Judges Commons^™

Dred Scott: A Nightmare For The Originalists, Sol Wachtler

Touro Law Review

No abstract provided.

Federalism, Diversity, Equality, And Article Iii Judges: Geography, Identity, And Bias, Sharon E. Rush

UF Law Faculty Publications

Each individual has a background, and that background shapes the individual’s views about life, creating an inevitable form of bias referred to as “experiential bias.” Experiential bias is shaped by many identity traits, including, among others, race, sex, sexual orientation, religion and even geography. The geographic identity of state judges and their potential unfair experiential bias is the common justification for federal court diversity jurisdiction. But experiential bias is inescapable, affecting everyone who's ever had an experience, and is generally not unfair, as demonstrated by most studies regarding the "fairness" justification for diversity jurisdiction. More recently, Justice O’Connor connected racial …

An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.

53rd Henry J. Miller Distinguished Lecture Series, The Hon. Justice John Paul Stevens

Georgia State University Law Review

Remarks by the Honorable John Paul Stevens, Retired Associate Justice of the Supreme Court of the United States, at the 53rd Henry J. Miller Distinguished Lecture Series.

Historical Antecedents Of Challenges Facing The Georgia Appellate Courts, Michael B. Terry

Georgia State University Law Review

The Georgia appellate courts face challenges common to many courts in these days of reduced governmental resources. At the same time, the Georgia appellate courts face unusual challenges that can be traced to their historical antecedents and one unique constitutional provision: the “Two-Term Rule.” Just as “[t]he law embodies the story of a nation’s development through many centuries,” the current rules and practices of both the Supreme Court of Georgia and the Court of Appeals of Georgia embody the story of the development of those courts since their founding.

Several aspects of the history of the courts directly impact the …

The Conflict Between Stare Decisis And Overruling In Constitutional Adjudication, Steven J. Burton

Cardozo Law Review

No abstract provided.

The Positive Foundations Of Formalism: False Necessity And American Legal Realism, Lawrence B. Solum

Faculty Scholarship

"The Positive Foundations of Formalism: False Necessity and American Legal Realism" explores the relationship between claims that judging is inherently political or ideological and contemporary studies of judicial behavior. These themes are developed in the context of a review of "The Behavior of Federal Judges" by Lee Epstein, William M. Landes, and Richard Posner.

In this review, I begin in Part I with the book’s core, situating Behavior of Federal Judges’ empirical findings in the context of the evolution of the attitudinal model and the emergence of empirical studies of judicial behavior that emphasize the role of law as an …

Appellate Division, Second Department, Smith V. Marrus, Elaine Yang

Touro Law Review

No abstract provided.

Supreme Court Institute Annual Report, 2013-2014, Georgetown University Law Center, Supreme Court Institute

SCI Papers & Reports

During the 2013-2014 academic year–corresponding to the U.S. Supreme Court’s October Term (OT) 2013–the Supreme Court Institute (SCI) provided moot courts for advocates in 96% of the cases heard by the Court this Term, offered a variety of programs related to the Supreme Court, and further integrated the moot court program into the education of Georgetown Law students. A list of all SCI moot courts held in OT 2013–arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of student observers–follows the narrative portion of this report.

Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein

Touro Law Review

No abstract provided.

Complex Litigation In The New Era Of The Ijury, Andrew J. Wilhelm

Pepperdine Law Review

This Comment argues for a comprehensive approach to legitimizing the lay jury—an approach involving education, attorney adaptation, courtroom renovations, and judicial knowledge—and a better understanding of how legal professionals can fairly and most effectively transmit knowledge to the average American. The lay jury can remain a vital, unique part of the American judicial system if the bench and bar take seriously their responsibilities and adapt to today’s new reality. Part II examines the background of three basic components of a successful contemporary trial: technology, litigation, and the jury. Part III explores how these three components have evolved in the modern …

Naalj Membership Application And Questionnaire, Alice Won

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Resolving The Alj Quandary, Kent Barnett

Journal of the National Association of Administrative Law Judiciary

Three competing constitutional and practical concerns surround federal administrative law judges (“ALJs”), who preside over all formal adjudications within the executive branch. First, if ALJs are “inferior Officers” (not mere employees), as five current Supreme Court Justices have suggested, the current method of selecting many ALJs likely violates the Appointments Clause. Second, a recent U.S. Supreme Court decision reserved the question whether the statutory protections that prevent ALJs from being fired at will impermissibly impinge upon the President’s supervisory power under Article II. Third, these same protections from removal may, on the other hand, be too limited to satisfy impartiality …

Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Department Of Agriculture's Rules Of Practice: Do They Still Serve Both The Department's And The Public's Needs?, Peter M. Davenport

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Administrative Adjudications In New Jersey: Why Not Let The Alj Decide?, Richard M. Hluchan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Final Decision Authority And The Central Panel Alj, Larry J. Craddock

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Bernard S. Meyer Et Al., The History Of The New York Court Of Appeals, 1932-2003, Meredith R. Miller

Touro Law Review

No abstract provided.

Judicial Capacities And Patent Claim Construction: An Ordinary Reader Standard, Greg Reilly

Michigan Telecommunications & Technology Law Review

Patent claim construction is a mess. The Federal Circuit’s failure to provide adequate guidance has created significant problems for the patent system. The problems with claim construction result from the Federal Circuit’s inability to resolve whether claim terms should be given (1) the general, acontextual meaning they would have to a skilled person in the field; (2) the specific meaning they have in the context of the patent; or (3) some combination of the two. The claim construction debate largely overlooks the generalist judges who must implement claim construction. This Article fills that gap, concluding that existing approaches are difficult, …

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.