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Full-Text Articles in Judges

Deciding Not To Decide: A Limited Defense Of The Silent Concurrence, Alexander I. Platt Apr 2016

Deciding Not To Decide: A Limited Defense Of The Silent Concurrence, Alexander I. Platt

The Journal of Appellate Practice and Process

No abstract provided.


The Changing Odds Of The Chancery Lottery, Marianna Wonder Apr 2016

The Changing Odds Of The Chancery Lottery, Marianna Wonder

Fordham Law Review

Delaware is home to the majority of shareholder class action litigations related to mergers and acquisitions (M&A). These cases usually result in settlements that provide shareholders with only disclosure in exchange for a broad release of future claims, which encompasses unknown and federal security claims. The Delaware Court of Chancery must review and approve these settlements under Delaware Rule 23(e), which has been interpreted as creating a fiduciary duty for the court to protect the interests of absent shareholders. Nevertheless, Delaware has a history of routinely approving disclosure-only settlements with laxity. Recently, members of the court have begun discussing the …


Stop Bashing Breyer: How The Justice's Powerful Subtlety Out-Witted Scalia In Aereo Iii, Zachary Stirparo Apr 2016

Stop Bashing Breyer: How The Justice's Powerful Subtlety Out-Witted Scalia In Aereo Iii, Zachary Stirparo

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Clark Memorandum: Spring 2016, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Apr 2016

Clark Memorandum: Spring 2016, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


Now Is The Time: Experts Vs. The Uninitiated As Future Nominees To The U.S. Court Of Appeals For Veterans Claims, Bradley W. Hennings, David E. Boelzner, Jennifer Rickman White Apr 2016

Now Is The Time: Experts Vs. The Uninitiated As Future Nominees To The U.S. Court Of Appeals For Veterans Claims, Bradley W. Hennings, David E. Boelzner, Jennifer Rickman White

Faculty Publications

Two-thirds of judges appointed to the Court of Appeals for Veterans Claims ("CAVC" or "Court") could and should be drawn from among lawyers experienced in the U.S. Department of Veterans Affairs ("VA") benefits claims adjudication system. It is a specialty court, and like other such courts, its judges would benefit from specialized experience. All stakeholders in the claims system and the Court's work, and most importantly, veterans, would benefit from a Court that has appointees steeped in VA law and adjudication.


Personalities In The News Mar 2016

Personalities In The News

The Catholic Lawyer

No abstract provided.


Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff Mar 2016

Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff

Touro Law Review

No abstract provided.


Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post Mar 2016

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post

Touro Law Review

No abstract provided.


Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh Mar 2016

Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh

Touro Law Review

No abstract provided.


Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley Mar 2016

Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley

Touro Law Review

No abstract provided.


How Merrick Garland Could Help Heal America, Jeffrey Bellin Mar 2016

How Merrick Garland Could Help Heal America, Jeffrey Bellin

Popular Media

No abstract provided.


Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins Mar 2016

Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins

Popular Media

No abstract provided.


Affronti V. Crosson, Jonathan Janofsky Mar 2016

Affronti V. Crosson, Jonathan Janofsky

Touro Law Review

No abstract provided.


Newsroom: Strong Finish For Admiralty Team In Sfo 03-07-2016, Roger Williams University School Of Law Mar 2016

Newsroom: Strong Finish For Admiralty Team In Sfo 03-07-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016, Michael Yelnosky Mar 2016

Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016, Michael Yelnosky

Law School Blogs

No abstract provided.


The Odd Couple: How Justices Kennedy And Scalia, Together, Advanced Gay Rights In Romer V. Evans, Tobin A. Sparling Mar 2016

The Odd Couple: How Justices Kennedy And Scalia, Together, Advanced Gay Rights In Romer V. Evans, Tobin A. Sparling

Mercer Law Review

Amidst the excitement surrounding the flurry of decisions supporting gay marriage' which culminates in the United States Supreme Court's affirmation of same-sex marriage in Obergefell v. Hodges, Romer v. Evans, the Supreme Court's first step on the road to marriage equality, has not received the recognition it deserves. Yet, as its twentieth anniversary nears, Romer warrants a reexamination and greater recognition of its place in the advancement of gay rights. Decided in 1996, Romer held that Amendment to the Colorado constitution violated the Equal Protection Clause because the amendment discouraged the enactment of laws banning discrimination based on …


Issue 3: Allen Chair Table Of Contents Mar 2016

Issue 3: Allen Chair Table Of Contents

University of Richmond Law Review

No abstract provided.


The Management Of Staff By Federal Court Of Appeals Judges, Mitu Gulati, Richard A. Posner Mar 2016

The Management Of Staff By Federal Court Of Appeals Judges, Mitu Gulati, Richard A. Posner

Vanderbilt Law Review

Federal court of appeals judges have staffs consisting usually of a secretary and four law clerks; some judges have externs as well (law students working part time without pay). These staffs are essential, given judicial workloads and judges'limitations. Yet not much is known about how the judges manage their staffs. Each judge knows, of course, but judges rarely exchange information about staff management. Nor is there, to our knowledge, a literature that attempts to compare and evaluate the varieties of staff management techniques employed by federal court of appeals judges. This Essay aims to fill that gap. It is based …


On Getting It Right: Remembering Justice Antonin Scalia, Gary S. Lawson Mar 2016

On Getting It Right: Remembering Justice Antonin Scalia, Gary S. Lawson

Faculty Scholarship

In the summer of 1985, when then-Judge Antonin Scalia’s three law clerks were finishing their term at the D.C. Circuit Court of Appeals, we1 gave him a plaque emblazoned with the phrase, “It’s hard to get it right.” That was a phrase that Judge, and later Justice, Scalia’s law clerks heard often—never in anger, never in rebuke, but always as a reminder (often accompanied by a wry smile) that . . . well, sometimes it’s hard to get it right.


Newsroom: Yelnosky On Passing Of Justice Scalia 02-24-2016, Roger Williams University School Of Law Feb 2016

Newsroom: Yelnosky On Passing Of Justice Scalia 02-24-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective, Hon. Dana Leigh Marks, Hon. Denise Noonan Slavin Feb 2016

A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective, Hon. Dana Leigh Marks, Hon. Denise Noonan Slavin

Fordham Urban Law Journal

No abstract provided.


Padilla And Beyond: The Future Of The Defense Function, Hon. Jonathan Lippman Feb 2016

Padilla And Beyond: The Future Of The Defense Function, Hon. Jonathan Lippman

Fordham Urban Law Journal

No abstract provided.


Opinions I Should Have Written, Judge Nancy Gertner (Ret.) Feb 2016

Opinions I Should Have Written, Judge Nancy Gertner (Ret.)

Northwestern University Law Review

In 1991, the Chicago law firm of Pope & John Ltd. established a lecture series at Northwestern University School of Law. The Pope & John Lecture on Professionalism focuses on the many dimensions of a lawyer’s professional responsibility, including legal ethics, public service, professional civility, pro bono representation, and standards of conduct. The Northwestern University Law Review is pleased to present the November 12, 2014 Pope & John Lecture by Judge Nancy Gertner.


Newsroom: Clerking For Scalia 02-15-2016, Roger Williams University School Of Law Feb 2016

Newsroom: Clerking For Scalia 02-15-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: A True Original(Ist) 02-15-2016, Michael M. Bowden Feb 2016

Newsroom: A True Original(Ist) 02-15-2016, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill Feb 2016

Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill

Fordham Urban Law Journal

No abstract provided.


Is The Chief Justice A Tax Lawyer?, Stephanie Hoffer, Christopher J. Walker Feb 2016

Is The Chief Justice A Tax Lawyer?, Stephanie Hoffer, Christopher J. Walker

Pepperdine Law Review

In our contribution to this symposium on King v. Burwell, we explore two aspects of the Chief Justice’s opinion where it is hard to ignore the fingerprints of a tax lawyer. First, in the Chief’s approach to statutory interpretation one sees a tax lawyer as interpreter with an approach that tracks tax law’s substance-over-form doctrine. Second, as to King’s sweeping administrative law holding, the Chief crafts a new major questions doctrine that could significantly cut back on federal agency lawmaking authority. Yet he seems to develop this doctrine against the backdrop of tax exceptionalism, and thus this development may have …


The Sec's Shift To Administrative Proceedings: An Empirical Assessment, Adam C. Pritchard, Stephen Choi Feb 2016

The Sec's Shift To Administrative Proceedings: An Empirical Assessment, Adam C. Pritchard, Stephen Choi

Law & Economics Working Papers

Congress has repeatedly expanded the authority of the SEC to pursue violations of the securities laws in proceedings decided by its own administrative law judges, most recently in the Dodd Frank Act. We report the results from an empirical study of SEC enforcement actions against non-financial public companies to assess the impact of the Dodd Frank Act on the balance between SEC district court and administrative enforcement actions. We show a general decline in the number of court actions against public companies post Dodd Frank. At the same time, we show an increase in average civil penalties post-Dodd Frank for …


Newsroom: Reeves Urges: 'Be Citizen Soldiers', Roger Williams University School Of Law Jan 2016

Newsroom: Reeves Urges: 'Be Citizen Soldiers', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Judge Keynotes Mlk Week, Roger Williams University School Of Law Jan 2016

Newsroom: Judge Keynotes Mlk Week, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.