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Articles 3301 - 3330 of 7578
Full-Text Articles in Judges
Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl
Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl
Touro Law Review
No abstract provided.
The Influence Of A Jewish Education And Jewish Values On A Jewish Judge, Alvin K. Hellerstein
The Influence Of A Jewish Education And Jewish Values On A Jewish Judge, Alvin K. Hellerstein
Touro Law Review
No abstract provided.
Footnote Online Supplement: State Truancy Law Compilation, Dean H. Rivkin
Footnote Online Supplement: State Truancy Law Compilation, Dean H. Rivkin
College of Law Faculty Scholarship
This compilation of state truancy laws is being provided as a footnote supplement to the forthcoming article No Child Left Behind? Representing Youth and Families in Truancy Matters (2013) by Prof. Dean Hill Rivkin and Brenda McGee, of The Education Law Practicum at the University of Tennessee College of Law. It is an updated version of the laws listed in the Juvenile Law Center’s excellent amicus curiae brief in Bellevue School District v. E.S., Brief of Juvenile Law Center, et al., As Amicus Curiae on Behalf of Respondent, Bellevue Sch. Dist. v. E.S., 257 P.3d 570 (Wash. 2011) …
The Expert, Nancy Bellhouse May
The Expert, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
A Nonagenarian Discusses Life As A Senior Circuit Judge, Ruggero J. Aldisert
A Nonagenarian Discusses Life As A Senior Circuit Judge, Ruggero J. Aldisert
The Journal of Appellate Practice and Process
No abstract provided.
Diversity, Deliberations, And Judicial Opinion Writing., Susan B. Haire, Laura P. Moyer, Shawn Treier
Diversity, Deliberations, And Judicial Opinion Writing., Susan B. Haire, Laura P. Moyer, Shawn Treier
Faculty and Staff Scholarship
Underlying scholarly interest in diversity is the premise that a representative body contributes to robust decision-making processes. Using an innovative measure of opinion content, we examine this premise by analyzing deliberative outputs in the US courts of appeals (1997-2002). While the presence of a single female or minority did not affect the attention to issues in the majority opinion, panels composed of a majority of women or minorities produced opinions with significantly more points of law compared to panels with three Caucasian males.
Naalj Membership Application And Questionnaire, Tiffany Bacon
Naalj Membership Application And Questionnaire, Tiffany Bacon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)
The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …
Reflections On The End Of The Federal Law Clerk Hiring Plan, Aaron L. Nielson
Reflections On The End Of The Federal Law Clerk Hiring Plan, Aaron L. Nielson
Michigan Law Review First Impressions
As applicants, federal judges, and law school career counselors everywhere frantically come to terms with the new clerkship landscape, one truth is inescapable: the Federal Law Clerk Hiring Plan ("the Plan") is dead. On January 29, 2013, the D.C. Circuit-the Plan's last and best defender-announced that it would no longer follow the Plan. The consequences of that announcement have been swift. For the last several months, months earlier than almost anyone expected, untold numbers of federal judges across the country have been rushing to hire law clerks. For these judges, the unregulated clerkship market of the pre-Plan era is back. …
Altering Attention In Adjudication, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Altering Attention In Adjudication, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Cornell Law Faculty Publications
Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of a case are particularly salient to the judge. Put simply, a judge focusing on one aspect of a case might reach a different outcome than a judge focusing on another. In this Article, we report the results of a series of studies exploring various ways in which directing judicial attention can shape judicial outcomes. In the first study, we show that judges impose shorter sentences when …
Mock Trials And Real Justices And Judges, Richard A. Posner
Mock Trials And Real Justices And Judges, Richard A. Posner
Cardozo Law Review
No abstract provided.
Altering Attention In Adjudication, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Altering Attention In Adjudication, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Vanderbilt Law School Faculty Publications
Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of a case are particularly salient to the judge. Put simply, a judge focusing on one aspect of a case might reach a different outcome than a judge focusing on another. In this Article, we report the results of a series of studies exploring various ways in which directing judicial attention can shape judicial outcomes. In the first study, we show that judges impose shorter sentences when …
What Would Congress Want? If We Want To Know, Why Not Ask?, Danieli Evans
What Would Congress Want? If We Want To Know, Why Not Ask?, Danieli Evans
Articles
Judges often disagree about which interpretation of a statute is most faithful to 'legislative intent.' If judges are concerned about adhering to democratic preferences when interpreting statutes, why not ask Congress what it would prefer? I propose a procedure that would enable the Court, in a case where Justices are divided over the meaning of a statute, to submit both sides' reasoning to Congress, and Congress may choose to vote on its preferred of the alternative rulings the Court puts before it. Congress's preferences would be evidentiary only; they would not bind the Court to make one decision or another. …
The Role Of The Federal Judge In The Constitutional Structure: An Originalist Perspective, Diarmuid F. O'Scannlain
The Role Of The Federal Judge In The Constitutional Structure: An Originalist Perspective, Diarmuid F. O'Scannlain
San Diego Law Review
Join me now in examining some of the structural features of our Constitution. And let’s do so by focusing upon cases that have come before my court—the United States Court of Appeals for the Ninth Circuit, the second highest federal court in the land, inferior only to the Supreme Court of the United States. My goal is to present, in modest outline, an originalist perspective on the federal judge’s role, particularly my role as a circuit judge, in the constitutional order.
Holmes, Cardozo, And The Legal Realists: Early Incarnations Of Legal Pragmatism And Enterprise Liability, Edmund Ursin
Holmes, Cardozo, And The Legal Realists: Early Incarnations Of Legal Pragmatism And Enterprise Liability, Edmund Ursin
San Diego Law Review
The theory of enterprise liability is associated with the tort lawmaking of the liberal California Supreme Court of the 1960s and 1970s. Legal pragmatism, in turn, is associated with the conservative jurist Richard Posner. This Article explains that early incarnations of each can be found in the works of four giants in American law: Justice Oliver Wendell Holmes, Judge—later Justice—Benjamin Cardozo, and the Legal Realists Leon Green and Karl Llewellyn. As will be seen, these scholars and judges shared a common view of the lawmaking role of courts. Stated simply, this shared view was that judges are lawmakers and policy …
Justice Florence Kerins Murray: The Legacy Of A Pioneer In The Rhode Island Courts, Marian M. Desrosiers Ph.D.
Justice Florence Kerins Murray: The Legacy Of A Pioneer In The Rhode Island Courts, Marian M. Desrosiers Ph.D.
Journal of Interdisciplinary Feminist Thought
This essay discusses the professional and personal life of Florence Kerins Murray (1916-2004), a senator and judge, whose career had a profound effect onRhode Islandgovernment, public service, and the judiciary. The author uses twenty oral history interviews conducted by the author from 2007-12 with men and women working in the courts, in state and local governments, in public service organizations, and in the media. The research was funded by a scholar grant from the Rhode Island Council on the Humanities.
For The Times They Are A-Changin': Explaining Voting Patters Of U.S. Supreme Court Justices Through Identification Of Micro-Publics, Jeff Yates, Justin Moeller, Brian Levey
For The Times They Are A-Changin': Explaining Voting Patters Of U.S. Supreme Court Justices Through Identification Of Micro-Publics, Jeff Yates, Justin Moeller, Brian Levey
Brigham Young University Journal of Public Law
In assessing how social forces may shape U.S. Supreme Court Justices’ decision-making it has been presumed that there is a singular public opinion and that this opinion affects each individual Justice in largely the same fashion. We suggest that it is more likely the case that Justices’ world views are informed and shaped by a myriad of social concerns and group identities upon which the Justices structure and process their experiences and develop and refine their personal schemas. While some have already begun to question the proposition of a monolithic public opinion influence on judicial behavior and have begun to …
Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery, Maria Da Gloria Bonelli
Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery, Maria Da Gloria Bonelli
Indiana Journal of Global Legal Studies
This article examines the ways in which Brazilian lawyers and judges experience difference. It focuses on how gender and diversity intersect in identity formation among women and men in public and private practice in the state of Sdo Paulo, Brazil. In attempting not to attach one fixed meaning to the concept of difference, the research works with Avtar Brah's typology, which aids in detecting how difference is perceived and experienced by the interviewees. The results provide a look at the specificities of professional practice in the global periphery, comparing the gender composition of law firms and gender stratification within legal …
Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification, Michelle L. Jones
Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification, Michelle L. Jones
Indiana Law Journal
No abstract provided.
Contrition In The Courtroom: Do Apologies Affect Adjudication?, Jeffrey J. Rachlinski, Chris Guthrie, Andrew J. Wistrich
Contrition In The Courtroom: Do Apologies Affect Adjudication?, Jeffrey J. Rachlinski, Chris Guthrie, Andrew J. Wistrich
Cornell Law Faculty Publications
Apologies usually help to repair social relationships and appease aggrieved parties. Previous research has demonstrated that in legal settings, apologies influence how litigants and juries evaluate both civil and criminal defendants. Judges, however, routinely encounter apologies offered for instrumental reasons, such as to reduce a civil damage award or fine, or to shorten a criminal sentence. Frequent exposure to insincere apologies might make judges suspicious of or impervious to apologies. In a series of experimental studies with judges as research participants, we find that in some criminal settings, apologies can induce judges to be more lenient, but overall, apologizing to …
Interagency Litigation And Article Iii, Joseph Mead
Interagency Litigation And Article Iii, Joseph Mead
All Maxine Goodman Levin School of Urban Affairs Publications
Agencies of the United States often find themselves on opposite sides of the "v." in disputes ranging from alleged unfair labor practices in federal agencies to competing statutory interpretations to run-of-the mill squabbles over money. Yet Article III's case-or-controversy requirement includes—at a minimum—adverse parties and standing. Courts have disagreed with one another over the extent to which litigation between the sovereign and itself meets Article III standards. Despite the volume of scholarship on Article III standing, relatively little attention has been paid to Article III's requirement of adverse parties in general, or the justiciability of intrabranch litigation in particular. Looking …
Contrition In The Courtroom: Do Apologies Affect Adjudication?, Chris Guthrie
Contrition In The Courtroom: Do Apologies Affect Adjudication?, Chris Guthrie
Vanderbilt Law School Faculty Publications
Apologies usually help to repair social relationships and appease aggrieved parties. Previous research has demonstrated that in legal settings, apologies influence how litigants and juries evaluate both civil and criminal defendants. Judges, however, routinely encounter apologies offered for instrumental reasons, such as to reduce a civil damage award or fine, or to shorten a criminal sentence. Frequent exposure to insincere apologies might make judges suspicious of or impervious to apologies. In a series of experimental studies with judges as research participants, we find that in some criminal settings, apologies can induce judges to be more lenient, but overall, apologizing to …
Judicial Activism And The Problem Of Induction, Aaron-Andrew P. Bruhl
Judicial Activism And The Problem Of Induction, Aaron-Andrew P. Bruhl
Faculty Publications
A comment on Suzanna Sherry’s "Why We Need More Judicial Activism."
The Fixable Flaws Of America's Civil Justice System, James Maxeiner
The Fixable Flaws Of America's Civil Justice System, James Maxeiner
All Faculty Scholarship
No abstract provided.
Lower Court Compliance With Supreme Court Remands, Elise Borochoff
Lower Court Compliance With Supreme Court Remands, Elise Borochoff
Touro Law Review
No abstract provided.
Technically Speaking, Does It Matter? An Empirical Study Linking The Federal Circuit Judges' Technical Backgrounds To How They Analyze The Section 112 Enablement And Written Description Requirements, Dunstan H. Barnes
Chicago-Kent Law Review
Patent cases are decided exclusively by federal judges, who—unlike patent attorneys appearing before the United States Patent and Trademark Office—are not required to have any scientific or technical qualifications. The present empirical study explores whether there is a correlation between the technical backgrounds of judges on the United States Court of Appeals for the Federal Circuit and these judges’ analysis of the enablement and written description patent requirements under 35 U.S.C. § 112. The results indicate that Federal Circuit judges with technical backgrounds are more likely than their non-technical peers to reverse lower courts, but not significantly more likely to …
The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley
The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley
Washington International Law Journal
Professor Haley is an outstanding international and comparative law scholar, widely credited with having popularized Japanese legal studies in the United States. In 1969, Haley received a fellowship from the University of Washington and was in one of the first classes to graduate from the Asian Law Program, now, the Asian Law Center. After working for several years in law firms in Japan, he joined the law faculty at the University of Washington, where he remained for nearly twenty-six years during which time he directed the Asian and Comparative Law Program. In June 2012, Professor Haley was awarded The Order …
The Small Claims Court: Justice For The Poor Or Convenience For The Businessman, Charles T. Eye
The Small Claims Court: Justice For The Poor Or Convenience For The Businessman, Charles T. Eye
Pepperdine Law Review
No abstract provided.
Judges “On The Take:” A Formula For Financial Security , Harry A. Halkowich
Judges “On The Take:” A Formula For Financial Security , Harry A. Halkowich
Pepperdine Law Review
No abstract provided.
Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons
Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons
Pepperdine Law Review
No abstract provided.