Opportunity And The Danger Of The New Urban Migration, Richard Sander

University of Richmond Law Review

Twenty-first century America is witnessing a broad and unprecedented migration of middle- and upper-middle class families to old, dense, and often low-income urban neighborhoods. This “new urban migration” has the potential to create wholly gentrified neighborhoods that displace existing residents, or to engender racially and economically integrated neighborhoods that strengthen both neighborhoods and central cities. I argue that valuable lessons can be learned from the 1970s, when another large intraurban migration—the vast metropolitan movement of black households into white neighborhoods that followed passage of the Fair Housing Act—produced patterns of resegregation in many cities, but genuine housing integration in others. …

A New Home For Haters—Online Home Sharing Platforms: A Look At The Applicability Of The Fair Housing Act To Home Shares, Allison K. Bethel

University of Richmond Law Review

In 2018, we celebrated the fiftieth anniversary of the Fair Housing Act which outlawed discrimination in residential transactions. When the FHA was passed, the home search process was very different. Fifty years ago, most people searched for housing by viewing listings in newspapers and other printed publications or perhaps used a realtor. Today, most people use the internet to search for housing. Home sharing, where all or part of a home is rented on a short-term basis, has become very popular since 2008 when Airbnb entered the market. It has become a multimillion-dollar business and proponents see great potential in …

Racism Knocking At The Door: The Use Of Criminal Background Checks In Rental Housing, Valerie Schneider

University of Richmond Law Review

One of the harshest collateral consequences of an arrest or conviction is the impact a criminal record can have on one’s ability to secure housing. Because racial bias permeates every aspect of the criminal justice system as well as the housing market, this collateral consequence—the inability to find a place to live after an arrest or conviction—disproportionately affects minorities.

In 2016, after decades of appearing to encourage local public housing providers to adopt harsh policies barring applicants with criminal records, the Office of General Counsel for the United States Department of Housing and Urban Development (“HUD”) issued guidance instructing public …

Coordinated Action On School And Housing Integration: The Role Of State Government, Megan Haberle, Philip Tegeler

University of Richmond Law Review

In this essay, we assess the prospects for more coordinated government efforts to address housing and school segregation at the federal, state and local level. We conclude that multiple barriers to concerted action at the federal and local level, particularly to addressing racial and economic segregation across local boundaries, suggest a more central role for state governments than has previously been the case. State-level laws and programs can succeed as drivers of integration in a way that is distinct from either federal or local interventions, because of the state’s direct control over the key policies that drive modern school and …

Fifty Years Of Fair Housing: Learning From The Past, Looking To The Future, Douglas Wilder

University of Richmond Law Review

I think sometimes you need to wonder where we were in 1968. It wasn’t just the Fair Housing Act that was passed in 1968. What happened in 1968? George Wallace was running for president. Hubert Humphrey was running for president, and Richard Nixon as well. It wasn’t just the assassination of Dr. King, we also had the assassination of Robert Kennedy. We likewise had the Vietnam War, and America was a mess. We had something else occurring in 1968. That was the Kerner Commission Report, that Dr. Crutcher mentioned had been instrumental in the fair housing bill. And they made …

Table Of Contents

University of Richmond Law Review

No abstract provided.

Fair Housing Act At Fifty, Sara Pratt

University of Richmond Law Review

I’m going to talk a little bit about why it is that the Fair Housing Act at fifty still is relevant. I mean, after all, should it really be relevant?

How is it that a law that languished in Congress for years and then was abruptly passed when our country was in deep anger, grief, and disbelief at the assassination of Dr. Martin Luther King is still relevant? There’s virtually no legislative history around the passage of the law. It was going nowhere in Congress until Dr. King was assassinated. There was no time to build up to it in …

Housing Supply And The Common Wealth, Benjamin P. Campbell

University of Richmond Law Review

It’s a powerful thing to mark the fiftieth anniversary of the Fair Housing Act of 1968, something that actually happened and has actually had an effect. I grew up in segregated Virginia, so I have a pretty powerful sense of the passage of time here. It’s given us the opportunity today to review and mark human progress, to take stock of where we are and to identify the efforts and issues of our time. The victories here have changed the nation, and the task is still daunting.

Acknowledgements, Carly M. Celestino

University of Richmond Law Review

No abstract provided.

Unjust Cities? Gentrification, Integration, And The Fair Housing Act, Olatunde C.A. Johnson

University of Richmond Law Review

What does gentrification mean for fair housing? This article considers the possibility that gentrification should be celebrated as a form of integration alongside a darker narrative that sees gentrification as necessarily unstable and leading to inequality or displacement of lower-income, predominantly of color, residents. Given evidence of both possibilities, this article considers how the Fair Housing Act might be deployed to minimize gentrification’s harms while harnessing some of the benefits that might attend integration and movement of higher-income residents to cities. Ultimately, the article urges building on the fair housing approach but employing a broader set of tools to advance …

Affordable Housing: Of Inefficiency, Market Distortion, And Government Failure, Michael Diamond

University of Richmond Law Review

In this essay, I examine the types of costs that are imposed on society as a whole due to the absence of a sufficient number of decent housing units that are affordable to the low-income population. These costs present themselves in relation to health care, education, employment, productivity, homelessness, and incarceration. Some of the costs are direct expenditures while others are the result of lost opportunities. My hypothesis is that these costs are significant and offer, at the very least, a substantial offset to the cost of creating and subsidizing the operation of the necessary number of affordable housing units …

Table Of Contents: Allen Chair Symposium 2009

University of Richmond Law Review

No abstract provided.

50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe

St. Mary's Law Journal

Founded in 1969, the St. Mary’s Law Journal has climbed the road to excellence. Originally built on the foundation of being a “practitioner’s journal,” the St. Mary’s Law Journal continues to produce quality scholarship that is nationally recognized and frequently used by members of the bench and bar. From its grassroots origins to the world-class law review it is today, the St. Mary’s Law Journal continues to maintain its prestigious position in the realm of law reviews by ranking in the top five percent most-cited law reviews in federal and state courts nationwide.

In celebration of the St. Mary’s Law …

Judicial Disqualification: Federal-State Distinctions, Jeffrey W. Stempel

Scholarly Works

Federal and state law regarding disqualification (aka recusal) of judges is both similar and different, requiring that counsel be aware of federal and state statutes, the Nevada Code of Judicial Conduct and even constitutional considerations.