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
Unconstitutional Quartering, Governmental Immunity, And Van Halen's Brown M&M Test,
2015
University of Tennessee College of Law
Unconstitutional Quartering, Governmental Immunity, And Van Halen's Brown M&M Test, Tom W. Bell
Tennessee Law Review
The jurisprudence of the Third Amendment, which limits the quartering of troops in private homes, effectively consists of just one case: Engblom v. Carey.' But what a case! In addition to showcasing an unjustly neglected corner of our constitutional heritage, Engblom demonstrates the troubling effects of a dubious legal doctrine: governmental immunity. Though the court of appeals had held New York officials potentially liable for violating the Third Amendment when they had quartered National Guard troops in the dormitory rooms of striking prison guards, the lower court on remand in Engblom denied the plaintiffs a remedy. Why? Because throughout the …
A Word On The Third: Three Approaches To The Third Amendment's Place In Constitutional Rhetoric,
2015
University of Tennessee College of Law
A Word On The Third: Three Approaches To The Third Amendment's Place In Constitutional Rhetoric, Gabriel Latner
Tennessee Law Review
"War is not a courtesy but the most horrible thing in life; and we ought to understand that, and not play at war. We ought to accept this terrible necessity sternly and seriously."
"[The Constitutional Amendment prohibiting forced quartering except in times of] War, (ooh, yeah, good God y'all), what is it good for?"
- War & Peace by Leo Tolstoy and Edwin Starr
Are Houses Of Worship "House[S]" Under The Third Amendment?,
2015
University of Tennessee College of Law
Are Houses Of Worship "House[S]" Under The Third Amendment?, Eric Rassbach
Tennessee Law Review
No abstract provided.
Contents,
2015
University of Tennessee College of Law
Identifying The Culprit In Wrongful Convictions,
2015
University of Tennessee College of Law
Identifying The Culprit In Wrongful Convictions, Valena Elizabeth Beety
Tennessee Law Review
No abstract provided.
Subject Index,
2015
University of Tennessee College of Law
Table Of Cases,
2015
University of Tennessee College of Law
