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United States Magistrate Judges: Present But Unaccounted For, Philip M. Pro 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

United States Magistrate Judges: Present But Unaccounted For, Philip M. Pro

Nevada Law Journal

The relationship between United States district judges and United States magistrate judges is unique within the American judiciary. United States magistrate judges are the first judges encountered in most federal civil or criminal cases and play an increasingly important role in the adjudication of virtually every case in United States district court. Yet, while the behavior of Article III judges has been the subject of active academic scrutiny, the behavior of magistrate judges, who are appointed to renewable eight-year terms by their Article III district judge colleagues, has largely been ignored.1 This paper reports the results of interviews of thirty-four …


Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon

Nevada Law Journal

Federal magistrate judges are a relatively new creation, officially dating back only to 1968 in a federal judicial system which dates to 1789. Unlike federal district and appellate judges, whose constitutional authority is rooted in Article III, federal magistrate judges are a creation of Congress through Article I. Since their inception as special masters, magistrate judges’ responsibilities have steadily grown, now presiding (with the parties’ consent) over civil as well as misdemeanor criminal trials. The institutional differences between magistrate and district judges are stark: selection, compensation, and tenure, to name a few. At the same time, the roles of these …


The Comparative Outputs Of Magistrate Judges, Christina L. Boyd 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Comparative Outputs Of Magistrate Judges, Christina L. Boyd

Nevada Law Journal

Do federal magistrate judges make different decisions and produce distinct judicial outputs from district judges? To provide initial empirical evidence on this question, this study utilizes federal district court data covering issue areas including employment discrimination, broader civil rights, intellectual-property rights, and personal-injury torts. The data indicate that magistrate judges are actively involved in civil cases, with as many as sixty-seven percent of cases having one or more magistrate judges serving in some role. These magistrate judges commonly preside over settlement conferences, decide discovery motions, issue reports and recommendations on dispositive motions, preside over status, management, and scheduling conferences, and …


"Nothing Less Than Indispensable": The Expansion Of Federal Magistrate Judge Authority And Utilization In The Past Quarter Century, Douglas A. Lee, Thomas E. Davis 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

"Nothing Less Than Indispensable": The Expansion Of Federal Magistrate Judge Authority And Utilization In The Past Quarter Century, Douglas A. Lee, Thomas E. Davis

Nevada Law Journal

No abstract provided.


How Bayesian Are Judges?, Jack Knight, Mitu Gulati, David Levi 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

How Bayesian Are Judges?, Jack Knight, Mitu Gulati, David Levi

Nevada Law Journal

Judge Richard Posner famously modeled judges as Bayesians in his book, How Judges Think. A key element of being Bayesian is that one constantly updates with new information. This model of the judge who is constantly learning and updating, particularly about local conditions, is one of the reasons why the factual determinations of trial judges are given deference on appeal. But do judges in fact act like Bayesian updaters? Judicial evaluations of search warrant requests for probable cause provide an ideal setting to examine this question because judges in this context have access to information on how well they did …


Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh 2016 Texas A&M University School of Law

Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh

Nevada Law Journal

No abstract provided.


The Nevada Supreme Court Between 2010 And 2014, Jordan T. Smith 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Nevada Supreme Court Between 2010 And 2014, Jordan T. Smith

Nevada Law Journal

No abstract provided.


Using Feminist Theory To Advance Equal Justice Under Law, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Using Feminist Theory To Advance Equal Justice Under Law, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi

Nevada Law Journal

No abstract provided.


Toward A Feminist Political Theory Of Judging: Neither The Nightmare Nor The Noble Dream, Sally J. Kenney 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Toward A Feminist Political Theory Of Judging: Neither The Nightmare Nor The Noble Dream, Sally J. Kenney

Nevada Law Journal

No abstract provided.


Equality Writ Large, Phyllis Goldfarb 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Equality Writ Large, Phyllis Goldfarb

Nevada Law Journal

No abstract provided.


Ministering (In)Justice: The Supreme Court's Misreliance On Abortion Regret In Gonzales V. Carhart, J. Shoshanna Ehrlich 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Ministering (In)Justice: The Supreme Court's Misreliance On Abortion Regret In Gonzales V. Carhart, J. Shoshanna Ehrlich

Nevada Law Journal

No abstract provided.


The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson 2016 California State University - San Bernardino

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …


Against Administrative Judges, Kent H. Barnett 2016 University of Georgia School of Law

Against Administrative Judges, Kent H. Barnett

Scholarly Works

The single largest cadre of federal adjudicators goes largely ignored by scholars, policymakers, courts, and even litigating parties. These Administrative Judges or “AJs,” often confused with well-known federal Administrative Law Judges or “ALJs,” operate by the thousands in numerous federal agencies. Yet unlike ALJs, the significantly more numerous AJs preside over less formal hearings and have no significant statutory protections to preserve their impartiality. The national press has recently called attention to the alleged unfairness of certain ALJ proceedings, and regulated parties have successfully enjoined agencies’ use of ALJs. While fixes are necessary for ALJ adjudication, any solution that ignores …


Newsroom: Yelnosky On Judicial Selection, 5/23/2016, Roger Williams University School of Law, Edward Fitzpartick 2016 Providence Journal

Newsroom: Yelnosky On Judicial Selection, 5/23/2016, Roger Williams University School Of Law, Edward Fitzpartick

Life of the Law School (1993- )

No abstract provided.


Thomas More - Saint And Judge, William J. Brennan, Jr. 2016 St. John's University School of Law

Thomas More - Saint And Judge, William J. Brennan, Jr.

The Catholic Lawyer

No abstract provided.


Book Review: The Concept Of Custom In International Law. By Anthony A. D’Amato. Ithaca & London: Cornell University Press, 1971. Pp. Xvi, 286. $9.50., John F. T. Murray 2016 University of Georgia School of Law

Book Review: The Concept Of Custom In International Law. By Anthony A. D’Amato. Ithaca & London: Cornell University Press, 1971. Pp. Xvi, 286. $9.50., John F. T. Murray

Georgia Journal of International & Comparative Law

No abstract provided.


Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel 2016 University of Georgia School of Law

Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel

Georgia Journal of International & Comparative Law

No abstract provided.


The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris 2016 University of Georgia School of Law

The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris

Georgia Journal of International & Comparative Law

No abstract provided.


English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye 2016 University of Ife Nigeria

English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn 2016 University of Georgia School of Law

Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


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