Two New York Tax Cases,
2018
Touro University Jacob D. Fuchsberg Law Center
Cardozo's "Law And Literature": A Guide To His Judicial Writing Style,
2018
Touro University Jacob D. Fuchsberg Law Center
Cardozo's "Law And Literature": A Guide To His Judicial Writing Style, Richard H. Weisberg
Touro Law Review
No abstract provided.
Cardozo’S Freudian Slips,
2018
Touro University Jacob D. Fuchsberg Law Center
A Demanding Boss,
2018
Touro Law Center
A Tribute To Leon Lazer,
2018
Touro Law Center
Cardozo On The Supreme Court: Meeting High Expectations,
2018
Touro University Jacob D. Fuchsberg Law Center
Cardozo On The Supreme Court: Meeting High Expectations, Richard D. Friedman
Touro Law Review
No abstract provided.
The Difficulty Of Discerning The Effect Of Neuroscience: A Peer Commentary Of Shen Et Al. 2018,
2018
University of Georgia School of Law
The Difficulty Of Discerning The Effect Of Neuroscience: A Peer Commentary Of Shen Et Al. 2018, John B. Meixner Jr.
Scholarly Works
Neuroscience is often considered to have a certain ‘seductive allure’.1 Its mystique should not besurprising. Seeking to understand the network of nearly 100 billion neurons that make up the human brain, neuroscience examines some of the most difficult questions imaginable. And yet, it is also a deeply personal discipline—questions like, ‘How do we create memories?’ and ‘What causes emotions?’ touch on experiences shared by all people.
Does the mystique of neuroscience cause individuals to ascribe undue weight to neuroscientific findings, or assume that neuroimages indicate research quality? Over the past decade, a literature has sprung up seeking to answer questions …
Deterrence,
2018
University of Houston Law Center
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process,
2018
St. Mary's University
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon
St. Mary's Law Journal
Abstract forthcoming
Cardozo's "Law And Literature": A Guide To His Judicial Writing Style,
2018
Benjamin N. Cardozo School of Law
Cardozo's "Law And Literature": A Guide To His Judicial Writing Style, Richard H. Weisberg
Articles
The article discusses Benjamin N. Cardozo's essay "Law and Literature," which emphasizes the essential unity of style and substance in legal writing. Cardozo argues against the notion that law and literature are separate domains, asserting that effective legal communication requires a harmonious integration of form and function. He advocates for a judicial writing style that prioritizes clarity, precision, and the "magisterial" approach, which eschews ornamentation in favor of substance.
Rapid Dna Testing And Virginia's Rape Kit Backlog: A Double-Edged Sword Masquerading As A Miracle, Or The Future Of Forensic Analysis?,
2018
University of Richmond - School of Law
Rapid Dna Testing And Virginia's Rape Kit Backlog: A Double-Edged Sword Masquerading As A Miracle, Or The Future Of Forensic Analysis?, Emma C. Greger
Law Student Publications
While Rapid DNA technology has the potential to revolutionize every aspect of the criminal justice system, from arrest to the postconviction appeals process, there has been particular excitement centered around its potential to reduce the rape kit backlog.
Amending Codes Of Judicial Conduct To Impose Campaign Contribution And Expenditure Limits On Judicial Campaigns,
2018
University of Washington School of Law
Amending Codes Of Judicial Conduct To Impose Campaign Contribution And Expenditure Limits On Judicial Campaigns, Hugh D. Spitzer, Philip A. Talmadge
Articles
Every judicial campaign year, millions of dollars pour into individual court races around the country. The bulk of that money is donated by lawyers, businesses, and others with financial interests in how judges, especially appellate judges, decide cases. United States Supreme Court rulings on political contributions and spending have hamstrung the ability of states to control larges-cale expenditures in judicial races. This essay reviews empirical research by political scientists who have documented the effect of large campaign donations on how judges decide cases and on the public's perception of court impartiality. It describes how legislatures and courts have addressed (or …
Kennedy’S Last Term: A Report On The 2017–2018 Supreme Court,
2018
The Catholic University of America, Columbus School of Law
Kennedy’S Last Term: A Report On The 2017–2018 Supreme Court, Kevin C. Walsh, Marc O. Degirolami
Scholarly Articles
Twenty-eighteen brought the end of Justice Anthony Kennedy’s tenure on the Supreme Court. We are now entering a period of uncertainty about American constitutional law. Will we remain on the trajectory of the last half-century? Or will the Court move in a different direction?
The character of the Supreme Court in closely divided cases is often a function of the median justice. The new median justice will be Chief Justice John Roberts if Kennedy’s replacement is a conservative likely to vote most often with Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito. This will mark a new phase of the …
Heretical Archives: Heterotopic Institutions And Fictive Records,
2018
Benjamin N. Cardozo School of Law
Heretical Archives: Heterotopic Institutions And Fictive Records, Peter Goodrich
Articles
No abstract provided.
Court Capture,
2018
S.J. Quinney College of Law, University of Utah
Court Capture, Jonas Anderson
Utah Law Faculty Scholarship
Capture — the notion that a federal agency can become controlled by the industry the agency is supposed to be regulating — is a fundamental concern for administrative law scholars. Surprisingly, however, no thorough treatment of how capture theory applies to the federal judiciary has been done. The few scholars who have attempted to apply the insights of capture theory to federal courts have generally concluded that the federal courts are insulated from capture concerns.
This Article challenges the notion that the federal courts cannot be captured. It makes two primary arguments. As an initial matter, this Article makes the …
Court Capture,
2018
American University Washington College of Law
Court Capture, Jonas Anderson
Scholarly Articles in Law Reviews & Journals
Capture — the notion that a federal agency can become controlled by the industry the agency is supposed to be regulating — is a fundamental concern for administrative law scholars. Surprisingly, however, no thorough treatment of how capture theory applies to the federal judiciary has been done. The few scholars who have attempted to apply the insights of capture theory to federal courts have generally concluded that the federal courts are insulated from capture concerns.
This Article challenges the notion that the federal courts cannot be captured. It makes two primary arguments. As an initial matter, this Article makes the …
Adrenaline Of Excellence: The Career Of Judge Gerald Bruce Lee,
2018
American University Washington College of Law
Adrenaline Of Excellence: The Career Of Judge Gerald Bruce Lee, Claudio Grossman, Andrew Popper
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Political Question Disconnects,
2018
American University Washington College of Law
Political Question Disconnects, Elizabeth Earle Beske
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules?,
2018
American University Washington College of Law
Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules?, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
The classic version of the exhaustion-of-remedies requirement generally requires a party to go through all the stages of an administrative adjudication before going to court. However, the doctrine has developed a new permutation, covering situations where a petitioner for judicial review did follow all the steps of the administrative appeals process, but had failed to raise in that process the issues now sought to be litigated in court. In those cases, which have been called “issue exhaustion” cases, the thwarted petitioner will likely be out of luck since normally there is no further opportunity to raise the issue at the …
Sg's Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It,
2018
American University Washington College of Law
Sg's Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
No abstract provided.
