Newsroom: Margulies Cited On Military Commissions 11-04-2016,
2016
Roger Williams University School of Law
Newsroom: Margulies Cited On Military Commissions 11-04-2016, Peter S. Margulies
Life of the Law School (1993- )
No abstract provided.
Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom,
2016
Stanford Program in Neuroscience and Society at Stanford Law School
Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz
The University of New Hampshire Law Review
The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic associations between race and guilt, as well as impact the way in which judges and jurors interpret information throughout a trial. Despite the well-documented presence of implicit racial biases, few steps have been taken to ameliorate the problem in the courtroom setting. This Article discusses the …
A Tribute To The Honorable Lynn A. Battaglia,
2016
University of Maryland Francis King Carey School of Law
A Tribute To The Honorable Lynn A. Battaglia, Mary Ellen Barbera, Andrea Leahy, Thomas E. Lynch Iii, William L. Reynolds
Maryland Law Review
No abstract provided.
A Tribute To The Honorable Glenn T. Harrell, Jr.,
2016
University of Maryland Francis King Carey School of Law
A Tribute To The Honorable Glenn T. Harrell, Jr., Mary Ellen Barbera, James A. Kenney Iii, Steven I. Platt, Robert A. Zarnoch
Maryland Law Review
No abstract provided.
Clark Memorandum: Fall 2016,
2016
Brigham Young University Law School
Clark Memorandum: Fall 2016, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- To Shoot the Moon: A Conversation with D. Gordon Smith, Eighth Dean of the BYU Law School
- The Lord is Good to Me: Thoughts on Humility, Gratitude, and Happiness (Kent A. Jordan)
- Think About It: The Value of Law School (Ruth Lybbert Renlund)
- A Wyoming Cowgirl's Path to the Bench (M. Margaret McKeown)
Issue 1: Table Of Contents,
2016
University of Richmond
In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread,
2016
University of Richmond School of Law
In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker
University of Richmond Law Review
No abstract provided.
Amendment Creep,
2016
University of Arkansas School of Law
Amendment Creep, Jonathan L. Marshfield
Michigan Law Review
To most lawyers and judges, constitutional amendment rules are nothing more than the technical guidelines for changing a constitution’s text. But amendment rules contain a great deal of substance that can be relevant to deciding myriad constitutional issues. Indeed, judges have explicitly drawn on amendment rules when deciding issues as far afield as immigration, criminal procedure, free speech, and education policy. The Supreme Court, for example, has reasoned that, because Article V of the U.S. Constitution places no substantive limitations on formal amendment, the First Amendment must protect even the most revolutionary political viewpoints. At the state level, courts have …
Grow Up Virginia: Time To Change Our Filial Responsibility Law,
2016
University of Richmond School of Law
Grow Up Virginia: Time To Change Our Filial Responsibility Law, Sylvia Macon
University of Richmond Law Review
No abstract provided.
Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes: Bigger And Better Than Ever: October 12, 2016,
2016
Roger Williams University School of Law
Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes: Bigger And Better Than Ever: October 12, 2016, Brittani Mulholland
Law School Blogs
No abstract provided.
Note: Canons Of Judicial Ethics - Extra Judicial Activities,
2016
St. John's University School of Law
Note: Canons Of Judicial Ethics - Extra Judicial Activities
The Catholic Lawyer
No abstract provided.
The Distinctive Role Of Justice Samuel Alito: From A Politics Of Restoration To A Politics Of Dissent,
2016
Texas A&M University School of Law
The Distinctive Role Of Justice Samuel Alito: From A Politics Of Restoration To A Politics Of Dissent, Neil S. Siegel
Faculty Scholarship
Justice Samuel Alito is regarded by both his champions and his critics as the most consistently conservative member of the current Supreme Court. Both groups seem to agree that he has become the most important conservative voice on the Court. Chief Justice John Roberts has a Court to lead; Justice Antonin Scalia and his particular brand of originalism have passed on; Justice Clarence Thomas is a stricter originalist and so writes opinions that other Justices do not join; and Justice Anthony Kennedy can be ideologically unreliable. Justice Alito, by contrast, is unburdened by the perceived responsibilities of being Chief Justice, …
Infrequently Asked Questions,
2016
University of Arkansas Little Rock
Infrequently Asked Questions, Edward T. Swaine
The Journal of Appellate Practice and Process
If appellate advocates could hear from courts about topics that might be raised during oral argument—as opposed to relying solely on their ability to anticipate the issues—might their answers be better? That seems likely, but it is unlikely that research could confirm that, as judicial practice overwhelmingly favors impromptu questioning. Spontaneity may be harmless if the question was predictable, or unavoidable if a judge just thought of the question. But sometimes advocates have to answer challenging questions concerning the law, facts, or implications of a position—questions that help decide the case, either due to the quality of the answer or …
The First Amendment And The Police In The Digital Age,
2016
University of Arkansas Little Rock
The First Amendment And The Police In The Digital Age, Kermit V. Lipez
The Journal of Appellate Practice and Process
No abstract provided.
The Sec, Administrative Usurpation, And Insider Trading,
2016
University of Michigan Law School
The Sec, Administrative Usurpation, And Insider Trading, Adam C. Pritchard
Articles
The history of insider trading law is a tale of administrative usurpation and legislative acquiescence. Congress has never enacted a prohibition against insider trading, much less defined it. Instead, the SEC has led in defining insider trading, albeit without the formality of rulemaking, and subject to varying degrees of oversight by the courts. The reason why lies in the deference that the Supreme Court gave to the SEC in its formative years. The roots of insider trading law are commonly traced to the SEC’s decision in Cady, Roberts & Co. Cady, Roberts was only made possible, however, by the …
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?,
2016
Charles Darwin University School of Law
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman
Georgia Journal of International & Comparative Law
No abstract provided.
New Judicial Review In Old Europe,
2016
Yale University
New Judicial Review In Old Europe, Alyssa S. King
Georgia Journal of International & Comparative Law
No abstract provided.
Exploring Federal Diversity Jurisdiction: Testimony In Front Of The House Of Representatives Committee On The Judiciary, Subcommittee On The Constitution And Civil Justice,
2016
Dean, University of Baltimore School of Law
Exploring Federal Diversity Jurisdiction: Testimony In Front Of The House Of Representatives Committee On The Judiciary, Subcommittee On The Constitution And Civil Justice, Ronald Weich
All Faculty Scholarship
Good morning Chairman Franks, Ranking Member Cohen and members of the Subcommittee. My name is Ronald Weich and I am the dean of the University of Baltimore School of Law. Thank you for the opportunity to testify at this hearing entitled “Exploring Federal Diversity Jurisdiction.”
The subject of today’s hearing is technical, complex, little-understood by the general public, and yet fundamental to the administration of justice in this country. Federal diversity jurisdiction touches on profound questions of federalism, state sovereignty and the proper functioning of the federal courts.
Montana Judicial Elections: Does The Past Hold Lessons For Future?,
2016
Alexander Blewett III School of Law at the University of Montana
Montana Judicial Elections: Does The Past Hold Lessons For Future?, A. C. Johnstone
Faculty Journal Articles & Other Writings
No abstract provided.
Between Judicial Oligarchy And Parliamentary Supremacy: Understanding The Court's Dilemma In Constitutional Judicial Review,
2016
Singapore Management University
Between Judicial Oligarchy And Parliamentary Supremacy: Understanding The Court's Dilemma In Constitutional Judicial Review, Seow Hon Tan
Research Collection Yong Pung How School Of Law
This article considers the dilemma that constitutional judicial review presents to the most well-meaning of judges — that of navigating the narrow and difficult road between parliamentary supremacy and judicial oligarchy. It examines the Singapore Court of Appeal’s delineation of legal and extra-legal considerations in view of Ronald Dworkin’s theory of adjudication in determining the constitutionality of section 377A of the Penal Code in Lim Meng Suang v. Attorney General. It proposes an alternative natural law approach to constitutional judicial review based on Radbruch’s formula, which helps courts to avoid the pitfalls of judicial idiosyncrasies and usurpation of legislative mandate …
