Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges,
2017
University of Richmond School of Law
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson
University of Richmond Law Review
No abstract provided.
The Missouri Student Transfer Program,
2017
University Missouri - St. Louis
The Missouri Student Transfer Program, Howard E. Fields Iii
Dissertations
In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.
The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close to …
Judicial Reform,
2017
St. John's University School of Law
Improving Judicial Administration By Repealing The Requirements For Three-Judge District Courts,
2017
St. John's University School of Law
Improving Judicial Administration By Repealing The Requirements For Three-Judge District Courts, Michael J. Mullen
The Catholic Lawyer
No abstract provided.
Stare Decisis And The Judicial Process,
2017
St. John's University School of Law
Stare Decisis And The Judicial Process, Edward D. Re
The Catholic Lawyer
No abstract provided.
The Constitution That Couldn’T: Examining The Implicit Imbalance Of Constitutional Power In The Context Of Nominations, And The Need For Its Remedy,
2017
Notre Dame Law School
The Constitution That Couldn’T: Examining The Implicit Imbalance Of Constitutional Power In The Context Of Nominations, And The Need For Its Remedy, James E. Britton
Journal of Legislation
No abstract provided.
Circuit Splits,
2017
Seton Hall University
First Impressions,
2017
Seton Hall University
May It Please The Court?: The Perils Of Correcting A Justice's Pronunciation,
2017
Seton Hall University
May It Please The Court?: The Perils Of Correcting A Justice's Pronunciation, James J. Duane
Seton Hall Circuit Review
No abstract provided.
Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency,
2017
Roger Williams University School of Law
Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan
Law School Blogs
No abstract provided.
It’S Time For An Intervention!: Resolving The Conflict Between Rule 24(A)(2) And Article Iii Standing,
2017
Fordham University School of Law
It’S Time For An Intervention!: Resolving The Conflict Between Rule 24(A)(2) And Article Iii Standing, Gregory R. Manring
Fordham Law Review
This Note argues that federal courts should employ an approach that is more related to maintaining the benefits of Rule 24 without running afoul of Article III—a task the yes-or-no approach is ill equipped to handle. Ultimately, an approach that is based on employing a standing analysis only where the Case or Controversy Clause is implicated anew allows the greatest access to the intervention device without running the risk of entertaining nonjusticiable disputes.
Law And Identifiability,
2017
Hebrew University of Jerusalem
Law And Identifiability, Daphna Lewinsohn-Zamir, Ilana Ritov, Tehila Kogut
Indiana Law Journal
Psychological studies have shown that people react either more generously or more punitively toward identified individuals than toward unidentified ones. This phenomenon, named the identifiability effect, has received little attention in the legal literature, despite its importance for the law. As a prime example, while legislators typically craft rules that would apply to unidentified people, judges ordinarily deal with identified individuals. The identifiability effect suggests that the outcomes of these two forms of lawmaking may differ, even when they pertain to similar facts and situations.
This Article is a preliminary investigation into the relevance of the identifiability effect for law …
Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court,
2017
University of Arkansas Little Rock
Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner
The Journal of Appellate Practice and Process
No abstract provided.
Narratives Of Self-Government In Making The Case,
2017
University of Arkansas Little Rock
Narratives Of Self-Government In Making The Case, Benjamin L. Berger
The Journal of Appellate Practice and Process
No abstract provided.
The Supreme Court’S Countermajoritarianism? What Impact Does Public Opinion Have On The Supreme Court Decisions?,
2017
Bemidji State University
The Supreme Court’S Countermajoritarianism? What Impact Does Public Opinion Have On The Supreme Court Decisions?, Evan Tompkins
Political Science Theses and Capstones
Although normative questions about the role of the Supreme Court as a countermajoritarian institution have been commonly debated in political science research, an updated empirical question on Mishler and Sheehan’s (1993), study on public opinion and its impact on the Court must be asked. It has been 25 years since the publication of their study and numerous high profile cases such as Bush v. Gore, Citizens United v. FEC, and Obergefell v. Hodges have brought nationwide attention to the Supreme Court and how it interacts with public opinion. Results from empirical measurements of the Supreme Court’s decisions and what impact …
Benchslaps,
2017
Washburn University School of Law
Benchslaps, Joseph P. Mastrosimone
Utah Law Review
The practice of judges issuing so-called benchslaps is growing both in popularity and concern. Such published decisions and orders seek to publicly shame lawyers for their alleged unethical or unprofessional lawyering. Legal blogs have picked up on this trend, celebrating and elevating benchslaps to become a part of legal popular culture. However, the practice of using embarrassing and belittling published decisions to punish or to deter unethical or professional conduct raises serious concerns that the issuing judge is violating his or her own ethical duties.
This Article criticizes the practice and concludes that it must end based on three arguments: …
Before Interpretation,
2017
University at Buffalo School of Law
Before Interpretation, Anya Bernstein
Journal Articles
What a statutory interpretation opinion interprets may seem given. It is not: this article shows how judges select what text to interpret. That text may seem to carry with it one of a limited range of contexts. It does not: this article shows how judges draw on a variety of factors to situate the texts they interpret in unique, case-specific contexts. Selecting and situating form the infrastructure of interpretation. Their creativity and choice provide the basis on which assertions of determinate meaning are made. That process reveals how contestation and indeterminacy permeate legal interpretation even as judicial opinions seek to …
The New Front In The Clean Air Wars: Fossil-Fuel Influence Over State Attorneys General- And How It Might Be Checked,
2017
University of Michigan Law School
The New Front In The Clean Air Wars: Fossil-Fuel Influence Over State Attorneys General- And How It Might Be Checked, Eli Savit
Michigan Law Review
Review of Struggling for Air: Power and the "War On Coal" by Richard L. Revesz and Jack Leinke, and Federalism on Trial: State Attorneys General and National Policymaking in Contemporary America by Paul Nolette.
Foreword: The Books Of Justices,
2017
Yale Law School
Foreword: The Books Of Justices, Linda Greenhouse
Michigan Law Review
For this Michigan Law Review issue devoted to recently published books about law, I thought it would be interesting to see what books made an appearance in the past year’s work of the Supreme Court. I catalogued every citation to every book in those forty opinions in order to see what patterns emerged: what books the justices cited, which justices cited which books, and what use they made of the citations. To begin with, I should define what I mean by “books". For the purposes of this Foreword, I excluded some types of reading matter that may have a book-like …
Justice Scalia And The Idea Of Judicial Restraint,
2017
Harvard Law School
Justice Scalia And The Idea Of Judicial Restraint, John F. Manning
Michigan Law Review
Review of A Matter of Interpretation: Federal Courts and the Law by Antonin Scalia .
