Contents,
2015
University of Richmond
When Judges Have Reasons Not To Give
Reasons: A Comparative Law Approach,
2015
University of Connecticut School of Law
When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen
Washington and Lee Law Review
Influential theories of law have celebrated judicial reason-giving as furthering a host of democratic values, including judges’ accountability, citizens’ participation in djudication, and a more accurate and transparent decision-making process. This Article has two main purposes. First, it argues that although reason-giving is important, it is often in tension with other values of the judicial process, such as guidance, sincerity, and efficiency. Reason-giving must, therefore, be balanced against these competing values. In other words, judges sometimes have reasons not to give reasons. Second, contrary to common intuition, common law and civil law systems deal with this tension between reasons for …
A Friendly Amendment,
2015
Boston Univeristy School of Law
A Friendly Amendment, Larry Yackle
Faculty Scholarship
Heather Gerken comes to praise Justice Kennedy’s opinion for the Supreme Court in United States v. Windsor. 1 I come to praise Gerken’s valiant effort to recast the Windsor opinion along more convincing lines.2 Gerken does not propose a wholesale substitute for Justice Kennedy’s analysis. She suggests a shift in emphasis that lends Kennedy’s explanation for condemning DOMA a surprising jurisprudential significance. Where some us have seen yet another lamentable paean to the sovereignty of the states, Gerken detects the faint hint of the “nationalist” school of federalism that she and others have nurtured in recent years.3 Gerken does not …
Issue 3: Table Of Contents,
2015
University of Richmond
Chevron'S Legacy, Justice Scalia's Two Enigmatic Dissents, And His Return To The Fold In City Of Arlington, Tex. V. Fcc,
2015
The Catholic University of America, Columbus School of Law
Chevron'S Legacy, Justice Scalia's Two Enigmatic Dissents, And His Return To The Fold In City Of Arlington, Tex. V. Fcc, Stephen J. Leacock
Catholic University Law Review
The creation by the judiciary of the doctrine of Chevron deference to administrative agencies’ determinations, followed by the judiciary’s application and supervision of the Chevron deference doctrine in Administrative Law continue. Protection by the judiciary of the evolution of the doctrine also continues as an integral component of the judiciary’s contribution to the central objective of the three coequal branches of government to achieve for the United States a more perfect union. However, synergistic cooperation between the three branches in order to achieve that central objective requires that each branch honor its own constitutional obligation under the United States Constitution …
In Search Of The Real Roberts Court,
2015
American University Washington College of Law
In Search Of The Real Roberts Court, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The New Old Legal Realism,
2015
Northwestern Pritzker School of Law
The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley
Northwestern University Law Review
No abstract provided.
Diversifying The Federal Bench: Is Universal Legitimacy For The U.S. Justice System Possible?,
2015
Northwestern Pritzker School of Law
Diversifying The Federal Bench: Is Universal Legitimacy For The U.S. Justice System Possible?, Nancy Scherer
Northwestern University Law Review
No abstract provided.
Realism About Judges,
2015
Northwestern Pritzker School of Law
Realism About Judges, Richard A. Posner
Northwestern University Law Review
No abstract provided.
Beyond Principal-Agent Theories: Law And The Judicial Hierarchy,
2015
Northwestern Pritzker School of Law
Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline T. Kim
Northwestern University Law Review
No abstract provided.
The Chief Justice, The Appointment Of Inferior Officers, And The "Court Of Law" Requirement,
2015
Northwestern Pritzker School of Law
The Chief Justice, The Appointment Of Inferior Officers, And The "Court Of Law" Requirement, James E. Pfander
Northwestern University Law Review
In addition to his judicial duties, the Chief Justice presides over a sprawling judicial bureaucracy. Each year, the Chief fills positions within that bureaucracy, designating Article III judges to various specialty courts and appointing such officers as the director of the Administrative Office of the U.S. Courts. Although critics worry that the Chief may use his appointment role to shape Third Branch policy unduly, scholars view the role as constitutionally benign. This Article questions the Chief’s role. The Constitution authorizes Congress to vest the appointment of inferior officers in the “courts of law” but not the Chief Justice. History teaches …
A Typology Of Judging Styles,
2015
Northwestern Pritzker School of Law
A Typology Of Judging Styles, Corey Rayburn Yung
Northwestern University Law Review
This Article calls into question the fundamental premises of models of judicial decisionmaking utilized by legal and political science scholars. In the place of the predominant theories, I offer a new approach to understanding judicial behavior which recognizes judicial heterogeneity, multidimensional behavior, and interconnectedness among judges at different levels within the judiciary. The study utilizes a unique dataset of over 30,000 judicial votes from eleven courts of appeals in 2008, yielding statistically independent measures for judicial activism, ideology, independence, and partisanship. Based upon those four metrics, statistical cluster analysis is used to identify nine statistically distinct judging styles: Trailblazing, Consensus …
Trial By Google: Judicial Notice In The Information Age,
2015
Northwestern Pritzker School of Law
Trial By Google: Judicial Notice In The Information Age, Jeffrey Bellin, Andrew Guthrie Ferguson
Northwestern University Law Review
This Article presents a theory of judicial notice for the information age. It argues that the ease of accessing factual data on the Internet allows judges and litigants to expand the use of judicial notice in ways that raise significant concerns about admissibility, reliability, and fair process. State and federal courts are already applying the surprisingly pliant judicial notice rules to bring websites ranging from Google Maps to Wikipedia into the courtroom, and these decisions will only increase in frequency in coming years. This rapidly emerging judicial phenomenon is notable for its ad hoc and conclusory nature—attributes that have the …
Public Interest Lawyering & Judicial Politics: Four Cases Worth A Second Look In Williams-Yulee V. The Florida Bar,
2015
CUNY School of Law
Public Interest Lawyering & Judicial Politics: Four Cases Worth A Second Look In Williams-Yulee V. The Florida Bar, Ruthann Robson
Publications and Research
This "First Look" Essay argues that the Court should consider public interest lawyering when it decides a First Amendment challenge to the Canon prohibiting judicial candidates from soliciting money in Williams-Yulee v. The Florida Bar. It suggests that four cases are worth a "second look": Republican Party of Minnesota v. White (2002); Caperton v. A.T. Massey Coal Co. (2009); Shelley v. Kraemer (1948); and a Florida Supreme Court case involving discipline of a judge, In re Hawkins.
Gossiping About Judges,
2015
New England School of Law
Gossiping About Judges, Jordan M. Singer
Florida State University Law Review
Gossip about judges is an essential source of information to civil litigators. Hearing third party assessments of a judge’s personality, demeanor, intelligence, curiosity, and openness to new interpretations of the law can substantially affect a lawyer’s strategic decisions during the course of litigation, and sometimes whether litigation occurs at all. Yet gossip about judges rarely merits mention and has evaded serious study. This Article brings attorney gossip about judges out into the open, identifying its strategic benefits and drawbacks and explaining how attorneys use gossip (and other secondhand information on judges) to anticipate the likely outcome of judicial decisions. It …
A Conversation With Ruth Bader Ginsburg, Associate Justice Of The Supreme Court Of The United States,
2015
University of Michigan Law School
A Conversation With Ruth Bader Ginsburg, Associate Justice Of The Supreme Court Of The United States, University Of Michigan Law School
Event Materials
Program for the 2015 Tanner Lecture on Human Values on February 6, 2015, sponsored by the University of Michigan Law School and the University of Michigan LSA Department of Philosophy.
The State Of Recusal Reform,
2015
Indiana University Maurer School of Law
The State Of Recusal Reform, Charles G. Geyh, Myles Lynk, Robert S. Peck, Toni Clarke
Articles by Maurer Faculty
No abstract provided.
Addressing Three Problems In Commentary On Catholics At The Supreme Court By Reference To Three Decades Of Catholic Bishops' Amicus Briefs,
2015
The Catholic University of America, Columbus School of Law
Addressing Three Problems In Commentary On Catholics At The Supreme Court By Reference To Three Decades Of Catholic Bishops' Amicus Briefs, Kevin C. Walsh
Scholarly Articles
Much commentary about Catholic Justices serving on the Supreme Court suffers from three related shortcomings: (1) episodic, one-case-at-a-time commentary; (2) asymmetric causal attributions resulting from inattention to cases in which Catholic Justices vote for outcomes opposite those advocated by the Catholic Bishops' Conference; and (3) inattention to broader jurisprudential and ideological factors. This article uses an overlooked resource to identify and counteract these shortcomings. It assesses the votes of the Justices-Catholic and non-Catholic alike-in the full set of cases from the Rehnquist Court and the Roberts Court (through June 2014) in which the United States Conference of Catholic Bishops filed …
Changing The Rules Of The (International) Game: How International Law Is Turning National Courts Into International Political Actors,
2015
University of Washington School of Law
Changing The Rules Of The (International) Game: How International Law Is Turning National Courts Into International Political Actors, Osnat Grady Schwartz
Washington International Law Journal
Courts are known to be political actors. National courts play the political game in the national domain. International courts play it in the international sphere. This article studies the transformation of national courts into international political actors (IPAs), and the part international law plays in so making them. The article identifies, categorizes, and demonstrates the influence of national courts and judges on international relations (IR), separating the influence into two main categories: direct and indirect. Direct influence, is the effect of a national court taking a position on international issues in concrete situations with immediate IR implications. Indirect influence is …
The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp,
2015
Barry University
The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
