Judges Commons^™

Front Matter

University of Richmond Law Review

No abstract provided.

Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent

All Faculty Scholarship

ABSTRACT

The Illinois Appellate Court in Draper & Kramer v. King reversed a court ordered eviction on the ground that the tenant likely did not appreciate that she had agreed in a settlement to vacate her residence in addition to paying arrears on rent. In the chaotic environment of eviction court proceedings, tenants too often pledge paying back rent without realizing that, at the same time, they have agreed to be evicted and that the court ordered eviction will follow them for the rest of their lives. In Chicago, at least, the potential for confusion is enhanced because the agreed …

2015 Esther Clark Moot Court Competition: Finals, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

When Congress Is Away The President Shall Not Play: Justice Scalia's Concurrence In Nlrb V. Noel Canning, Krista M. Pikus

Michigan Law Review First Impressions

On June 26, 2014, the Supreme Court unanimously decided NLRB v. Noel Canning, holding that the Recess Appointments Clause authorizes the president “to fill any existing vacancy during any recess . . . of sufficient length.” Justice Scalia filed a concurring opinion, joined by Chief Justice Roberts, Justice Thomas, and Justice Alito. While Justice Scalia “concurred,” his opinion read more like a dissent. Both the majority and the concurring opinions relied heavily on historical evidence in arriving at their respective opinions. This was expected from Justice Scalia given his method of “new originalism,” which focuses on “the original public …

The Past As Prologue, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

An Opening For Quid Pro Quo Corruption? Issue Advertising In Wisconsin Judicial Races Before And After Citizens United, Christopher Terry, Mitchell T. Bard

The Journal of Appellate Practice and Process

No abstract provided.

Trending @ Rwulaw: Judge William E. Smith's Post: Rwu Law & The Federal Courts: A Unique Partnership, William E. Smith

Law School Blogs

No abstract provided.

Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire

Faculty and Staff Scholarship

This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school …

Voir Dire: Strategy And Tactics In The Defense Of Social And Political Activists, Murray R. Bowes

Akron Law Review

With the courts increasingly being the forum for legal disputes between those who demand change in the superstructure and those who represent (or are) the structure, a rather unfortunate by-product has evolved: a feeling that the courts can no longer adequately dispense justice.8 This manifests itself in beliefs that if one is prosecuted for activities that were designed to advance social change, either in violation of the law or not, that the individual will not be afforded a fair trial; 9 a reflection that the social or political activist will not be judged by an impartial jury….For the purposes of …

Book Review: Much Ado About Nothing: The Brethren: Inside The Supreme Court, Richard L. Aynes

Akron Law Review

With such auspicious beginnings, The Brethren would appear to be a vital and important book which should be included upon the "required" reading list of those who wish to keep abreast of developments involving the Court and the evolution of constitutional law. Unfortunately, for anyone familiar with the decisions of the Court, the high expectations raised by The Brethren will not be met. Even when viewed in the most charitable light, the "insights" into the decision-making process to be gained from The Brethren are slight.2

The Judicial Philosophy Of Justice Rehnquist, Robert E. Riggs, Thomas D. Proffitt

Akron Law Review

In defining the contours of the Rehnquist judicial philosophy, this article will examine three sources: (1) ideas articulated by Justice Rehnquist in opinions and other writings, (2) values implicit in his pattern of decision-making as distilled from the decided cases, and (3) ideas attributed to him by others. Information from each source will be examined separately for light it sheds on the Rehnquist judicial philosophy, and each is assigned its own label. Thus, this article will refer to the self-articulated philosophy (as reflected in the Justice's writings), the attributed philosophy (as reflected in the writings of others), and the operative …

The Honorable William H. Victor, The Life And Times Of A Distinguished Jurist, Oscar Hunsicker, Edward J. Mahoney, Ronald O. Kaffen

Akron Law Review

William H. Victor after a long and distinguished career as a judge and civic leader has decided to take retired status. He will be able to be recalled to serve where needed on assignment from the Chief Justice of the Supreme Court of Ohio.

Response To Professor Parness And Mr. Reagle, Jack Grant Day

Akron Law Review

I subscribe to so much of the reform suggestions proposed by the authors that I believe my response can be most useful if confined to some emphasis or expansion of concurrent views, specific reference to disagreements and support for points of reform needed but not recommended.

The Honorable Paul C. Weick - A Lenghty And Distinguished Tenure On The Court

Akron Law Review

I am pleased to join the Akron Law Review in the dedication of this issue to Judge Paul C. Weick. Judge Weick took senior status on December 31, 1981, after twenty-two years of active service on the United States Court of Appeals for the Sixth Circuit.

The Propriety Of Prospective Relief And Attorney's Fees Awards Against State-Court Judges In Federal Civil Rights Actions, Stephen J. Shapiro

Akron Law Review

During the past thirty years, the United States Supreme Court has refined a system of immunities for governmental officials when those officials are sued under 42 U.S.C. § 1983 for violation of constitutional rights. The kind of immunity granted varies with the kind of governmental function exercised by the official when committing the alleged constitutional violation. Persons exercising legislative functions are absolutely immune from suit either for damages or for prospective (declaratory or injunctive) relief. Those exercising prosecutorial functions are absolutely immune from damages but may be sued for prospective relief. Those exercising executive functions are granted only a conditional, …

A Tribute To The Honorable Oscar A. Hunsicker, William P. Kannel, William H. Victor, Robert D. Moss, Richard L. Aynes

Akron Law Review

Judge Hunsicker was elected to the Juvenile Court bench in 1930. He was a pioneer in the changing of Juvenile Courts and was primarily responsible for much of a lasting philosophy and many lasting procedures of our present day Juvenile Court. He served in that court until 1946 when he was elevated to the Ninth District Court of Appeals. His record as an outstanding Jurist is common knowledge.

Newsroom: Waters '98 On Tempest Verdict Reversal, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Strategic Behavior And Variation In The Supreme Court’S Caseload Over Time, Kenneth W. Moffett, Forrest Maltzman, Karen Miranda, Charles R. Shipan

SIUE Faculty Research, Scholarship, and Creative Activity

Over the past sixty years, the size of the Supreme Court’s docket has varied tremendously, growing at some points in time and shrinking at others. What accounts for this variation in the size of the docket? We focus on two key strategic factors – the predictability of outcomes within the Court, and whether justices consider the potential actions of other political institutions – and assess whether these factors help to explain the variation in docket size over time. We discover that uncertainty and institutional constraints prevent the Court from choosing cases with complete freedom, even after accounting for other potential …

Federal Judges And Presidential Power: Truman To Reagan, Craig R. Ducat, Robert L. Dudley

Akron Law Review

While there is a considerable literature consisting of commentaries on the substance of federal court decisions about presidential power, there has been little quantitative investigation of political factors influencing judicial decision-making in those cases. Analyzing the votes cast by judges at all levels of the federal judiciary during the post-World War II era, this study examines several conventional expectations about the impact of such political factors as political party affiliation and presidential appointment, the difference between the foreign and military affairs and domestic policy areas, length of judicial tenure, and judges' possession of prior legislative or executive experience.

The Last Word, Ross E. Davies

The Journal of Appellate Practice and Process

No abstract provided.

Legislative Process And Intent In Justice Scalia's Interpretive Method, David Schultz

Akron Law Review

This article explores Justice Scalia's views on the legislative process and his interpretive methodology which questions using legislative intent when interpreting statutes. Unlike other recent scholarship which focuses on Scalia's interpretive method, this article is somewhat more expansive. It will examine his views towards the legislative process and decision-making, including his approach and methodology used in interpreting legislative pronouncements. To do this, the article will first provide an assessment of recent legal scholarship describing Scalia's interpretive jurisprudence. The goal here is to establish a description of the legal community's perspective regarding Scalia's views towards interpreting statutes. The second section will …

Justice Brennan's Gender Jurisprudence, Rebecca Korzec

Akron Law Review

However, less attention has been focused on Justice Brennan's dramatic impact on the Supreme Court's gender jurisprudence. More than any other member of the Court, Justice Brennan recognized the complexity and pervasiveness of sex discrimination and its costs to society as a whole. Brennan's opinions recognized that sex differentiation is largely cultural in origin, rather than based on "real" gender differences. As a result, Justice Brennan created a truly independent gender jurisprudence, eventually emerging as the architect of the Supreme Court's contemporary test for evaluating claims of sex-based discrimination.

Understanding the significance of Brennan's contribution requires an appreciation of the …

Clouds In The Crystal Ball: Presidential Expectations And The Unpredictable Behavior Of Supreme Court Appointees, Christopher E. Smith, Kimberly A. Beuger

Akron Law Review

This article will analyze the pitfalls that presidents face in hoping that their nominees' judicial performance will comport with presidential expectations.

The Trial Judge As Gatekeeper For Scientific Evidence: Will Ohio Rule Of Evidence 102 Frustrate The Ohio Courts' Role Under Daubert V. Merrell Dow?, Michael Lepp, Chrisopher B. Mcneil

Akron Law Review

This article considers the role of the trial court in responding to the changes wrought by scientific innovation. Particular consideration is given to the impact likely to be realized in Ohio trial courts from the decision of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc.

[...]In order to appreciate the significance of Ohio Evidence Rule 102 in this context, it is helpful to first examine some of the events leading to Daubert, especially the application (and in some instances, the rejection) of Frye both in Ohio and at the federal level. Following that, this article will …

The Impact Of New Justices: The U.S. Supreme Court And Criminal Justice Policy, Christopher E. Smith

Akron Law Review

The Supreme Court is an important policy-making institution. In criminal justice, for example, the high court issues decisions affecting institutions, actors, and processes throughout the justice system, from police investigations through corrections and parole. The Court's policy decisions affecting criminal justice are produced by the votes of the nine justices who select, hear, decide, and issue opinions in cases. It is widely recognized, and probably axiomatic, that the Supreme Court's decision-making patterns are determined by the Court's membership at any given moment in history. When five or more justices support a specific outcome in a case, they can form a …

Sanders V. Sears-Page, 131 Nev. Adv. Op. 50, Scott Lundy

Nevada Supreme Court Summaries

The Court held that the district court erred in deciding not to strike an empaneled juror whose background implied bias, but who promised he could remain impartial. Moreover, the Court held the district court erred in allowing challenges for cause while the juror was present, and by allowing newly discovered evidence to be entered into evidence on the final day of trial.

Veteran Treatment Courts, Honorable Robert T. Russell

Touro Law Review

No abstract provided.

Sexually Exploited Youth: A View From The Bench, Honorable Fernando Camacho

Touro Law Review

No abstract provided.

Mental Health Courts: Bridging Two Worlds, Honorable Matthew J. D’Emic

Touro Law Review

No abstract provided.

Adjudicating Cases Involving Adolescents In Suffolk County Criminal Courts, Honorable Fernando Camacho

Touro Law Review

No abstract provided.