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Full-Text Articles in Judges

Lucia Et Al. V. Securities And Exchange Commission: Opinion Of The Court, Elena Kagan Sep 2018

Lucia Et Al. V. Securities And Exchange Commission: Opinion Of The Court, Elena Kagan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Administrative Law Scholars In Support Of Neither Party, Richard J. Pierce Jr. Sep 2018

Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Administrative Law Scholars In Support Of Neither Party, Richard J. Pierce Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Lucia Et Al. V. Securities And Exchange Commission: Brief Of Amicus Curiae The Forum Of United States Administrative Law Judges In Support Of Neither Party, Gerald Marvin Bober Sep 2018

Lucia Et Al. V. Securities And Exchange Commission: Brief Of Amicus Curiae The Forum Of United States Administrative Law Judges In Support Of Neither Party, Gerald Marvin Bober

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Federal Administrative Law Judges Conference In Support Of Neither Party, John M. Vittone Sep 2018

Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Federal Administrative Law Judges Conference In Support Of Neither Party, John M. Vittone

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Introduction To Lucia Et Al. V. Securities And Exchange Commission, Selina Malherbe Sep 2018

Introduction To Lucia Et Al. V. Securities And Exchange Commission, Selina Malherbe

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger Sep 2018

Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger

Journal of the National Association of Administrative Law Judiciary

This article examines the power difference between homeowner association (HOA) owners, members, and their governing boards. Administrative adjudication can remedy the imbalance to better secure member rights. What is necessary is a heightened standard of judicial review and a requirement to produce a comprehensive record for review. Boards enjoy an advantage in disputes with members—courts uphold board actions unless they are arbitrary and capricious. Boards also possess largely unrestricted state-delegated authority to make and enforce rules, as well as decide penalties for infractions. These clearly governmental functions are not restrained by the state action doctrine. Tools of administrative adjudication are …


The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin Sep 2018

The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel Sep 2018

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Dedication To The Honorable Larry Jay Craddock, Julian Mann Iii, Selina Malherbe Sep 2018

Dedication To The Honorable Larry Jay Craddock, Julian Mann Iii, Selina Malherbe

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Tax Law: The Ethics Of Tax Lawyering, Heather M. Field Sep 2018

Tax Law: The Ethics Of Tax Lawyering, Heather M. Field

The Judges' Book

No abstract provided.


Guidelines And Best Practices For Large And Mass-Tort Mdls (Second Edition), Bolch Judicial Institute Sep 2018

Guidelines And Best Practices For Large And Mass-Tort Mdls (Second Edition), Bolch Judicial Institute

Bolch Judicial Institute Publications

Mass-tort MDLs dominate the federal civil docket, yet they present enormous challenges to transferee judges assigned to manage them. There is little official guidance and no rules specific to the management of mass-tort MDLs, often requiring the transferee judge to develop procedures out of whole cloth.

Beginning in 2013, the Bolch Judicial Institute (then the Center for Judicial Studies) sought to address this issue through a series of annual bench-bar conferences. From these conferences came the Guidelines and Best Practices for Large and Mass-Tort MDLs document — now in its Second Edition — which is designed to help judges and …


Supreme Verbosity: The Roberts Court's Expanding Legacy Sep 2018

Supreme Verbosity: The Roberts Court's Expanding Legacy

Marquette Law Review

The link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community. Whatever the court’s statutory and constitutional status, the written word, in the end, is the source and the measure of the court’s authority.

It is therefore not enough that a decision be correct—it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and to satisfy the world that the decision is principled and sound. What the court says, …


Active Judicial Governance, James A. Gardner Sep 2018

Active Judicial Governance, James A. Gardner

Journal Articles

Evidence marshaled in a new article by Jonathan Marshfield suggests strongly that unlike judges of U.S. federal courts, judges of American state supreme courts both recognize and embrace their role as active participants in the process of indirect popular self-rule. Consequently, they much more willingly serve as active and self-conscious vectors of governance. This is not to say that state judges lack appropriate judicial humility; it is to say merely that they possess a different and more nuanced understanding of the role of courts in American government than some of their federal counterparts.


Civil Procedure: Jurisdiction And Its Effects, Scott Dodson Sep 2018

Civil Procedure: Jurisdiction And Its Effects, Scott Dodson

The Judges' Book

No abstract provided.


Health Law: Canadian Medical Tourism: Expanding Opportunities And Reducing Legal Risks For American Healthcare Providers, R. Gregory Cochran Sep 2018

Health Law: Canadian Medical Tourism: Expanding Opportunities And Reducing Legal Risks For American Healthcare Providers, R. Gregory Cochran

The Judges' Book

No abstract provided.


Health Law: Protecting Children When Parents Choose Not To Vaccinate, Dorit Rubinstein Reiss Sep 2018

Health Law: Protecting Children When Parents Choose Not To Vaccinate, Dorit Rubinstein Reiss

The Judges' Book

No abstract provided.


Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law September 2018, Roger Williams University School Of Law Sep 2018

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law September 2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Table Of Contents Sep 2018

Table Of Contents

The Judges' Book

No abstract provided.


Patent Law: Empirical Evidence Of Drug Pricing Games— A Citizen’S Pathway Gone Astray, Robin Feldman Sep 2018

Patent Law: Empirical Evidence Of Drug Pricing Games— A Citizen’S Pathway Gone Astray, Robin Feldman

The Judges' Book

No abstract provided.


Foreword, Lawrence J. O’Neill Hon. Sep 2018

Foreword, Lawrence J. O’Neill Hon.

The Judges' Book

No abstract provided.


Children And The Law: Constitutional Decisionmaking And The “Peculiar Vulnerability Of Children”, Lois A. Weithorn Sep 2018

Children And The Law: Constitutional Decisionmaking And The “Peculiar Vulnerability Of Children”, Lois A. Weithorn

The Judges' Book

No abstract provided.


Introduction, David Faigman Sep 2018

Introduction, David Faigman

The Judges' Book

No abstract provided.


Constitutional Law: Reliance On Nonenforcement, Zachary S. Price Sep 2018

Constitutional Law: Reliance On Nonenforcement, Zachary S. Price

The Judges' Book

No abstract provided.


Criminal Law: Taking The Constitution Seriously? Three Approaches To Law’S Competence In Addressing Authority And Professionalism, Hadar Aviram Sep 2018

Criminal Law: Taking The Constitution Seriously? Three Approaches To Law’S Competence In Addressing Authority And Professionalism, Hadar Aviram

The Judges' Book

No abstract provided.


Employment Law: The Employee Vs. Independent Contractor Dichotomy, Veena B. Dubal Sep 2018

Employment Law: The Employee Vs. Independent Contractor Dichotomy, Veena B. Dubal

The Judges' Book

No abstract provided.


Environmental Law: Little Streams And Legal Transformations, Dave Owen Sep 2018

Environmental Law: Little Streams And Legal Transformations, Dave Owen

The Judges' Book

No abstract provided.


Corporate Law: If It Acts Like A Bank, Regulate It Like A Bank, John Crawford Sep 2018

Corporate Law: If It Acts Like A Bank, Regulate It Like A Bank, John Crawford

The Judges' Book

No abstract provided.


Appendix: Notable Faculty Scholarship In 2017 Sep 2018

Appendix: Notable Faculty Scholarship In 2017

The Judges' Book

No abstract provided.


Judging And Mindfulness: How To Use Mindfulness To Improve Judging And Reduce Bias, Clark Freshman Sep 2018

Judging And Mindfulness: How To Use Mindfulness To Improve Judging And Reduce Bias, Clark Freshman

The Judges' Book

No abstract provided.


Civil Procedure: Managing Class-Action Conflicts, Morris Ratner Sep 2018

Civil Procedure: Managing Class-Action Conflicts, Morris Ratner

The Judges' Book

No abstract provided.