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Articles 3571 - 3600 of 7578

Full-Text Articles in Judges

Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings , Perry L. Glantz Jan 2013

Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings , Perry L. Glantz

Pepperdine Law Review

No abstract provided.


Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods Jan 2013

Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods

Pepperdine Law Review

No abstract provided.


Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley Jan 2013

Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


Introduction, Ronald F. Phillips Jan 2013

Introduction, Ronald F. Phillips

Pepperdine Law Review

No abstract provided.


Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert Jan 2013

Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert

Pepperdine Law Review

No abstract provided.


Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland Jan 2013

Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland

Law Faculty Publications

No abstract provided.


Plea Bargaining After Frye And Lafler, A Real Problem In Search Of A Reasonable And Practical Solution (Meeting The Challenges Of Frye And Lafler) [Keynote Address], W. Louis Sands Jan 2013

Plea Bargaining After Frye And Lafler, A Real Problem In Search Of A Reasonable And Practical Solution (Meeting The Challenges Of Frye And Lafler) [Keynote Address], W. Louis Sands

Duquesne Law Review

No abstract provided.


The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber Jan 2013

The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber

Faculty Scholarship

This Article offers a more sophisticated account of elite theory that incorporates the crucial insights underlying claims that Justices with life tenure will protect minority rights and claims that the Supreme Court follows the election returns. Put simply, the direction of judicial decision making at a given time reflects the views of the most affluent and highly educated members of the dominant national coalition. The values that animate the elite members of the dominant national coalition help explain the direction of judicial decision making for the last eighty years. During the mid-twentieth century, most Republican and Democratic elites held more …


Supreme Court Of The United States, October Term 2013 Preview, Georgetown University Law Center, Supreme Court Institute Jan 2013

Supreme Court Of The United States, October Term 2013 Preview, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Jewish Identity And Judging: Seymour Simon Of Illinois, Jack M. Beermann Jan 2013

Jewish Identity And Judging: Seymour Simon Of Illinois, Jack M. Beermann

Loyola University Chicago Law Journal

No abstract provided.


The Mysterious Lockstep Doctrine And The Future Of Judicial Federalism In Illinois, John Christopher Anderson Jan 2013

The Mysterious Lockstep Doctrine And The Future Of Judicial Federalism In Illinois, John Christopher Anderson

Loyola University Chicago Law Journal

No abstract provided.


Introduction, Symposium: The Evolution Of Justice Anthony M. Kennedy’S Jurisprudence, Elizabeth Rindskopf Parker Jan 2013

Introduction, Symposium: The Evolution Of Justice Anthony M. Kennedy’S Jurisprudence, Elizabeth Rindskopf Parker

McGeorge Law Review

No abstract provided.


Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine Jan 2013

Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine

McGeorge Law Review

No abstract provided.


Justice Kennedy’S Free Speech Jurisprudence: A Quantitative And Qualitative Analysis, Ashutosh Bhagwat, Matthew Struhar Jan 2013

Justice Kennedy’S Free Speech Jurisprudence: A Quantitative And Qualitative Analysis, Ashutosh Bhagwat, Matthew Struhar

McGeorge Law Review

No abstract provided.


The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda E. Carter Jan 2013

The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda E. Carter

McGeorge Law Review

No abstract provided.


State Interests And The Duration Of Abortion Rights, Randy Beck Jan 2013

State Interests And The Duration Of Abortion Rights, Randy Beck

McGeorge Law Review

No abstract provided.


Justice Kennedy’S Use Of Sources Of The Original Meaning Of The Constitution, Gregory E. Maggs Jan 2013

Justice Kennedy’S Use Of Sources Of The Original Meaning Of The Constitution, Gregory E. Maggs

McGeorge Law Review

No abstract provided.


Kennedy And The Prisons—Moral Exhortation And Technical Fastidiousness, Robert Weisberg Jan 2013

Kennedy And The Prisons—Moral Exhortation And Technical Fastidiousness, Robert Weisberg

McGeorge Law Review

No abstract provided.


Justice Kennedy’S Sixth Amendment Pragmatism, Stephanos Bibas Jan 2013

Justice Kennedy’S Sixth Amendment Pragmatism, Stephanos Bibas

McGeorge Law Review

No abstract provided.


The Property Jurisprudence Of Justice Kennedy, John G. Sprankling Jan 2013

The Property Jurisprudence Of Justice Kennedy, John G. Sprankling

McGeorge Law Review

No abstract provided.


Justice Kennedy’S Jurisprudence On The First Amendment Religion Clauses, R. Randall Kelso Jan 2013

Justice Kennedy’S Jurisprudence On The First Amendment Religion Clauses, R. Randall Kelso

McGeorge Law Review

No abstract provided.


There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey Jan 2013

There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey

McGeorge Law Review

No abstract provided.


Speech, Brian S. Harvey Jan 2013

Speech, Brian S. Harvey

Journal of Business & Technology Law

No abstract provided.


John C.H. Wu And His Comparative Law Pursuit, Xiaomeng Zhang Jan 2013

John C.H. Wu And His Comparative Law Pursuit, Xiaomeng Zhang

Law Librarian Scholarship

In this paper, I will focus on exploring Wu's accomplishments in comparative law from four different aspects. After a brief introduction to the historical and societal background of Wu' s life and research in Part II, I will examine his comparative law research and methodologies in Part III. In Part IV, I will elaborate his contributions to the development of Chinese legal education in the Republican China era at the Comparative Law School of China. I will then analyze how his jurisprudence was further reflected in his judicial rulings, which helped shape the contemporary Chinese judicial system in Part V. …


Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking, Helia Garrido Hull Jan 2013

Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking, Helia Garrido Hull

Faculty Scholarship

No abstract provided.


The Second Circuit’S En Banc Crisis, Mario Lucero Jan 2013

The Second Circuit’S En Banc Crisis, Mario Lucero

Cardozo Law Review de•novo

Part I of this Note is an empirical survey of the history of the en banc practice in the Second Circuit. First is an explanation of the en banc process and an examination of the hearings en banc that did take place and their outcomes in the Supreme Court. Second is a discussion of the mini en banc, which is the practice of circulating opinions that serves as an abbreviated substitute for full en banc hearings. Third is an examination of the myriad opinions that have been inspired by the denials of rehearing en banc, with special attention to the …


Dealing With The Appellate Caseload Crisis: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner '56 Jan 2013

Dealing With The Appellate Caseload Crisis: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


How Well Do Measures Of Judicial Ability Translate Into Performance?, Mitu Gulati, Stephen J. Choi, Eric A. Posner Jan 2013

How Well Do Measures Of Judicial Ability Translate Into Performance?, Mitu Gulati, Stephen J. Choi, Eric A. Posner

Faculty Scholarship

Diverse measures are used as proxies for judicial ability, ranging from the college and law school a judge attended to the rate at which her decisions are cited by other judges. Yet there has been little serious examination of which of these ability measures is better or worse at predicting the quality of judicial performance—including the management and disposition of cases. In this article, we attempt to evaluate these measures of ability by examining a rich group of performance indicators. Our innovation is to derive performance measures from judicial decisions other than case outcomes (which are inherently difficult to evaluate): …


Judicial Attention As A Scarce Resource: A Preliminary Defense Of How Judges Allocate Time Across Cases In The Federal Courts Of Appeals, Marin K. Levy Jan 2013

Judicial Attention As A Scarce Resource: A Preliminary Defense Of How Judges Allocate Time Across Cases In The Federal Courts Of Appeals, Marin K. Levy

Faculty Scholarship

Federal appellate judges no longer have the time to hear argument and draft opinions in all of their cases. The average annual filing per active judgeship now stands at 330 filed cases per year — more than four times what it was sixty years ago. In response, judges have adopted case management strategies that effectively involve spending significantly less time on certain classes of cases than on others. Various scholars have decried this state of affairs, suggesting that the courts have created a “bifurcated” system of justice with “separate and unequal tracks.” These reformers propose altering the relevant constraints of …


The Politics Of Statutory Interpretation, Margaret H. Lemos Jan 2013

The Politics Of Statutory Interpretation, Margaret H. Lemos

Faculty Scholarship

In a new book, Reading Law: The Interpretation of Legal Texts, Justice Antonin Scalia and Bryan Garner describe and defend the textualist methodology for which Justice Scalia is famous. For Scalia and Garner, the normative appeal of textualism lies in its objectivity: by focusing on text, context, and canons of construction, textualism offers protection against ideological judging—a way to separate law from politics. Yet, as Scalia and Garner well know, textualism is widely regarded as a politically conservative methodology. The charge of conservative bias is more common than it is concrete, but it reflects the notion that textualism narrows the …