Harvard And Yale Ascendant: The Legal Education Of The Justices From Holmes To Kagan,
2010
Georgetown University Law Center
Harvard And Yale Ascendant: The Legal Education Of The Justices From Holmes To Kagan, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
With the nomination of Elena Kagan to be a justice of the United States Supreme Court, it is quite possible that eight of the nine justices will have graduated from only two law schools—Harvard and Yale. This article frames this development in the historical context of the legal education of those justices confirmed between 1902 and 2010. What this historical review makes clear is that the Ivy League dominance of the Supreme Court is a relatively recent occurrence whose beginnings can be traced to Antonin Scalia’s 1986 confirmation. Prior to that time, although Harvard and Yale were consistently represented among …
Litigation Strategies For Dealing With The Indigent Defense Crisis,
2010
University of Michigan Law School
Litigation Strategies For Dealing With The Indigent Defense Crisis, Eve Brensike Primus
Articles
The indigent defense delivery system in the United States is in a state of crisis. Public defenders routinely handle well over 1,000 cases a year, more than three times the number of cases that the American Bar Association says one attorney can handle effectively. As a result, many defendants sit in jail for months before even speaking to their court-appointed lawyers. And when defendants do meet their attorneys, they are often disappointed to learn that these lawyers are too overwhelmed to provide adequate representation. With public defenders or assigned counsel representing more than 80% of criminal defendants nationwide, the indigent …
The Functions Of Ethical Originalism,
2010
University of Michigan Law School
The Functions Of Ethical Originalism, Richard A. Primus
Articles
Supreme Court Justices frequently divide on questions of original meaning, and the divisions have a way of mapping what we might suspect are the Justices’ leanings about the merits of cases irrespective of originalist considerations. The same is true for law professors and other participants in constitutional discourse: people’s views of original constitutional meaning tend to align well with their (nonoriginalist) preferences for how present constitutional controversies should be resolved. To be sure, there are exceptions. Some people are better than others at suspending presentist considerations when examining historical materials, and some people are better than others at recognizing when …
Second Class Citizens: The Case Against Unequal Military Healthcare Benefits For Puerto Rican Veterans,
2010
Benjamin N. Cardozo School of Law
Second Class Citizens: The Case Against Unequal Military Healthcare Benefits For Puerto Rican Veterans, Mónica Matos-Desa
Cardozo Journal of Equal Rights & Social Justice
The note argues that Puerto Rican veterans and their families face unequal treatment under the TRICARE healthcare system due to Puerto Rico's status as an unincorporated territory. This inequality stems from historical legal frameworks that have perpetuated the notion of Puerto Ricans as second-class citizens, despite their significant contributions to the U.S. military. The note advocates for legislative changes to extend equal TRICARE Prime benefits to Puerto Rico, ensuring first-class citizenship for its residents.
The Doctrinal Side Of Majority Will,
2010
University of Richmond
The Doctrinal Side Of Majority Will, Corinna Barrett Lain
Law Faculty Publications
What is the Supreme Court's relationship with public opinion? Barry Friedman's answer in The Will of the People scours some 200 years of history to provide a distinctly political view of the Court, and the story he tells is compelling. Yet it is also incomplete. The Will of the People presents a largely external account of the law; it sees the influence of majority will as a force that moves outside the jurisprudence we lawyers spend so much of our time researching, writing, and talking about. By this account, there is what the Justices say is driving their decisionmaking-legal …
Fourth Circuit Judicial Appointments,
2010
University of Richmond
Fourth Circuit Judicial Appointments, Carl W. Tobias
Law Faculty Publications
Fourth Circuit judicial selection deserves an examination, which this Article undertakes. The first part investigates the background of the Fourth Circuit appointments process, emphasizing relevant developments throughout the Bush Administration. The second part descriptively and critically assesses nomination and confirmation in the Obama Administration. The third part derives lessons from the Fourth Circuit selection efforts by comparing them with Obama's national selection efforts and processes in other administrations. For example, all four Obama nominees are ethnic minorities or women and were sitting judges when nominated, and one is younger than fifty-five. Accordingly, their confirmation increases the appeals court's ethnic and …
Public Opinion And State Supreme Courts,
2010
William & Mary Law School
Public Opinion And State Supreme Courts, Neal Devins, Nicole Mansker
Faculty Publications
No abstract provided.
Finding Fault With Defaults: New York Courts' Inconsistent Application Of Issue Preclusion To Default Judgments,
2010
Benjamin N. Cardozo School of Law
Finding Fault With Defaults: New York Courts' Inconsistent Application Of Issue Preclusion To Default Judgments, David Noland
Cardozo Law Review
No abstract provided.
Judicial Disqualification: An Analysis Of Federal Law, Second Edition,
2010
Indiana University Maurer School of Law
Judicial Disqualification: An Analysis Of Federal Law, Second Edition, Charles G. Geyh
Books & Book Chapters by Maurer Faculty
Judicial Disqualification: An Analysis of Federal Law (second edition) outlines the statutory framework of federal judicial disqualification law under the statutes, 28 U.S.C. §§ 455, 144, 47, and 2106. The monograph substantially revises and expands on the first edition, and analyzes the case law, with a focus both on substantive disqualification standards and procedural requirements. It features a revised organizational structure and includes new material, as well as updated cases.
Integration Matters: Rethinking The Architecture Of International Dispute Resolution,
2010
University of Colorado Law School
Integration Matters: Rethinking The Architecture Of International Dispute Resolution, Anna Spain
Publications
International law promotes global peace and security by providing mechanisms for the pacific settlement of international disputes. This Article examines these mechanisms and their place in the architecture of the international dispute resolution ("IDR") system. The Article identifies three core deficiencies of the IDR system that limit its effectiveness and capacity. First, the international legal system has prioritized the development of adjudication over other forms of dispute resolution; the judicialization of international disputes and the proliferation of courts and tribunals evidence this. However, adjudication is limited in its capacity to resolve disputes that involve non-state parties and extra-legal issues. This …
Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution,
2010
BYU Law
Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore
Faculty Scholarship
No abstract provided.
Close Enough For Government Work: The Committee Rulemaking Game,
2010
BYU Law
Close Enough For Government Work: The Committee Rulemaking Game, Paul Stancil
Faculty Scholarship
Procedural rules in U.S. courts often have predictable and systemic substantive consequences. Yet the vast majority of procedural rules are drafted, debated, and ultimately enacted by a committee rulemaking process substantially removed from significant legislative or executive supervision. This Article explores the dynamics of the committee rulemaking process through a game-theoretical lens. The model reveals that inferior players in the committee rulemaking game - advisory committees, the Standing Committee on Rules of Practice and Procedure, the Judicial Conference and the Supreme Court - are sometimes able to arbitrage Congressional transaction costs to obtain results at odds with the results Congress …
Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges,
2010
University of Colorado Law School
Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff
Publications
This Article provides a summary of the law of tribal civil jurisdiction over persons who are not members of the governing tribe ("nonmembers'), followed by an analysis of trends in the lower courts. It was written to respond to a consensus view at the University of Colorado Law Review Symposium: "The Next Great Generation of American Indian Law Judges," in January 2010, that a concise, practical, yet in-depth treatment of this subject would be useful to the judiciary as well as practitioners. The Article traces the development of the Supreme Court's common law of tribal civil judicial jurisdiction from 1959 …
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants,
2010
William & Mary Law School
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Faculty Publications
No abstract provided.
Nationwide Personal Jurisdiction For Our Federal Courts,
2010
William & Mary Law School
Nationwide Personal Jurisdiction For Our Federal Courts, A. Benjamin Spencer
Faculty Publications
Rule 4 of the Federal Rules of Civil Procedure limits the territorial jurisdiction of federal district courts to that of the courts of their host states.T his limitation is a voluntary rather than obligatory restriction, given district courts' status as courts of the national sovereign. Although there are sound policy reasons for limiting the jurisdictional reach of our federal courts in this manner, the limitation delivers little benefit from a judicial administration or even a fairness perspective, and ultimately costs more to implement than is gained in return. The rule should be amended to provide that district courts have personal …
Giving Unconscionability More Muscle: Attorney's Fees As A Remedy For Contractual Overreaching,
2010
Widener University School of Law
Giving Unconscionability More Muscle: Attorney's Fees As A Remedy For Contractual Overreaching, Stephen E. Friedman
Georgia Law Review
This Article seeks to broaden the conversation about unconscionability. While most of the discussion has focused on the appropriate standard for determining unconscionability, this Article focuses on the appropriate remedy to be imposed when unconscionability is found. The current remedy for unconscionability is nonenforcement or limited enforcement of unconscionable contracts or contract terms. This remedy is inadequate and seriously undermines unconscionability's effectiveness as a tool for policing against contractual overreaching. The Article proposes that courts be given discretion to award attorney's fees to consumers who successfully establish the unconscionability of a standard form contract. Such a remedy would enable unconscionability …
