Tribute To Justice Rosalie Wahl,
2014
Mitchell Hamline School of Law
Tribute To Justice Rosalie Wahl, Eric J. Magnuson
William Mitchell Law Review
No abstract provided.
Tribute To Justice Rosalie Wahl,
2014
Mitchell Hamline School of Law
Tribute To Justice Rosalie Wahl, Donovan W. Frank
William Mitchell Law Review
No abstract provided.
Tribute To Justice Rosalie Wahl,
2014
Mitchell Hamline School of Law
Tribute To Justice Rosalie Wahl, Eric S. Janus
William Mitchell Law Review
No abstract provided.
Tribute To Justice Rosalie Wahl,
2014
Mitchell Hamline School of Law
Tribute To Justice Rosalie Wahl, Harriet Lansing
William Mitchell Law Review
No abstract provided.
Tribute To Justice Rosalie Wahl,
2014
Mitchell Hamline School of Law
Tribute To Justice Rosalie Wahl, Sharon Sayles Belton
William Mitchell Law Review
No abstract provided.
Supreme Court Of The United States, October Term 2014 Preview,
2014
Georgetown University Law Center
Supreme Court Of The United States, October Term 2014 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Overviews
No abstract provided.
The March Of Judicial Cosmopolitanism And The Legacy Of Enemy Combatant Case Law,
2014
Osgoode Hall Law School of York University
The March Of Judicial Cosmopolitanism And The Legacy Of Enemy Combatant Case Law, Madalina Lulia Sontrop
LLM Theses
This thesis explores the concept of judicial cosmopolitanism and its prevalence in enemy combatant case law. The author draws upon the theoretical and philosophical underpinnings of cosmopolitanism and cosmopolitan law to describe judicial cosmopolitanism as form of legal discourse through which judges show a willingness to extend constitutional protections based on a contemporary, functional understanding of sovereign jurisdiction. The purpose of this work is to address the correlation between enemy combatant jurisprudence and the aforementioned understanding of judicial cosmopolitanism. It is argued that a march of judicial cosmopolitanism developed early in enemy combatant cases, and that it came to a …
Should Courts Do Behavioral Analysis Of Boardroom Conduct?,
2014
University of Maryland Francis King Carey School of Law
Should Courts Do Behavioral Analysis Of Boardroom Conduct?, Dale A. Oesterle
Journal of Business & Technology Law
No abstract provided.
A Case Study Of Patent Litigation Transparency,
2014
University of Denver
A Case Study Of Patent Litigation Transparency, Bernard Chao, Derigan Silver
Sturm College of Law: Faculty Scholarship
By focusing on a single high profile patent case, Monsanto v. DuPont, this article explores the problem of transparency in patent litigation from two perspectives. First, this article provides metrics for understanding the nature and quantity of documents that were filed under seal in the Monsanto case. Second, this article scrutinizes particular aspects of the case to provide a more nuanced understanding of what the public cannot see. Although primarily descriptive, this article critically analyzes the sealing of so many documents by questioning the level of judicial oversight applied in decisions to seal court filings. It then goes on to …
Disparity In Judicial Misconduct Cases: Color-Blind Diversity?,
2014
University at Buffalo School of Law
Disparity In Judicial Misconduct Cases: Color-Blind Diversity?, Athena D. Mutua
Journal Articles
This article presents and analyzes preliminary data on racial and gender disparities in state judicial disciplinary actions. Studies of demographic disparities in the context of judicial discipline do not exist. This paper presents a first past and preliminary look at the data collected on the issue and assembled into a database. The article is also motivated by the resistance encountered to inquiries into the demographic profile of the state bench and its judges. As such, it also tells the story of the journey undertaken to secure this information and critiques what the author terms a practice of colorblind diversity. Initially …
Gerald Bard Tjoflat: A Profile,
2014
Duke Law School
Gerald Bard Tjoflat: A Profile, Daniel S. Bowling Iii
Faculty Scholarship
No abstract provided.
The Effectiveness Of International Adjudicators,
2014
Duke Law School
The Effectiveness Of International Adjudicators, Laurence R. Helfer
Faculty Scholarship
This chapter, in the Oxford Handbook of International Adjudication, provides an overview of the burgeoning literature on the effectiveness of international courts and tribunals (ICs). It considers four dimensions of effectiveness that have engendered debates among scholars or received insufficient scrutiny. The first dimension, case-specific effectiveness, evaluates whether the litigants to a specific dispute change their behavior following an IC ruling, an issue closely linked to compliance with IC judgments. The second variant, erga omnes effectiveness, assesses whether IC decisions have systemic precedential effects that influence the behavior of all states subject to a tribunal’s jurisdiction. The third approach, embeddedness …
A Winner’S Curse?: Promotions From The Lower Federal Courts,
2014
Duke Law School
A Winner’S Curse?: Promotions From The Lower Federal Courts, Stephen J. Choi, Mitu Gulati, Eric A. Posner
Faculty Scholarship
The standard model of judicial behavior suggests that judges primarily care about deciding cases in ways that further their political ideologies. But judicial behavior seems much more complex. Politicians who nominate people for judgeships do not typically tout their ideology (except sometimes using vague code words), but they always claim that the nominees will be competent judges. Moreover, it stands to reason that voters would support politicians who appoint competent as well as ideologically compatible judges. We test this hypothesis using a dataset consisting of promotions to the federal circuit courts. We find, using a set of objective measures of …
Tribute To Randall Shepard,
2014
Indiana University Maurer School of Law
Tribute To Randall Shepard, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Continuing Battle Over The Second Amendment,
2014
University of Missouri - Kansas City, School of Law
The Continuing Battle Over The Second Amendment, Allen K. Rostron
Faculty Works
No abstract provided.
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial,
2014
Barry University
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Behind The U.S. Reports: Justice Brennan's Unpublished Opinions And Memoranda In New York Times V. Sullivan And Its Progeny,
2014
American University Washington College of Law
Behind The U.S. Reports: Justice Brennan's Unpublished Opinions And Memoranda In New York Times V. Sullivan And Its Progeny, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
The contributions Justice William J. Brennan Jr. made to free expression in general and the law of libel in particular are unquestioned. His opinion in New York Times Co. v. Sullivan and cases that followed established sturdy protection for critics of public officials and helped further the marketplace of ideas that is so important for public discourse. Justice Brennan wrote thousands of words about Sullivan and its impact that never appeared in published opinions, however. Often he was required to alter his writings to accommodate the views of other justices needed for a majority. Those unpublished opinions – and memoranda …
Nlrb V. Noel Canning Presents A Nonjusticiable Political Question,
2014
Columbus School of Law, Catholic University of America
Nlrb V. Noel Canning Presents A Nonjusticiable Political Question, Victor Williams
Cardozo Law Review de•novo
This Article argues that the Noel Canning challenge to the President’s use of his recess appointment authority presents a nonjusticiable political question. The work draws from arguments developed for this author’s Supreme Court amicus briefs in Noel Canning, other amicus briefs lodged during the past year for related actions in the Third, Fourth, Seventh, Ninth, and D.C. Circuits, and a variety of this author’s commentary on federal appointments.
Institutional Stress And The Federal District Courts: Judicial Emergencies, Vertical Norms, And Pretrial Dismissals,
2014
SJ Quinney College of Law, University of Utah
Institutional Stress And The Federal District Courts: Judicial Emergencies, Vertical Norms, And Pretrial Dismissals, Daniel J. Knudsen
Utah Law Review
This Article examines the effects of judicial emergencies on the federal district courts. The Administrative Office of the U.S. Courts declares judicial emergencies when a weighted statistic of filings and vacancy days exceeds certain thresholds. This Article presents evidence on the relationship between emergency status in a judicial circuit and the frequency of pretrial disposition in federal district courts within that circuit: a federal district court is statistically more likely to dismiss a case before trial if its corresponding circuit court is in emergency. This evidence suggests that emergency status may affect normative expectations between the federal district courts and …
Juries, Lay Judges, And Trials,
2014
Cornell Law School
Juries, Lay Judges, And Trials, Toby S. Goldbach, Valerie P. Hans
Cornell Law Faculty Working Papers
“Juries, Lay Judges, and Trials” describes the widespread practice of including ordinary citizens as legal decision makers in the criminal trial. In some countries, lay persons serve as jurors and determine the guilt and occasionally the punishment of the accused. In others, citizens decide cases together with professional judges in mixed decision-making bodies. What is more, a number of countries have introduced or reintroduced systems employing juries or lay judges, often as part of comprehensive reform in emerging democracies. Becoming familiar with the job of the juror or lay citizen in a criminal trial is thus essential for understanding contemporary …
