Religious Tribunals And Secular Courts: Navigating Power And Powerlessness,
2015
Pepperdine University
Religious Tribunals And Secular Courts: Navigating Power And Powerlessness, Michelle Greenberg-Kobrin
Pepperdine Law Review
In this article, the author discusses the ways such as common law, and contracts employed by religious systems for navigating their relationship with legal systems of secular states. Topics discussed include the role of religious contracts in helping religious systems negotiate with secularism, the role of religious contracts in protecting autonomy of religious systems, and the structure of marriage and divorce in Jewish law.
Introduction: Religious Law In The 21st Century,
2015
Pepperdine University
Introduction: Religious Law In The 21st Century, Michael A. Helfand
Pepperdine Law Review
An introduction is presented in which the editor discusses various articles present in symposium including role of the U.S. courts in interpreting religious laws, practice of religious laws in secular states, and political, and legal structures of Jewish and Islamic identities.
Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines,
2015
Jenner & Block
Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen
Georgia Journal of International & Comparative Law
No abstract provided.
Newsroom: Meet 'Tenth Justice': Solicitor General Verrilli,
2015
Roger Williams University
Newsroom: Meet 'Tenth Justice': Solicitor General Verrilli, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Post-Sentencing Appellate Waivers,
2015
Indiana University Robert H. McKinney
School of Law
Post-Sentencing Appellate Waivers, Kevin Bennardo
University of Michigan Journal of Law Reform
A sentencing appellate waiver is a criminal defendant’s promise not to appeal her sentence. These provisions routinely appear in federal defendants’ plea agreements. With a few narrow exceptions, a knowing and voluntary sentencing appellate waiver bars a defendant from appealing all issues within the waiver’s scope. Using models of judicial behavior and empirical studies, this Article argues that the inclusion of sentencing appellate waivers in plea agreements creates bargaining inefficiencies and removes important incentives from the sentencing process. As a solution, the Article proposes that sentencing appellate waivers should take the form of separate post-sentencing agreements.
The Case For Prosecuting Arms Traffickers In The International Criminal Court,
2015
Benjamin N. Cardozo School of Law
The Case For Prosecuting Arms Traffickers In The International Criminal Court, Leigh Rome
Cardozo Law Review
No abstract provided.
The New Old Legal Realism,
2015
Northwestern Pritzker School of Law
The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley
Northwestern University Law Review
No abstract provided.
Diversifying The Federal Bench: Is Universal Legitimacy For The U.S. Justice System Possible?,
2015
Northwestern Pritzker School of Law
Diversifying The Federal Bench: Is Universal Legitimacy For The U.S. Justice System Possible?, Nancy Scherer
Northwestern University Law Review
No abstract provided.
Realism About Judges,
2015
Northwestern Pritzker School of Law
Realism About Judges, Richard A. Posner
Northwestern University Law Review
No abstract provided.
Beyond Principal-Agent Theories: Law And The Judicial Hierarchy,
2015
Northwestern Pritzker School of Law
Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline T. Kim
Northwestern University Law Review
No abstract provided.
Trending@Rwu Law: Professor Jared Goldstein's Post: A Fireside Chat With Solicitor General Donald Verrilli, Jr.,
2015
Roger Williams University School of Law
Trending@Rwu Law: Professor Jared Goldstein's Post: A Fireside Chat With Solicitor General Donald Verrilli, Jr., Jared Goldstein
Law School Blogs
No abstract provided.
A New And Old Theory For Adjudicating Standardized Contracts,
2015
University of Georgia School of Law
A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thürmann
Georgia Journal of International & Comparative Law
No abstract provided.
Forum: American Acceptance Of The Jurisdiction Of The International Court Of Justice: Experiences And Prospects,
2015
University of Georgia School of Law
Forum: American Acceptance Of The Jurisdiction Of The International Court Of Justice: Experiences And Prospects, Louis B. Sohn, Dean Rusk, Gabriel M. Wilner
Georgia Journal of International & Comparative Law
No abstract provided.
The Chief Justice, The Appointment Of Inferior Officers, And The "Court Of Law" Requirement,
2015
Northwestern Pritzker School of Law
The Chief Justice, The Appointment Of Inferior Officers, And The "Court Of Law" Requirement, James E. Pfander
Northwestern University Law Review
In addition to his judicial duties, the Chief Justice presides over a sprawling judicial bureaucracy. Each year, the Chief fills positions within that bureaucracy, designating Article III judges to various specialty courts and appointing such officers as the director of the Administrative Office of the U.S. Courts. Although critics worry that the Chief may use his appointment role to shape Third Branch policy unduly, scholars view the role as constitutionally benign. This Article questions the Chief’s role. The Constitution authorizes Congress to vest the appointment of inferior officers in the “courts of law” but not the Chief Justice. History teaches …
A Typology Of Judging Styles,
2015
Northwestern Pritzker School of Law
A Typology Of Judging Styles, Corey Rayburn Yung
Northwestern University Law Review
This Article calls into question the fundamental premises of models of judicial decisionmaking utilized by legal and political science scholars. In the place of the predominant theories, I offer a new approach to understanding judicial behavior which recognizes judicial heterogeneity, multidimensional behavior, and interconnectedness among judges at different levels within the judiciary. The study utilizes a unique dataset of over 30,000 judicial votes from eleven courts of appeals in 2008, yielding statistically independent measures for judicial activism, ideology, independence, and partisanship. Based upon those four metrics, statistical cluster analysis is used to identify nine statistically distinct judging styles: Trailblazing, Consensus …
The Rise Of Judicial Governance In The Supreme Court Of India,
2015
University at Buffalo School of Law
The Rise Of Judicial Governance In The Supreme Court Of India, Manoj Mate
Journal Articles
This article analyzes how the Supreme Court of India, through its activism and assertiveness, has emerged as arguably the most powerful court among democratic polities. Over the past four and a half decades, the Court dramatically expanded its role in the realm of rights and governance, asserting the power to invalidate constitutional amendments under the basic structure doctrine, control judicial appointments, and govern in the areas of environmental policy, monitoring and investigating government corruption, and promoting electoral transparency and accountability. In this article, I argue that the Court’s shift toward greater, yet selective, assertiveness in India’s governance can most adequately …
Morris V. Allen And The Lost History Of The Anti-Injunction Act Of 1793,
2015
Northwestern Pritzker School of Law
Morris V. Allen And The Lost History Of The Anti-Injunction Act Of 1793, James E. Pfander, Nassim Nazemi
Northwestern University Law Review
No abstract provided.
Public Interest Lawyering & Judicial Politics: Four Cases Worth A Second Look In Williams-Yulee V. The Florida Bar,
2015
CUNY School of Law
Public Interest Lawyering & Judicial Politics: Four Cases Worth A Second Look In Williams-Yulee V. The Florida Bar, Ruthann Robson
Publications and Research
This "First Look" Essay argues that the Court should consider public interest lawyering when it decides a First Amendment challenge to the Canon prohibiting judicial candidates from soliciting money in Williams-Yulee v. The Florida Bar. It suggests that four cases are worth a "second look": Republican Party of Minnesota v. White (2002); Caperton v. A.T. Massey Coal Co. (2009); Shelley v. Kraemer (1948); and a Florida Supreme Court case involving discipline of a judge, In re Hawkins.
The Protection Of Conscience: On Aca, Rfra And Free Exercise Guarantees,
2015
University of Tennessee College of Law
The Protection Of Conscience: On Aca, Rfra And Free Exercise Guarantees, Mark Strasser
Tennessee Law Review
No abstract provided.
Contents,
2015
University of Tennessee College of Law
