Learning To Live With Judicial Partisanship: A Response To Cassandra Burke Robertson,
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,
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,
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,
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,
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,
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,
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,
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,
2018
Touro Law Center
Leon D. Lazer: The Giant Among Us,
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,
2018
Touro Law Center
Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine
Touro Law Review
No abstract provided.
Leon Lazer (1921-2018),
2018
Touro Law Center
One Judge's Legacy And The New York Court Of Appeals: Mr. Justice Cardozo And The Law Of Contracts,
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,
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,
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,
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,
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,
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,
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.
