Judges Commons^™

How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Introduction, David Faigman

The Judges' Book

No abstract provided.

Foreword, Marsha S. Berzon

The Judges' Book

No abstract provided.

Bankruptcy: Activist Investors And Chapter 11, Jared A. Ellias

The Judges' Book

No abstract provided.

Patent Law: How Big Pharma Delays Generic Entry, Robin Feldman

The Judges' Book

No abstract provided.

Section 2: Trump And The Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Patent Law: Finding Space For State Authority To Regulate Patents, Robin Feldman

The Judges' Book

No abstract provided.

Judge Kozinski Objects, Beth H. Wilensky

Articles

Sitting judges don’t get to practice law. So although they often opine on the dos and don’ts of effective advocacy, we rarely get to see them put their advice into practice. But a few years ago, a class-action lawsuit provided the rare opportunity to witness a federal judge acting as an advocate before another federal judge—if not in the role of attorney, then certainly in as close to that role as we are likely to see. Given the chance to employ his own advice about effective advocacy, would the judge—Alex Kozinski—practice what he preaches? Would his years of experience on …

Table Of Contents

The Judges' Book

No abstract provided.

Civil Procedure: Certifying An Opt-In Class Under Rule 23, Scott Dodson

The Judges' Book

No abstract provided.

Federal Law Enforcement: Law Enforcement As Political Question, Zachary S. Price

The Judges' Book

No abstract provided.

Administrative Law: Historical Origins Of America’S Administrative Exceptionalism, Reuel Schiller

The Judges' Book

No abstract provided.

Administrative Law: The Importance Of Regional Administration To Federalism, Dave Owen

The Judges' Book

No abstract provided.

Civil Procedure: How To Apply Diversity Jurisdiction In A Multiparty Case, Scott Dodson

The Judges' Book

No abstract provided.

Civil Procedure: Class Action Fee And Cost Awards, Morris Ratner

The Judges' Book

No abstract provided.

Criminal Law: Clarifying “Wrongfulness” In Insanity Cases, Kate E. Bloch, Jeffrey Gould

The Judges' Book

No abstract provided.

Evidence: Admissibility Vs. Weight In Scientific Testimony, David Faigman

The Judges' Book

No abstract provided.

Federal Tax Law: The Costs Of Cliff Effects In The Internal Revenue Code, Manoj Viswanathan

The Judges' Book

No abstract provided.

Appendix: Notable Faculty Publications 2016

The Judges' Book

No abstract provided.

Newsroom: U.S. Supreme Court Justice Ruth Bader Ginsberg To Visit Rwu Law 08-31-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Rights Of The Child - What Can An International Body Of Catholic Jurists Do?, Christine Godsil Cooper

The Catholic Lawyer

No abstract provided.

Leach, Billy (Fa 1040), Manuscripts & Folklife Archives

Folklife Archives Finding Aids

Finding aid only for Folklife Archives Project 1040. Paper titled "Folklore in the Kentucky Courtroom" in which Billy Leach challenges courtroom stereotypes by collecting anecdotal evidence from a local judge.

Judging Justice - How Solicitors' Expertise Can Improve The Courts System, Brian M. Barry

Reports

This article details the initial findings of a nationwide interview study undertaken by the author of litigation solicitors in Ireland on their views of the Irish courts system and the Irish judiciary.

Courts And Executives, Jeffrey L. Yates, Scott S. Boddery

Political Science Faculty Publications

William Howard Taft was both our twenty-seventh president and the tenth Chief Justice of the U.S. Supreme Court -- the only person to have ever held both high positions in our country. He once famously commented that "presidents may come and go, but the Supreme Court goes on forever" (Pringle 1998). His remark reminds us that presidents serve only four-year terms (and are now limited to two of them), but justices of the Supreme court are appointed for life and leave a legacy of precedent-setting cases after departing the High Court. Of course, presidents also leave a legacy of important …

The Core Case For Weak-Form Judicial Review, Rosalind Dixon

Cardozo Law Review

This Article contributes to debates over the democratic desirability of judicial review, by stating a quasi-general case for the desirability of judicial review that is "weak"-or broad but non-final-rather than "strong"-form in nature. Judicial review of this kind, the article argues, can help counter blockages in the legislative process-such as legislative "blind spots" and "burdens of inertia"-that can otherwise impair the enjoyment of individual rights even of a kind recognized by democratic majorities. This, the Article suggests, provides an important, if contingent, outcome-based case in favor of courts exercising powers of weak-form review. The case for weak judicial review of …

Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich

Arbitration Law Review (2009 - Present)

No abstract provided.

Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian

Arbitration Law Review (2009 - Present)

No abstract provided.

Punishing On A Curve, Adi Leibovitch

Northwestern University Law Review

Does the punishment of one defendant depend on how she fares in comparison to the other defendants on the judge’s docket? This Article demonstrates that the troubling answer is yes. Judges sentence a given offense more harshly when their caseloads contain relatively milder offenses and more leniently when their caseloads contain more serious crimes. I call this phenomenon “punishing on a curve.”

Consequently, this Article shows how such relative sentencing patterns put into question the prevailing practice of establishing specialized courts and courts of limited jurisdiction. Because judges punish on a curve, a court’s jurisdictional scope systematically shapes sentencing outcomes. …

Scotus's 2016-17 Term: The Calm Before The Storm?, John M. Greabe

Law Faculty Scholarship

[Excerpt] “The court's just-completed 2016-17 term contained no . . . blockbusters. Its highest profile ruling was an unsigned opinion that modified preliminary injunctions issued by lower courts to prevent President Donald Trump's "travel ban" orders from going into immediate effect.

But that ruling did not decide whether the president's orders are in fact unconstitutional. Instead, the court put that important question off until the fall, by which time further factual developments -for example, the executive branch completing its review and deciding to lift or modify the bans -may well render the issue moot.”

Keynote Address: Two Challenges For The Judge As Umpire: Statutory Ambiguity And Constitutional Exceptions, Brett M. Kavanaugh

Notre Dame Law Review

Justice Scalia believed in the rule of law as a law of rules. He wanted judges to be umpires, which ordinarily entails judges applying a settled legal principle to a particular set of facts. I agree with that vision of the judiciary. But there are two major impediments in current jurisprudence to achieving that vision of the judge as umpire. The first is the ambiguity trigger in statutory interpretation. The second is the amorphous tests employed in cases involving claimed constitutional exceptions. We should identify and study these issues. Inspired by Justice Scalia’s longstanding efforts to improve the law, we …