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Learning To Live With Judicial Partisanship: A Response To Cassandra Burke Robertson, Bruce Green, Rebecca Roiphe 2018 New York Law School

Learning To Live With Judicial Partisanship: A Response To Cassandra Burke Robertson, Bruce Green, Rebecca Roiphe

Articles & Chapters

No abstract provided.


Studying The "New" Civil Judges, Anna Carpenter, Jessica Steinberg, Colleen Shanahan, Alyx Mark 2018 University of Oklahoma College of Law

Studying The "New" Civil Judges, Anna Carpenter, Jessica Steinberg, Colleen Shanahan, Alyx Mark

Faculty Articles

We know very little about the people and institutions that make up the bulk of the United States civil justice system: state judges and state courts. Our understanding of civil justice is based primarily on federal litigation and the decisions of appellate judges. Staggeringly little legal scholarship focuses on state courts and judges. We simply do not know what most judges are doing in their day-to-day courtroom roles or in their roles as institutional actors and managers of civil justice infrastructure. We know little about the factors that shape and influence judicial practices, let alone the consequences of those practices …


Taking Judicial Legitimacy Seriously, Luis Fuentes-Rohwer 2018 Indiana University Maurer School of Law

Taking Judicial Legitimacy Seriously, Luis Fuentes-Rohwer

Articles by Maurer Faculty

No abstract provided.


Judicial Selection And The Search For Middle Ground, Charles G. Geyh 2018 Indiana University Maurer School of Law

Judicial Selection And The Search For Middle Ground, Charles G. Geyh

Articles by Maurer Faculty

This Article seeks to transcend perennial election versus appointment debates-including debates over campaign finance and the impact of "dark money"-by taking a closer look at why judicial selection is a contentious mess and discussing how it might be fixed. First, I present the case for elective and appointive systems. Second, I show that the arguments for each system are exaggerated or flawed.Third, I explore why it has been hard for proponents of each system to perceive and acknowledge those exaggerations and flaws, and propose ways to narrow the divide. Although the divide can and should be narrowed, I conclude that …


The Law Of Nations And The Judicial Branch, Thomas H. Lee 2018 Fordham University School of Law

The Law Of Nations And The Judicial Branch, Thomas H. Lee

Faculty Scholarship

No abstract provided.


Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel 2018 University of Oklahoma College of Law

Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel

Oklahoma Law Review

No abstract provided.


Mindfulness Training For Judges: Mind Wandering And The Development Of Cognitive Resilience, Scott L. Rogers, Chris McAliley, Amishi P. Jha 2018 University of Miami School of Law

Mindfulness Training For Judges: Mind Wandering And The Development Of Cognitive Resilience, Scott L. Rogers, Chris Mcaliley, Amishi P. Jha

Articles

No abstract provided.


The Behavior Of Jewish Judges: A Theoretical Study Of Religious Decision-Making, Mark Goldfeder, Michael J. Broyde 2018 Touro University Jacob D. Fuchsberg Law Center

The Behavior Of Jewish Judges: A Theoretical Study Of Religious Decision-Making, Mark Goldfeder, Michael J. Broyde

Scholarly Works

No abstract provided.


A Tribute To Judge Lazer, Eileen Kaufman 2018 Touro Law Center

A Tribute To Judge Lazer, Eileen Kaufman

Touro Law Review

No abstract provided.


Leon D. Lazer: The Giant Among Us, Howard Glickstein 2018 Touro Law Center

Leon D. Lazer: The Giant Among Us, Howard Glickstein

Touro Law Review

No abstract provided.


Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine 2018 Touro Law Center

Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine

Touro Law Review

No abstract provided.


Leon Lazer (1921-2018), Jeffrey B. Morris 2018 Touro Law Center

Leon Lazer (1921-2018), Jeffrey B. Morris

Touro Law Review

No abstract provided.


One Judge's Legacy And The New York Court Of Appeals: Mr. Justice Cardozo And The Law Of Contracts, Meredith R. Miller 2018 Touro Law Center

One Judge's Legacy And The New York Court Of Appeals: Mr. Justice Cardozo And The Law Of Contracts, Meredith R. Miller

Touro Law Review

No abstract provided.


Strategic Publication, Ben Grunwald 2018 Duke Law School

Strategic Publication, Ben Grunwald

Faculty Scholarship

Under the standard account of judicial behavior when a panel of appellate court judges cannot agree on the outcome of a case, the panel has two options. First, it can publish a divided decision with a majority opinion and a dissent. Panels usually do not take this route because a dissent dramatically increases the probability of reversal. The second and more common option is for the panel to bargain and compromise over the reasoning of the decision and then publish a unanimous opinion.

This Article argues that a divided panel has a third option: strategic publication. The panel can choose …


Constitutional Preservation And The Judicial Review Of Partisan Gerrymanders, Edward B. Foley 2018 Ohio State University Moritz College of Law

Constitutional Preservation And The Judicial Review Of Partisan Gerrymanders, Edward B. Foley

Georgia Law Review

This Essay makes three contributions to the debate
over whether the Constitution contains a judicially
enforceable constrain on gerrymanders. First,it directly
tackles the Chief Justice'sfear of thejudiciaryappearing
partisan,observing that the same fear would exist if the
Constitution explicitly banned gerrymanders and
explaining why an implicit ban should be no less
judicially enforceable than an explicit ban under
Marbury v. Madison. Second, invoking the idea of
"institutional forbearance" in the important new book
How Democracies Die, the Essay shows how the
Elections Clause can be construed to protect
congressional districting from abuses of legislative
discretion committed by state legislatures. Together,
these …


Learning To Live With Judicial Partisanship: A Response To Cassandra Burke Robertson, Bruce A. Green, Rebecca Roiphe 2018 Fordham University School of Law

Learning To Live With Judicial Partisanship: A Response To Cassandra Burke Robertson, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

No abstract provided.


Twitter And The #So-Calledjudge, Elizabeth G. Thornburg 2018 Southern Methodist University, Dedman School of Law

Twitter And The #So-Calledjudge, Elizabeth G. Thornburg

SMU Law Review

Two-hundred-eighty characters may be insufficient to deliver a treatise on the judiciary, but it is more than enough to deliver criticism of the third branch of government. Today, these tweeted critiques sometimes come not from the general public but from the President himself. Attacks such as these come at a challenging time for court systems. We live in a highly politicized, polarized society. This polarization is reflected in attitudes toward the courts, particularly the federal courts. Unfortunately, public doubts about the court system come at a time when public understanding of the structure of government, and especially the court system, …


Studying The "New" Civil Judges, Anna E. Carpenter, Jessica K. Steinberg, Colleen F. Shanahan, Alyx Mark 2018 University of Tulsa College of Law

Studying The "New" Civil Judges, Anna E. Carpenter, Jessica K. Steinberg, Colleen F. Shanahan, Alyx Mark

Articles, Chapters in Books and Other Contributions to Scholarly Works

We know very little about the people and institutions that make up the bulk of the United States civil justice system: state judges and state courts.Our understanding of civil justice is based primarily on federal litigationand the decisions of appellate judges. Staggeringly little legalscholarship focuses on state courts and judges. We imply do not know what mostjudges are doing in their day-to-day courtroom roles or in their roles asinstitutional actors and managers of civil justice infrastructure. We know little about the factors that shape and influence judicial practices, let alone the consequences of those practices for courts, litigants, and the …


Cardozo's "Law And Literature": A Guide To His Judicial Writing Style, Richard H. Weisberg 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?, Emma C. Greger 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.


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