Editors' Introduction,
2017
New York Law School
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism,
2017
New York Law School
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
Trial And Error: Lawyers And Nonlawyer Advocates,
2017
University of Oklahoma College of Law
Trial And Error: Lawyers And Nonlawyer Advocates, Anna Carpenter, Alyx Mark, Colleen Shanahan
Faculty Articles
Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as elements …
Active Judging And Access To Justice,
2017
University of Oklahoma College of Law
Active Judging And Access To Justice, Anna Carpenter
Faculty Articles
"Being a good judge in this environment means unlearning what you learned in law school about what a judge is supposed to do. Fairness is doing things a federal judge would never do.” Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts. Despite growing support for active judging as an access to justice intervention, we know little, empirically, about how judges interact with pro se parties as a general matter, and even less about …
Judicial Power, The Judicial Power Project And The Uk,
2017
Indiana University Maurer School of Law
Judicial Power, The Judicial Power Project And The Uk, Paul Craig
Articles by Maurer Faculty
It is axiomatic that all power requires justification, and that is equally true for judicial power as for other species thereof. This article is primarily concerned with judicial power in the UK. The subject will be approached through consideration of the Judicial Power Project, which has been critical of the courts, much of this being sharp-edged, and fierce. There is repeated talk of judicial overreach and consequent legitimacy crisis, as the courts are said to encroach on terrain that is properly the preserve of the political branch of government.
It is by the same token important that the critics are …
A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis D. Brandeis?,
2017
Touro University Jacob D. Fuchsberg Law Center
A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis D. Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab
Touro Law Review
No abstract provided.
Table Of Contents,
2017
Touro University Jacob D. Fuchsberg Law Center
Foreword To The Conference: Louis D. Brandeis: An Interdisciplinary Retrospective,
2017
Touro Law Center
Foreword To The Conference: Louis D. Brandeis: An Interdisciplinary Retrospective, Samuel J. Levine
Touro Law Review
On March 31-April 1, 2016, Touro Law Center and the Jewish Law Institute hosted a national conference: Louis D. Brandeis: An Interdisciplinary Retrospective. More than thirty judges, lawyers, and scholars, across a broad range of disciplines and hailing from across the United States, explored a variety of themes that included, among others: Brandeis’s groundbreaking work as a lawyer and a scholar; his commitment to his Jewish heritage; his historic appointment to the United States Supreme Court; and his jurisprudence on the Court. In addition to the timeless quality of these themes, the timing of the conference was significant, taking place …
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism,
2017
Touro University Jacob D. Fuchsberg Law Center
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
Touro Law Review
No abstract provided.
Justice Brandeis And Railroad Accidents: Fairness, Uniformity And Consistency,
2017
Touro University Jacob D. Fuchsberg Law Center
Justice Brandeis And Railroad Accidents: Fairness, Uniformity And Consistency, Larry Zacharias
Touro Law Review
No abstract provided.
Solving A Mystery: Justice Brandeis’ Approach To Judicial Decision-Making,
2017
Touro University Jacob D. Fuchsberg Law Center
Solving A Mystery: Justice Brandeis’ Approach To Judicial Decision-Making, Judge Kermit V. Lipez
Touro Law Review
No abstract provided.
Justice Brandeis And Civic Duty In A Pluralistic Society,
2017
Touro University Jacob D. Fuchsberg Law Center
Justice Brandeis And Civic Duty In A Pluralistic Society, Joel K. Goldstein
Touro Law Review
No abstract provided.
The Continuing Vitality Of Louis D. Brandeis’S Free Expression Jurisprudence,
2017
Touro University Jacob D. Fuchsberg Law Center
The Continuing Vitality Of Louis D. Brandeis’S Free Expression Jurisprudence, Frederick M. Lawrence
Touro Law Review
No abstract provided.
Louis Brandeis’S Arc Of Moral Justice,
2017
Touro University Jacob D. Fuchsberg Law Center
Louis Brandeis’S Arc Of Moral Justice, Katherine A. Helm
Touro Law Review
No abstract provided.
Justice Scalia, Originalism And Textualism,
2017
Touro Law Center
Justice Scalia, Originalism And Textualism, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States,
2017
Touro University Jacob D. Fuchsberg Law Center
Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow
Touro Law Review
No abstract provided.
Louis Brandeis And Contemporary Antitrust Enforcement,
2017
Touro University Jacob D. Fuchsberg Law Center
Louis Brandeis And Contemporary Antitrust Enforcement, Kenneth G. Elzinga, Micah Webber
Touro Law Review
No abstract provided.
Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?,
2017
Texas A&M University School of Law
Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney
Touro Law Review
No abstract provided.
A Progressive Mind: Louis D. Brandeis And The Origins Of Free Speech,
2017
Touro University Jacob D. Fuchsberg Law Center
A Progressive Mind: Louis D. Brandeis And The Origins Of Free Speech, Elizabeth Todd Byron
Touro Law Review
No abstract provided.
Louis Brandeis’S Vision Of Light And Justice As Articulated On The Side Of A Coffee Mug,
2017
Touro University Jacob D. Fuchsberg Law Center
Louis Brandeis’S Vision Of Light And Justice As Articulated On The Side Of A Coffee Mug, Randy Lee
Touro Law Review
No abstract provided.
