Judges Commons^™

Table Of Contents

The Judges' Book

No abstract provided.

Corporate Law: Resolution Triggers For Systematically Important Financial Institutions, John Crawford

The Judges' Book

No abstract provided.

Constitutional Law: Funding Restrictions And Separation Of Powers, Zachary S. Price

The Judges' Book

No abstract provided.

Health Law: Sb 17 And State Regulation Of Drug Pricing, Jaime S. King, Katherine L. Gudiksen

The Judges' Book

No abstract provided.

Immunization Law: Litigating Alternative Facts, Dorit Rubinstein Reiss

The Judges' Book

No abstract provided.

Civil Procedure: Personal Jurisdiction And Aggregation, Scott Dodson

The Judges' Book

No abstract provided.

Civil Procedure: Personal Jurisdiction And Aliens, Scott Dodson

The Judges' Book

No abstract provided.

Public Lands: Are U.S. Public Lands Unconstitutional?, John D. Leshy

The Judges' Book

No abstract provided.

Tax Law: Problems With Abandoning The Full-Deduction Rule, Manoj Viswanathan

The Judges' Book

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Appendix: Notable Faculty Scholarship In 2018

The Judges' Book

No abstract provided.

What Would Justice Brennan Say To Justice Thomas, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Judicial Activism In Trial Courts, Bruce Green, Rebecca Roiphe

Articles & Chapters

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Considering Reconsidering Judicial Independence, Charles G. Geyh

Articles by Maurer Faculty

In Reconsidering Judicial Independence, Professor Stephen Burbank revisits the nature of the relationship between judicial independence and judicial accountability—a relationship that he has elucidated over the course of an illustrious career. As Burbank emphasizes, the continuing success of this dichotomy depends on preserving a balance between its halves. But forces generations in the making have led to a new assault on the independence of the judiciary in the age of Trump, which has put the future of the independence–accountability balance in doubt. The age-old rule-of-law paradigm, which posits that independent judges put aside their personal biases and follow the law, …

(Un)Conscious Judging, Elizabeth Thornburg

Faculty Journal Articles and Book Chapters

Fact inferences made by the trial judge are the lynchpin of civil litigation. If inferences were a matter of universally held logical deductions, this would not be troubling. Inferences, however, are deeply contestable conclusions that vary from judge to judge. Non-conscious psychological phenomena can lead to flawed reasoning, implicit bias, and culturally influenced perceptions. Inferences differ significantly, and they matter. Given the homogeneous makeup of the judiciary, this is a significant concern.

This Article will demonstrate the ubiquity, importance, and variability of inferences by examining actual cases in which trial and appellate (or majority and dissenting) judges draw quite different …

Finding Law, Stephen E. Sachs

Faculty Scholarship

That the judge's task is to find the law, not to make it, was once a commonplace of our legal culture. Today, decades after Erie, the idea of a common law discovered by judges is commonly dismissed -- as a "fallacy," an "illusion," a "brooding omnipresence in the sky." That dismissive view is wrong. Expecting judges to find unwritten law is no childish fiction of the benighted past, but a real and plausible option for a modern legal system.

This Essay seeks to restore the respectability of finding law, in part by responding to two criticisms made by Erie and …

Supreme Court As Superweapon: A Response To Epps & Sitaraman, Stephen E. Sachs

Faculty Scholarship

Is the Supreme Court's legitimacy in crisis? Daniel Epps and Ganesh Sitaraman argue that it is. In their Feature, How to Save the Supreme Court, they suggest legally radical reforms to restore a politically moderate Court. Unfortunately, their proposals might destroy the Court's legitimacy in order to save it. And their case that there is any crisis may fail to persuade a reader with different legal or political priors. If the Supreme Court needs saving, it will be saving from itself, and from too broad a conception of its own legal omnipotence. A Court that seems unbound by legal principle …

The Emergence Of The American Constitutional Law Tradition, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Stevens, J., Dissenting: The Legacy Of Heller, Joseph Blocher, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

Visiting Judges, Marin K. Levy

Faculty Scholarship

Despite the fact that Article III judges hold particular seats on particular courts, the federal system rests on judicial interchangeability. Hundreds of judges “visit” other courts each year and collectively help decide thousands of appeals. Anyone from a retired Supreme Court Justice to a judge from the U.S. Court of International Trade to a district judge from out of circuit may come and hear cases on a given court of appeals. Although much has been written about the structure of the federal courts and the nature of Article III judgeships, little attention has been paid to the phenomenon of “sitting …

Regulating Prosecutors’ Courtroom Misconduct, Bruce A. Green

Faculty Scholarship

Trial prosecutors’ visible misbehavior, such as improper questioning of witnesses and improper jury arguments, may not seem momentous. Sometimes, the improprieties are simply the product of poor training or overenthusiasm. In many cases, they pass unremarked. As the Chicago Eight trial illustrated, trial prosecutors’ improprieties may also be overshadowed by the excesses of other trial participants—the witnesses, the defendants, the defense lawyers, or even the trial judge. And when noticed, prosecutors’ trial misbehavior can ordinarily be remedied, and then restrained, by a capable trial judge. It is little wonder that disciplinary authorities, having bigger fish to fry, are virtually indifferent …